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 .
Response to Arguments
Applicant's arguments filed 3/9/26 have been fully considered but they are not persuasive.
For the 112(a), applicant argues that there is support in paragraph 0076. However, 0076 is related to the embodiment of Figs. 1-5. Claim 1 states “an expansion tank separate from the main tank”. Therefore, it cannot be drawn to that embodiment which does not have a separate expansion tank. Therefore, there is not an embodiment that supports these limitations together.
The 112(b) rejections have been addressed and are therefore withdrawn.
Regarding Barbosa, applicant argues that there is no expansion tank separate from the main tank. The examiner respectfully disagrees. Fig. 2 shows tanks 100a separate from the tanks 100b. These tanks have space within them that fuel could expand within.
Regarding the 103 rejections, the applicant argues that UH1 Manual NPL and UH1 Evaluation NPL do not teach the location of the fuel tanks relative to the cabin floor. The examiner respectfully disagrees. The UH1 Manual NPL shows in Fig. 2-10 that the main tanks are flat tanks located at the bottom of the helicopter. This is proven by the upper right image, which is a bottom view of the helicopter. As can be seen, the drains and sumps are shown in this bottom view, and therefore the tanks must be located at the bottom of the helicopter. Further, Fig. 6-1 shows a cabin floor. For the tanks to be located as depicted in Fig. 2-10, they must be located in the tank-shaped space below the cabin floor. To further support this, the NPL titled “X-Plane Reviews” (“X-Plane NPL”), cited in the parent app 17229187, is shown below. This image describes the same UH1 helicopter, and shows the relative positioning.
Additionally, to clear up applicant’s confusion as to what the “upper tank” is referring to, it is the tank which is upward and rearward relative to the main tank.
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Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11 states “the gravity fuel port tank connection is arranged to prevent filling the entire main tank by gravity fueling”. There is not support for this limitation as it relates to the claimed embodiment. Support for this limitation is only found in the embodiment of Figs. 1-5. However, claim 1 requires an expansion tank separate from the main tank, for which there is not support in this embodiment.
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.
Claim 11 is 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.
Claim 11 states “the gravity fuel port tank connection is arranged to prevent filling the entire main tank by gravity fueling”. Applicant has responded to the 112(a) above stating that Para 0076 (and therefore the embodiment of Figs. 1-5) reads on the claims. It is unclear how this can be true and how to interpret these claims. The embodiment of Figs. 1-5 does not provide for a separate expansion tank as required by claim 1, and yet only this embodiment reads on claim 11.
All dependent claims not addressed above are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-8, 13, and 21-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barbosa et al (US 20090050743 A1).
For claim 1, Barbosa discloses an aircraft with a fuselage that accommodates a floor panel and a fuel storage system, wherein the fuel storage system comprises:
a tank system with at least one main tank that is arranged underneath the floor panel Fig. 1; and
a plurality of ventilation lines Fig. 2 that vent the tank system, wherein at least one of the plurality of ventilation lines comprises a crossing ventilation line that is routed from a first lateral side of the tank system to an opposite second lateral side of the tank system Fig. 4: 152 (which is part of a vent line that continues through conduit 142) is a lateral conduit routed from one side to the other,
wherein the at least one crossing ventilation line is routed underneath or in the floor panel from the first lateral side of the tank system to the second lateral side of the tank system Fig. 4,
wherein the tank system comprises a fuel volume expansion space in an expansion tank separate from the main tank one of the smaller tanks 100a relative to one of the larger main tanks 100b (fuel may expand in this tank).
For claim 3, Barbosa discloses the aircraft of claim 1, wherein the expansion tank is arranged at the second lateral side smaller tank located at the left side.
For claim 4, Barbosa discloses the aircraft of claim 3, wherein the at least one crossing ventilation line 152 is routed underneath or in the floor panel from a first ventilation point 146 provided at the first lateral side on the at least one main tank to the expansion tank the vent line continues via 142 to the tank 100a.
