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 .
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 23 and 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pizarro (WO 2018/218370).
Regarding claim 23, Pizarro discloses a method for recovering or preventing a spiral dive or a stall of a weight-shift aerial vehicle during flight (Examiner notes the method disclosed during flight in §[0084]: Control system 100 is configured to issue operational commands in response to data from the primary sensor network 200... such data is interpreted by control system 100 to detect whether the aircraft is deviating from a programmed or predetermined heading or altitude or that it will soon deviate from such heading i.e., to prevent or recover from a spiral dive or a stall… [the commands configured to] cause the aircraft centre of mass to shift and the aircraft to change direction and/or altitude), the vehicle (weight shift control flex wing aircraft 10, Fig. 1) having:
a frame (fuselage 8, Fig. 1);
a wing assembly defining a flexible sail that extends from port to starboard sides of the vehicle (wing assembly 6); the flexible wing assembly comprising:
a wing keel extending from fore to aft ends of the wing assembly (43);
a pair of wings (16), wherein each side of said pair of wings has a strut (44) coupled to and extending away from the wing keel and defines a leading edge (Examiner notes the front edge of pair of wings 16 defined at tubing 41) and a trailing edge when the wing assembly is moved through air (Examiner notes the edge opposite the leading edge defined at tubing 41),
wherein the trailing edge of each side of said pair of wings is configured for actuatable reversible billowing in at least a portion along a length of the trailing edge (Examiner notes the trailing edge is configured for actuatable reverse billowing as reverse billowing is a natural aeroelastic response in flexible wing sail vehicles);
a joint permitting for pivotal movement of the frame relative to the wing assembly to shift the center of mass of the frame beneath the wing assembly (Examiner notes a joint permitting for pivotal movement of the frame, i.e., fuselage 8, relative to the wing assembly 6 to shift the center of mass of the frame beneath the wing assembly IS disclosed as is evidenced by at least §[0084]: The activation of motors 152 selectively tensions or de-tensions cables 160a and b such that the fuselage 8 alters its position with respect to the wing 16, within either or both of its axes of rotation. Such rotations of fuselage 8 with respect to wing 16 cause the aircraft centre of mass to shift and the aircraft to change direction and/or altitude); and
a propulsion unit for providing thrust coupled to the frame, the wing assembly, or both the frame and the wing assembly (34),
the method comprising the steps of:
identifying a pre-condition leading to a stall or a spiral dive during flight (Examiner notes the step of identifying a pre-condition leading to a stall or spiral dive during flight is disclosed in at least §[0084]: the primary sensor network 200... such data is interpreted by control system 100 to detect whether the aircraft is deviating from a programmed or predetermined heading or altitude or that it will soon deviate from such heading i.e., to prevent or recover from a spiral dive or a stall… [in which the commands are configured to] cause the aircraft centre of mass to shift and the aircraft to change direction and/or altitude [thus recovering or preventing a spiral dive or a stall]); and
altering the shape of the flexible sail by reversibly actuating billowing in at least a portion along a length of the trailing edge in one side of said pair of wings or both sides of said pair of wings (Examiner notes the step is disclosed in at least §[0068]: The flexibility of wing 16 permits its configuration to be actively altered in response to urging from actuators, described below which cause wing 16 to depart in various respects from a neutral, “rest,” or “trim” position, seen in FIG. 3, in response to both aerodynamic and mechanical forces applied to it. According to this aspect, the flexibility of wing 16 may vary at different locations of the wing to optimize aerodynamic effects; Examiner further notes the trailing edge may billow in response to shifts in center of gravity of the aircraft, §[0065]; and As seen in Figure 5, wing 16 may also comprise a relatively flexible trailing edge region 46 that may deform or billow during flight, in comparison with a leading region 48 that is relatively rigid, §[0065]);
wherein the reversibly actuating billowing comprises:
decreasing a distance between the wing keel and an intersection of the leading edge with the strut of a first side of said pair of wings (Examiner reiterates §[0084]: The activation of motors 152 selectively… such that the fuselage 8 alters its position with respect to the wing 16 within either or both of its axes of rotation. Such rotations of fuselage 8 with respect to wing 16 cause the aircraft centre of mass to shift, and Examiner notes that the shift backward by angle X as seen in Fig. 6 and as disclosed in §[0069] decreases a distance between the wing keel 43 and an intersection of leading edge 41 with strut 44);
decreasing a distance between at least a portion along a length of the trailing edge and an intersection of the leading edge with the strut of a first side of said pair of wings (Examiner notes that the shift backward by angle X as seen in Fig. 6 and as disclosed in §[0069] decreases a distance between at least a portion along a length of the trailing edge defined as the edge opposite the leading edge defined at tubing 41, Fig. 7, and the intersection of the leading ledge defined at 41 with the strut 44, Fig. 7);
decreasing a distance between the wing keel and at least a portion along a length of the trailing edge by pulling on the trailing edge on one side of said pair of wings with respect to the back of the wing keel to produce a banked turn (Examiner notes this “decreasing clause” is optional as is indicated by the word “or”) ; or
a combination thereof (Examiner notes this “decreasing clause” is optional as is indicated by the word “or”); and
thereby recovering or preventing the spiral dive or the stall of the weight-shift aerial vehicle (Examiner notes recovering or preventing the spiral dive or the stall of the weight shift aerial vehicle when the aircraft is deviating from a programmed or predetermined heading or altitude or when it is determined the aircraft will soon deviate from such heading is an intentional application of weight-shift controlled vehicle with a flexible sail as the combination of weight control and sail deformation creates a configuration capable of inherent aeroelastic feedback).
