DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species III in the reply filed on 2/3/2026 is acknowledged. Claims 7-−9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1−6 and 10−13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. Claims 1−6 and 10−13 contain several limitations which lack antecedent basis, due to the intended antecedent reciting “at least one” followed by an element. There are too many errors to list, however at least the following terms lack proper antecedent basis: the fairing panel, the structure, the first bearing zone, the first and second bearing zones, the seal, the stop, the fastening elements (where the antecedent is “at least one fastening element”), the groove.
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6 recites “the at least one fastening element comprises a plurality of fastening elements” and then recites “the aircraft fairing comprises a plurality of fastening elements.” It is unclear if the second limitation for “plurality of fastening elements” is separate and distinct from the first such limitation, or whether these are the same plurality of fastening elements.
Furthermore, claim 6 recites “the aircraft fairing comprises…a discontinuous compressible seal having a plurality of segments…” It is unclear if this is a separate compressible seal from the previously recited compressible seal, or if this claim is intended to further limit the previously recited compressible seal. Additionally, because there are two separate recitations of “a plurality of fastening elements,” it is unclear which set of fastening elements (if there are two sets) is referred to in “interposed between the fastening elements.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1−4 and 10−13 are rejected under 35 USC §102(a)(1) as being anticipated by US Pre Grant Publication No. 2023/0031384 to Schneider et al. (“Schneider”).
Regarding claims 1−2 and 13, Schneider teaches an aircraft comprising at least one aircraft fairing, each aircraft fairing comprising:
at least one structure (second component 20),
at least one fairing panel 10 (where one of ordinary skill in the art would interpret “seal removable covers” described in para. [0053] as constituting a fairing panel),
at least one fastening element (third aircraft component 12 and fastener 12a) connecting the fairing panel and the structure (fig. 3),
‒ the fairing panel having an inner face 120 oriented towards the structure, a peripheral edge and at least one first bearing zone situated on the inner face and running along the peripheral edge (fig. 3),
‒ the structure having at least one second bearing zone 110 facing the first bearing zone (fig. 3), and
at least one seal 200 supported by the fairing panel and positioned between the first and second bearing zones (fig. 3),
wherein the fairing panel comprises at least one rigid stop (at first surface 110 abutting second component 20) positioned in the first bearing zone and,
wherein the seal is a compressible seal having a compression ratio, the stop and the compressible seal being configured such that the compression ratio of the compressible seal is between 10 and 85% (where para. [0064] discloses a compression ratio of 25%).
Regarding claim 3, Schneider teaches that the stop is an overthickness that projects with respect to the inner face of the fairing panel (fig. 3).
Regarding claim 4, Schneider teaches that the overthickness and the fairing panel form just a single piece (fig. 3).
Regarding claim 10, Schneider teaches that the compressible seal adjoins the overthickness (at 202 and 204 in fig. 5).
Regarding claim 11, Schneider teaches that the fairing panel comprises at least one connection by adhesive bonding connecting the compressible seal and the overthickness of the fairing panel (para. [0072]).
Regarding claim 12, Schneider teaches that the aircraft fairing comprises at least one groove configured to partially house the compressible seal (figs. 9−11), the groove and the compressible seal being configured such that the compressible seal is compressed in the groove in order to obtain retention by compression of the compressible seal in the groove (i.e. the seal is “press-fit” in para. [0075]).
Allowable Subject Matter
Claims 5−6 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) and the claim objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the nearest prior art is considered to be: Schneider; US Patent No. 6,581,877 to Pauly; US Patent No. 2,654,922 to Krupp; US Patent No. 2,572,947 to Pevney; US Patent No. 3,042,980 to Brinsmade; and US Patent No. 10,059,426 to Flores et al. (“Flores”).
Schneider teaches as discussed above. The overthickness in Schneider (fig. 3) is not located on either side of the fasteners. Flores similarly teaches fasteners which do not have portions of the overthickness on either side (see figs. 2, 9, and 11).
Pauly teaches a fairing having a compressible seal but fails to teach the particulars of the claimed invention, including the fastening elements as claimed.
Pevney teaches a structure (figs. 2−3) with visual similarities to Applicant’s fig. 10, however Pevney lacks several of the features of the claimed invention, including a compressible seal which reads on the claimed invention (where “filler 46” in fig. 16 cannot be interpreted as being between bearing zones of the structure and fairing panel).
Krupp teaches a lifeboat 53 in figs. 6−9. One of ordinary skill in the art would most likely not consider this a fairing, but regardless, Krupp does not teach fasteners having an overthickness on either side.
Brinsmade teaches a canopy 24 which can be considered a fairing of sorts. However, the canopy does not feature fasteners connecting it to the fuselage. It would not be obvious to one of ordinary skill in the art to attach a canopy with such fasteners since this would make egress time-consuming and perilous in an emergency.
The prior art alone or in combination fails to teach or render obvious the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael B Kreiner whose telephone number is (571)270-5379. The examiner can normally be reached Monday-Friday 9:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.B.K./Examiner, Art Unit 3642
/Richard Green/Primary Examiner, Art Unit 3647
Prosecution Insights