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 Objections
Please see the annotated claim set attached as an appendix. The circled words and phrases are either objections or 112 rejections as outlined below.
Claims 1, 3, 6, 8, 9, 10-12, and 14 are objected to because of the following informalities:. Appropriate correction is required.
Claim 1 line 8 uses the phrase “which is”. From the context of the claim, “which is” is referring to the cylindrical protrusion, however applicant may want to refrain from this type of language and simply restate the element that is being further defined. In other words change “which is” to “the cylindrical protrusion”.
Claim 3 Line 3 states “which is the air vehicle” which applicant should change to “the body of the air vehicle”, or some other similar phrase.
Claim 6 Line 2 states “which is provided”. The phrase can likely be changed to comprises as commonly used in US Claim language.
Claim 8 Line 3 states “radiused edges”. This phrase may be a translation issue. Does applicant mean curved?
Claim 9 states “which provides for” in Line 3. Applicant may consider using “configured to provide” or similar language.
Claims 10, 11, and 14 use the phrase “which is” and “which has”. The word which should be removed.
Claim 12 recites the phrase “extending from” which should be changed to “extends from”
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Please see the annotated claim set attached as an appendix.
Claim 1 recites the limitations "provides the tube to be fixed" and “provides the fastener to be attached in Lines 6, 8, 11, and 13 which render the claim indefinite. It is unclear what is being provided. This appears to be a translation issue which may require extensive amendments to fix. Perhaps applicant could rephrase Line 6 to say “a first fastener configured to fix the tube to the intermediate piece”? Alternatively, since a fastener inherently fixes things together, applicant could simply state the configuration: “a first fastener fixing the tube to the intermediate piece”.
Claim 1 recites the limitation "its own axis" in Lines 9, 15, and 16 which renders the claim indefinite. “its” in this instance is unclear because the specific claim element being referred to is unclear. Is the tube, the intermediate piece, or the cylindrical protrusion being rotated?
Claim 1 recites the limitation "to be performed" in Line 16 which renders the claim indefinite. This phrase appears to be a method step in an apparatus Claim. It is unclear if rotating always needs to be performed on the mounting system to meet the claim limitations. Applicant may consider using “configured to” language to explain how the tube can rotate.
Claim 2 recites the limitation "the air vehicle" in Line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the user" in Line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation “so as to move together” in Line 7 which renders the claim indefinite. It is unclear what elements are moving together. The fastener and the equipment? The equipment and the adapter? The fastener and the adapter? All three elements?
Claim 4 recites the limitation "provides the adapter to be removably attached" in Lines 8 and 11 which renders the claim indefinite. Similar to Claim 1, applicant should replace the “provides” language with “configured to”, or preferably simply state the configuration.
Claim 4 recites the limitation "the interlocking part" in Line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitations “to be fixed" and “to be adjusted” in lines 13 and 15 which renders the claim indefinite. It is unclear if these limitations are required since the phrase is a future tense. Will the mounting system be fixed and adjusted at some point later or must it be part of the mounting system currently? “Configured to” language may be appropriate here.
Claim 5 recites the limitation "by rotating" in Line 8 which renders the claim indefinite. This is a method step in an apparatus claim. Does the adapter necessarily have to be rotating?
Claim 7 recites the limitation "which is located" in Line 4 which renders the claim indefinite. It is unclear what element is being referred to by “which”.
Claim 9 recites the limitation "the abutment surface" in Line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitations "and attaching" and “rotating the adapter and equipment around the second adjustment axis” in Lines 5 and 10 which renders the claim indefinite. The beginning of Claim 9 states “the protrusion which provides…” however these two following limitations are not provided by the protrusion. “and attaching” is provided by fasteners. Rotating “around the second adjustment axis” is provided by the adapter or bushing.
Claim 13 recites the limitation "temporarily attached" in Line 13 which renders the claim indefinite. It is unclear how an apparatus can have a temporary element. This limitation is for a method step. Applicant may not want to claim the laser as part of the system unless it is always part of the system.
Claim 15 recites the limitation "produced by NC manufacturing" in Line 3 which renders the claim indefinite. This appears to be a method step in an apparatus claim. Additionally, NC should likely be CNC.