For claim 5, Barbosa discloses the aircraft of claim 1, wherein the plurality of ventilation lines comprises at least one further ventilation line Fig. 3: conduit 112 that is routed underneath or in the floor panel from a second ventilation point 116 provided at the second lateral side on the at least one main tank located on left side of main tank to the expansion tank 112 connects to smaller tanks 100a (expansion tank).
For claim 6, Barbosa discloses the aircraft of claim 5, wherein the at least one crossing ventilation line is connected to the expansion tank at a first position that is further away from the floor panel than a second position where the at least one further ventilation line is connected to the expansion tank Fig. 2: 142 is behind/lower than conduits 112, and therefore further from the floor.
For claim 7, Barbosa discloses the aircraft of claim 1, wherein the plurality of ventilation lines comprises at least two outlet ventilation lines two of lines 150 that are routed underneath or in the floor panel from the expansion tank to associated outlets two of vent access ports 146.
For claim 8, Barbosa discloses the aircraft of claim 7, wherein the expansion tank is arranged at the second lateral side left and the associated outlets are arranged at the first lateral side right.
For claim 13, Barbosa discloses the aircraft of claim 1, wherein the tank system comprises a fuel volume expansion space positioned within the main tank any space within the tank may be an expansion space if the tank is not fully filled.
For claim 21, Barbosa discloses an aircraft with a fuselage having a floor panel, the aircraft comprising:
a fuel tank system arranged underneath the floor panel having a main tank Figs. 1-4: tank 100b; and
a cross ventilation system that vents the fuel tank system and comprises:
an expansion tank having a fuel volume expansion space separate from the main tank one of the smaller tanks 100a relative to one of the larger main tanks 100b (fuel may expand in this tank);
at least one crossing ventilation line that is routed from a first lateral side of the aircraft to an opposite second lateral side of the aircraft Fig. 4: 152 (which is part of a vent line that continues through conduit 142) is a lateral conduit routed from one side to the other.
For claim 22, Barbosa discloses the aircraft of claim 21, wherein the expansion tank is arranged at the second lateral side smaller tank located at the left side.
For claim 23, Barbosa discloses the aircraft of claim 22, wherein the at least one crossing ventilation line 152 is routed from a first ventilation point 146 provided at the first lateral side on the at least one main tank to the expansion tank on the second lateral side the vent line continues via 142 to the tank 100a.
For claim 24, Barbosa discloses an aircraft with a fuselage having a floor panel, the aircraft comprising:
a main fuel tank arranged underneath the floor panel on a first lateral side of the aircraft Figs. 1-4: tank 100b, located at least partially on right side and having a first ventilation point 146;
an expansion tank one of the smaller tanks 100a relative to one of the larger main tanks 100b (fuel may expand in this tank) arranged on the second lateral side of the aircraft on left side; and
a first crossing ventilation line that vents the main tank and is routed underneath or in the floor panel from the first ventilation point main fuel tank to the expansion tank Fig. 4: 152 (which is part of a vent line that continues through conduit 142) is a lateral conduit routed from one side to the other.
For claim 25, Barbosa discloses the aircraft of claim 24, further comprising a second cross ventilation line Fig. 3: conduit 112 that is routed underneath or in the floor panel from a second ventilation point 116 provided at the second lateral side on the main fuel tank to the expansion tank 112 connects to smaller tanks 100a (expansion tank).
For claim 26, Barbosa discloses the aircraft of claim 24, wherein the first and second crossing ventilation lines are routed in the floor panel interpreted as in the spec as “in the floor panel 4, i.e. underneath the floor panel level 4a”; therefore, they are underneath the floor level and so they are in the floor panel.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4, 9-11, 13-14, and 21-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over non-patent literature reference entitled Operator’s Manual—Army Model UH-1H/V Helicopters (“UH1 Manual NPL”) in view of the non-patent literature reference entitled “Evaluation of the UH-1D/H Helicopter Crashworthy Fuel System in a Crash Environment” (“UH1 Evaluation NPL”).
