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 § 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 4-6 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 4 recites “at least one second section” in line 2, which is indefinite as their no established first section. For Examining purposes the limitation will be interpreted under its merits.
Claims 5 and 6 are rejected to on the basis of their dependency on claim 4.
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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zeilon (Swedish Patent Publication SE445853B).
Regarding claim 1, Zeilon discloses a hot air duct (figs 2a and 2b), the hot air duct comprising:
a body (3, 4, 7);
an inlet (see annotated fig 2b below) in the body and configured to receive hot air (page 1, lines 32-33), wherein the body is made of a flexible material (at least element 4) and is configured to be inflated when hot air is received through the inlet (as evident by figs 2a and 2b).
The limitation of the hot air being for an aircraft is considered an intended use limitation. A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here.
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Regarding claim 2, Zeilon further discloses a bottom (3, 7) having at least one first section (3).
The limitation of being configured to huddle against an aircraft skin in a bilge area of the aircraft is considered an intended use limitation. A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here.
Regarding claim 3, the limitation of wherein, the at least one first section is formed corresponding to or has a size fitting between structural elements arranged on the aircraft skin is considered a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 4, Zeilon further discloses a bottom (3, 7) having at least one second section (7) with a plurality of holes (6) configured to create air jets by releasing the hot air from the body.
Regarding claim 5, the limitation of wherein the body corresponding to the at least one second section is formed or sized, so that the at least one second section is spaced apart from an aircraft skin is considered a product-by-process limitation. In product-by-process claims, “once a product appearing to be substantially identical is found and a 35 U.S.C. 102/103 rejection [is] made, the burden shifts to the applicant to show an unobvious difference.” MPEP 2113. This rejection under 35 U.S.C. 102/103 is proper because the “patentability of a product does not depend on its method of production.” In re Thorpe, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 6, Zeilon further discloses wherein the plurality of holes (6) are configured to release the hot air from the body with a volume flow equal than a volume flow of the hot air entering the body at the inlet (see annotated fig 2b below).
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Regarding claim 7, Zeilon further discloses at least one strut (31) arranged in the body (3, 4, 7) and connecting a bottom (7) and a ceiling (3) of the body in a substantially vertical direction.
Regarding claim 8, Zeilon further discloses wherein the at least one strut (31) is made of a non-elastic material (page 1, lines 49-54).
Claim(s) 1 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (U.S. Patent No. 3,567,134).
Regarding claim 1, Smith discloses a duct (figs 1-6), the hot air duct comprising:
a body (figs 1-3);
an inlet (21) in the body, wherein the body is made of a flexible material and is configured to be inflated when a fluid is received through the inlet (col 2, lines 26-64).
The limitation of the duct being for hot air for an aircraft is considered an intended use limitation. A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims, as is the case here.
Regarding claim 9, Smith further discloses a horizontal separation (see annotated fig 1 below) arranged between opposite lateral sides (18, 19) of the body and configured to separate an interior volume of the body into two longitudinally extending chambers (15, 17).
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Regarding claim 10, Smith further discloses wherein the horizontal separation has a width larger than a distance between the opposite lateral sides of the body (see annotated fig 1 above).
Regarding claim 11, Smith further discloses an outlet (12) arranged at a downstream end of the body (downstream the inlet), wherein the horizontal separation (see annotated fig 1 above) is connected to the downstream end of the body along a line (see annotated fig 4 below) running underneath the outlet, wherein the inlet has a lower inlet (below 13’) and an upper inlet (above 13’), and wherein the horizontal separation is connected to an upstream end (closer to the inlet) of the body along a line (see annotated fig 4 below) running between the lower inlet and the upper inlet.
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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.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith as applied to claim 1 above, and further in view of Mores et al. (U.S. Patent Publication No. 2016/0031562, “Mores”).
Regarding claim 12, Smith discloses all previous claim limitations. However, Smith does not explicitly disclose an aircraft section, comprising: an aircraft skin; a cargo floor forming a bilge area between the aircraft skin and the cargo floor; and the hot air duct of claim 1 in the bilge area. Mores, however, discloses an aircraft section (see fig 3), comprising: an aircraft skin (18); a cargo floor (11) forming a bilge area between the aircraft skin and the cargo floor; and a hot air duct (20) in the bilge area (fig 3). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for Smith to provide the duct of claim 1 in the aircraft of Mores in order to circulate hot air in the aircraft more effectively.
Regarding claim 13, the combination of Smith and Mores discloses all previous claim limitations. Smith, as modified, further discloses a heat generating equipment (¶0080, Mores); and a waste heat removal device (as there would have to be a heat exchanger to extract the heat) configured to remove hot air from the heat generating equipment and fluidly connected with the inlet of the hot air duct.
Regarding claim 14, the combination of Smith and Mores discloses all previous claim limitations. Smith, as modified, further discloses an aircraft, comprising: the aircraft section of claim 12 (see rejection of claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HARRY E ARANT whose telephone number is (571)272-1105. The examiner can normally be reached Monday-Friday 10-6 ET.
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/HARRY E ARANT/Primary Examiner, Art Unit 3763
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