Claims 3, 6, 8, 10-12, and 14 are rejected for being dependent upon an indefinite base claim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: means of the first fastener in Claim 1 Line 14.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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, 4-9, 11, 12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Murray (US 5820093 A). Murray discloses:
1. An adjustable equipment mounting system comprising a body (3); an intermediate piece (71/77) located on the body (3) so as to extend outward from the body; a tube (61) in a cylindrical form (see rightmost tube 61 in Fig. 1) removably attached to the intermediate piece, extending in at least two directions (rightmost 61 has L-shape; See Fig. 1); at least equipment (“fixing an object (not shown) outside thereof such as a search light, camera, forward looking infrared scanner, and the like”; Col 3 Line 32) removably attached to the tube; a first fastener (69) which provides the tube to be fixed to the intermediate piece, wherein a cylindrical protrusion (79) form-fitting (“smaller in diameter so that its outside diameter matches with the inside diameter of support tubes 61”; Col 5 Line 21) with the tube, which is inserted into the tube and provides the tube to be attached to the intermediate piece and rotated around its own axis; a first adjustment area (67) which is located in a part of the tube that is engaged with the protrusion, provides the first fastener to be attached, and is provided as an opening (since 69 uses rivets which go through both 61 and 75) provided on the outer surface of the cylindrical tube, wherein the first adjustment area provides the tube to be fixed by means of the first fastener in a position to which the tube is brought by rotating around its own axis, thereby providing the angular position change of the equipment to be performed by rotating the tube around its own axis (“Rivet holes 69 are formed about tube-encircling portion 81 for receipt therein of cherry rivets and the like to pass into support tubes 61 and lock ring connector 75 into tight connection with tube 61”, Col 5 Line 36).
4. An adjustable equipment mounting system according claim 1, wherein at least one adapter (113) in a cylindrical form (at least the threaded portion 117), which is located between the tube (61) and the equipment (“fixing an object (not shown) outside thereof such as a search light, camera, forward looking infrared scanner, and the like”; Col 3 Line 32); a second adjustment axis (axis X in Fig. 17) along which tube, adapter and equipment extend longitudinally substantially in a coaxial manner (as attached to 5); an equipment fastener (5) that enables the equipment (via 25) to be attached removably to the adapter so as to move together; a second fastener (fastener that goes through 121) which provides the adapter to be removably attached to the tube; a second adjustment area (117) on the adapter, which is provided as a substantially all-round opening in the interlocking part of the tube; and the adapter, and provides the adapter to be removably (since 117 can screw into 125) attached to the tube, wherein the second adjustment area provides equipment and adapter to be fixed in a position, to which they are brought by rotating around the second adjustment axis (rotate about X in Fig. 17), by means of the second fastener, thus providing the final pitch angle of the equipment to be adjusted.
5. An adjustable equipment mounting system according to claim 4, wherein a bushing (123) with cross-sectional areas of different diameters (see taper in Fig. 17), which extends outward (at 65) from the tube along the second adjustment axis and acts as a part for the adapter to rotate thereon, wherein one end of the bushing is at least partially engaged with the tube (again at 65), and the other end thereof is at least partially engaged with the adapter (at 117 and 125), wherein the bushing provides precise pitch angle adjustment of the equipment by rotating (about X axis in Fig. 17) the adapter and the equipment around the second adjustment axis.
6. An adjustable equipment mounting system according to claim 5, wherein the second adjustment area which is provided as an opening (opening in 129) on the outer surface of the adapter a cylindrical form, in the interlocking part of the adapter and the bushing, and which substantially surrounds the outer surface of the adapter.
7. An adjustable equipment mounting system according to claim 2, wherein an abutment (“abutting ends of support tubes”; Col 5 Line 16) surface in a circular form with a diameter substantially larger than the outer diameter of the tube, which is located on the intermediate piece and has cross-sectional areas of different diameters, wherein the abutment surface enables restriction of the axial movement of the tube along the first adjustment axis.
8. An adjustable equipment mounting system according to claim 1, wherein the intermediate piece (79), which has radiused edges (see Fig. 12b) on the body and thus provides effective aerodynamic performance by acting as a fairing.
9. An adjustable equipment mounting system according to claim 4, wherein the protrusion which provides for: translating the tube along the first adjustment axis such that it is positioned to contact the abutment surface, and attaching the tube to the intermediate piece, rotating the tube around the first adjustment axis through the first adjustment area to adjust the roll, pitch and yaw angles of the equipment (E), rotating adapter and equipment (E) around the second adjustment axis through the second adjustment area to perform final pitch angle adjustment of the equipment (E) (“The exact place of attachment to tubes 61 depends upon the exigencies of the circumstances. Bracket 71 is shown in FIG. 1 to be a generally flat plate 73 having at least two ring connectors 75 attached thereto”; Col 4 Line 66).