For claim 1, UH1 Manual NPL discloses an aircraft with a fuselage that accommodates a floor panel and a fuel storage system, wherein the fuel storage system comprises:
a tank system with at least one main tank that is arranged underneath the floor panel Fig. 2-10 and 6-1: the two front tanks are located under the cabin floor as labeled in Fig. 6-1;
but fails to explicitly disclose the ventilation lines that may be present.
However, the UH1 Evaluation NPL teaches a UH-1 helicopter tank system with a plurality of ventilation lines Fig. 2: vent lines 12 that vent the tank system, wherein at least one of the plurality of ventilation lines comprise a crossing ventilation line that is routed from a first lateral side of the tank system to an opposite second lateral side of the tank system from a right half of the tank system to a left half of the tank system, as can be better seen in Fig. 3,
wherein the at least one crossing ventilation line is routed underneath or in the floor panel from the first lateral side of the tank system to the second lateral side of the tank system in light of the location of these tanks in Fig. 6-1 of UH1 Manual NPL,
wherein the tank system comprises a fuel volume expansion space in an expansion tank separate from the main tank UH1 Evaluation NPL, Fig. 3: upper tank (fuel may expand in this tank).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by the UH1 Manual NPL by including the ventilation and fuel lines and tank configuration as disclosed by the UH1 Evaluation NPL. One of ordinary skill in the art would have been motivated to make this modification to provide a fuel/vent system for the fuel tanks to prevent unwanted build-up of pressure or vacuum during operation.
If applicant disagrees that the main tank is below the floor panel, additional support is provided below that further describes the fuel layout in the UH-1.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over “UH1 Manual NPL” in view of “UH1 Evaluation NPL”, further in view of the NPL titled “X-Plane Reviews” (“X-Plane NPL”), cited in the parent app 17229187.
Claim 1 is disclosed as above, further in view of X-Plane NPL. X-Plane NPL shows images on page 17 (included below) depicting the cabin floor above the main fuel tank.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by UH1 Manual NPL by locating the fuel tank under the floor panel as disclosed by X-Plane NPL. One of ordinary skill in the art would have been motivated to make this modification to efficiently use the space below the floor panel and to leave the cabin space free for use by crew, and further for weight and balance purposes to provide the desired flight dynamics.
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For claim 3, UH1 Manual NPL discloses the aircraft of claim 1, wherein the expansion tank is arranged at the second lateral side UH1 Evaluation NPL, Fig. 3: upper tank spans in both lateral directions, and is at least partially located at the second lateral side.
For claim 4, UH1 Manual NPL discloses the aircraft of claim 3, wherein the at least one crossing ventilation line is routed underneath or in the floor panel from a first ventilation point provided at the first lateral side on the at least one main tank to the expansion tank UH1 Evaluation NPL, Fig. 3: vent line extends from the right side to the upper tank.
For claim 9, UH1 Manual NPL discloses the aircraft of claim 1, wherein the expansion tank of the tank system is arranged above the level of the floor panel Fig. 6-1: rear tank is located at least partially above the cabin floor.
For claim 10, UH1 Manual NPL discloses the aircraft of claim 1, wherein the tank system comprises a gravity fuel port tank connection that allows gravity fueling of the at least one main tank, wherein the gravity fuel port tank connection is arranged above floor panel level and below the expansion tank Fig. 2-10: fuel filler location is at the side of the expansion tank therefore at least partially below the expansion tank.
For claim 11, UH1 Manual NPL discloses the aircraft of claim 10, wherein the gravity fuel port tank connection is arranged to prevent filling the entire expansion tank by gravity fueling since the filling port is on the side of the expansion tank.
For claim 13, UH1 Manual NPL discloses the aircraft of claim 1, wherein the tank system comprises a fuel volume expansion space positioned within the main tank any space within the tank may be an expansion space if the tank is not fully filled.
For claim 14, UH1 Manual NPL discloses the aircraft of claim 1, wherein the aircraft is a helicopter Fig. 2-10.