Regarding claim 25, Pizzaro discloses the method of claim 23, wherein the reversibly actuating billowing on one side of said pair or wings is independent of or is simultaneous with an actuation of the actuatable actuable reversible billowing in the other side of said pair of wings (Examiner notes Pizzaro discloses reversibly actuating billowing on both sides of wing assembly 6, §§ [0084] and [0069]; Examiner further notes the limitation “independent of” or “simultaneous with” covers all instances and is therefore anticipated by Pizarro).
Regarding claim 26, Pizzaro discloses the method of claim 23,wherein the pre-condition leading to a stall or a spiral dive during flight comprises one or more of air speed, roll, angle of attack, absolute position of the wing assembly with respect to the earth and the relative position of the fuselage with respect to the wing assembly (Examiner notes the pre-condition is at least based on the relative position in space of the fuselage 8 with respect to the wing 16, as is evidence by §[0072]).
Regarding claim 27, Pizzaro discloses the method of claim 23, wherein the pre-condition leading to a stall or a spiral dive during flight comprises low airspeeds, high angle of attack, and/or when lift on one side is lost if the wing is rolled too far to one side (Examiner notes the pre-condition’s leading to a stall inherently include low airspeeds, high angle of attack, and/or when lift on one side is lost if the wing is rolled too far to one side; Examiner further notes the step of identifying is done with sensors that sense low airspeeds, high angle of attack, and/or when lift on one side is lost if the wing is rolled too far to one side as is evidenced by at least §[0096], Control system 100 receives data from primary and secondary sensors 202 and 232 relating to the orientation and condition of wing 16 and fuselage 8, environmental conditions, altitude, heading, speed, location, position and other variables).
Response to Arguments
Applicant's arguments filed 9/19/2025 have been fully considered. The claim objections and drawing objections are withdrawn. The 112(b) rejection of claim 23 and 25-27 is obviated and withdrawn in light of the amendment to claim 23.
Examiner notes the prior art of record discloses claims 23 and 25-27. However, the prior art does not appear to teach:
The prior art of record discloses claims 23 and 25-27. However, the prior art does not appear to teach:
decreasing a distance between the wing keel and at least a portion along a length of the trailing edge, specifically, by pulling on the trailing edge on one side of said pair of wings with respect to a back of the wing keel to produce a banked turn; or
the specifics of the following decreasing distances, for example:
decreasing a distance between the wing keel and an intersection of the leading edge with the strut of a first side of said pair of wings, specifically, via a cable 200 used to flex and pull a rear section of the wing keel 23 towards the main strut 22 of the wing where it joins the leading edge 24 creating an additional billow 202 on one side of the wing by shifting the keel 23 away from the center of the wing 20 and produces an asymmetrical nose angle resulting in a flatter, more coordinated turn; or
decreasing a distance between at least a portion along a length of the trailing edge and an intersection of the leading edge with the strut of a first side of said pair of wings, specifically, via a cable 300 directly connected to a sail material of the wing at the trailing edge 26 and pulled towards the leading edge 24 of the wing resulting in the aircraft banking and yawing towards the wing side with a greater billow.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.D.G./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642