11. An adjustable equipment mounting system according to claim 1, wherein the tube which has a circular cross-section (see fig 1) and thus can be produced easily or has an airfoil-shaped cross-section, thereby increasing the effective aerodynamic performance of the body.
12. An adjustable equipment mounting system according to claim 1, wherein at least one support element (61 attached to 360o in Fig. 1) extending from the body (3) towards the tube and contributing to the precise positioning (via 87) of the equipment and to the reduction of the tube deformation due to the weight of the equipment; a mechanical clamp (87) removably attached to the tube, which is a clamp-type mechanical connection substantially surrounding the tube, and is located at a part of the support element contacting the tube.
14. An adjustable equipment mounting system according to claim 1, wherein the body (G) which is a helicopter, UAV or aircraft (“helicopters but finds use in mounting objects to airplanes, boats, ships, trucks and other such vehicles”; Col 3 Line 37).
15. An adjustable equipment mounting system according to claim 1, wherein the intermediate piece produced by NC manufacturing method (“monolithic piece or element of aluminum”; Col 5 Line 30).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Murray as applied to claim 1 above, and further in view of Figoureux (US 8915466 B2). Murray discloses a body of an air vehicle (“helicopter fuselage 3”; Col 3 Line 32) but is silent on specific angles. Figoureux discloses a similar mounting system with an L-shaped tube (30+33) and further teaches
2. An adjustable equipment mounting system according to claim 1, wherein a centerline (line through P1) extending longitudinally from the nose (3) to the tail cone (4) of the body (2) that is the air vehicle; a plane of symmetry (P1) passing through the centerline and dividing the body (2) into two substantially symmetrical parts; a first adjustment axis along which the tube and the protrusion extend longitudinally; a symmetrical plane angle (see forward angle of 30 in Fig. 1) predetermined by the user, which is an angle between the plane of symmetry and the first adjustment axis; the protrusion extending substantially along the symmetrical plane angle outward from the intermediate piece, thus enabling the tube to which it is attached to be positioned to extend substantially along the symmetrical plane angle; and
3. An adjustable equipment mounting system according to claim 2, wherein a body plane (plane perpendicular to both P1 and P2) perpendicular to the centerline and passing through the centerline of the body (2) which is the air vehicle; a longitudinal position angle (See slightly upward angle of 30 in Fig. 2) predetermined by the user, which is an angle between the body plane and the first adjustment axis; the protrusion extending substantially along the longitudinal position angle outward from the intermediate piece, thus enabling the tube to which it is attached to be positioned to extend substantially along the longitudinal position angle.
At the time of filing, it would have been obvious to one of ordinary skill in the art to provide the mounting system of Murray with a beta and theta angle in view of the teaching of Figoureux. The motivation for doing so would have been to balance the aircraft as taught by Figoureux.
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Murray as applied to claims 1 and 4 above, and further in view of Brusius (US 6622390 B2). Murray discloses the mounting system as described above and further teaches mounting “a search light, camera, forward looking infrared scanner, and the like” (Col 3 Line 34) but is silent on an air data system or laser. Brusius teaches an adjustable mount (30) which includes:
10. An adjustable equipment mounting system according to claim 1, wherein the equipment (E) which is a “Helicopter Air Data System” (12) that measures speed, direction and temperature information of the air (see top of Col 4); and
13. An adjustable equipment mounting system according to claim 4, wherein a laser (60+61) which is temporarily attached to the adapter for the purpose of determining the positions of the first adjustment area and the second adjustment area, and enables the positioning of the equipment (E) around the axes of roll, pitch and yaw.
At the time of filing, it would have been obvious to one of ordinary skill in the art to provide the mounting system of Murray with the Air data system and laser of Brusius. the motivation for doing so would have been to have the sensor at a known angle as taught by Brusius.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Since applicant’s independent claim does not require a pitot static tube or helicopter, many different adjustable L-shaped mounts can read on Claim 1. Holzman (US 3833198 A) shows a very similarly shaped mount, but it’s for a mirror. Spriggle (US 5844324 A ) also has an L-shaped mount (22+24+26) for a wind turbine. Additionally, applicant claims angles in Claims 2+3, however these other two references would meet the limitations in Claims 2+3 simply by being at 90 degrees or 0 degrees.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN M O'HARA whose telephone number is (571)270-5224. The examiner can normally be reached Monday - Friday, 9AM - 5PM eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN M O'HARA/Primary Examiner, Art Unit 3642