For claim 21, UH1 Manual NPL discloses an aircraft with a fuselage having a floor panel, the aircraft comprising:
a fuel tank system arranged underneath the floor panel having a main tank Figs. 1-4: tank 100b; and
a cross ventilation system that vents the fuel tank system and comprises:
an expansion tank having a fuel volume expansion space separate from the main tank one of the smaller tanks 100a relative to one of the larger main tanks 100b (fuel may expand in this tank);
at least one crossing ventilation line that is routed from a first lateral side of the aircraft to an opposite second lateral side of the aircraft Fig. 4: 152 (which is part of a vent line that continues through conduit 142) is a lateral conduit routed from one side to the other.
For claim 22, UH1 Manual NPL discloses the aircraft of claim 21, wherein the expansion tank is arranged at the second lateral side smaller tank located at the left side.
For claim 23, UH1 Manual NPL discloses the aircraft of claim 22, wherein the at least one crossing ventilation line 152 is routed from a first ventilation point 146 provided at the first lateral side on the at least one main tank to the expansion tank on the second lateral side the vent line continues via 142 to the tank 100a.
For claim 24, UH1 Manual NPL discloses an aircraft with a fuselage having a floor panel, the aircraft comprising:
a main fuel tank arranged underneath the floor panel on a first lateral side of the aircraft Figs. 1-4: tank 100b, located at least partially on right side and having a first ventilation point 146;
an expansion tank one of the smaller tanks 100a relative to one of the larger main tanks 100b (fuel may expand in this tank) arranged on the second lateral side of the aircraft on left side; and
a first crossing ventilation line that vents the main tank and is routed underneath or in the floor panel from the first ventilation point main fuel tank to the expansion tank Fig. 4: 152 (which is part of a vent line that continues through conduit 142) is a lateral conduit routed from one side to the other.
For claim 25, UH1 Manual NPL discloses the aircraft of claim 24, further comprising a second cross ventilation line Fig. 3: conduit 112 that is routed underneath or in the floor panel from a second ventilation point 116 provided at the second lateral side on the main fuel tank to the expansion tank 112 connects to smaller tanks 100a (expansion tank).
For claim 26, UH1 Manual NPL discloses the aircraft of claim 24, wherein the first and second crossing ventilation lines are routed in the floor panel interpreted as in the spec as “in the floor panel 4, i.e. underneath the floor panel level 4a”; therefore, they are underneath the floor level and so they are in the floor panel.
For claim 27, UH1 Manual NPL discloses the aircraft of claim 24, wherein the expansion tank of the tank system is arranged above the level of the floor panel in UH1 Evaluation NPL, as the main tanks are directly below the floor and the rear tank extend behind and above the main tanks, it is above the floor panel.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over non-patent literature reference entitled Operator’s Manual—Army Model UH-1H/V Helicopters (“UH1 Manual NPL”) in view of the non-patent literature reference entitled “Evaluation of the UH-1D/H Helicopter Crashworthy Fuel System in a Crash Environment” (“UH1 Evaluation NPL”), further in view of the web publication entitled “Split Flapper Fuel Valve” (“Essex NPL”).
For claim 12, both the UH1 Manual NPL and the UH1 Evaluation NPL show a fuel filler located near an upper portion of the aft fuel tank. However, both the UH1 Manual NPL and the UH1 Evaluation NPL does not discuss or show a one-way valve provided for the fuel filler.
In the same field of endeavor, the Essex NPL discloses a split flapper fuel valve for gravity fueling operations to prevent backflow of fuel. Thus, it would have been obvious to one skilled in the art to modify the gravity fuel filler of the UN1 Manual NPL and UH1 Evaluation NPL to include a split flapper fuel valve, in light of the teachings of the Essex NPL, for the predictable result of preventing backflow of fuel out of the fuel filler.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN N M ZOHOORI whose telephone number is (571)272-7996. The examiner can normally be reached Monday-Friday 8am-5pm.
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 J 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.
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/COLIN ZOHOORI/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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