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
Claims 3 and 6 are objected to because of the following informalities:
Applicant recites “freighter aircraft is a either a 72-212A” in claim 3. It appears as if this should be corrected to recite “freighter aircraft is either a 72-212A”.
Applicant recites “wherein repositioning the intermediate section the comprises” in claim 6. It appears as if this should be corrected to recite “where the repositioning the intermediate section comprises”, or similar language, in order to provide proper antecedent basis.
Appropriate correction is required.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chua et al. (US 2019/0389598).
Regarding to claim 1, Chua et al. discloses a method of manufacturing an aircraft that is certifiable for freighter transport [as described in paragraph 0074in Chua et al.], the method comprising: a first fuselage (fuselage 112 of aircraft 102, as described in paragraph 0040 and 0049 and can be seen from Figure 1b-1c in Chua et al.) comprising a plurality of modular exterior sections (104-1-104-12, as described in paragraph 0037 and 0049 can be seen from Figure 1E in Chua et al. Note that the modular sections have an exterior and therefore interpreted as being “exterior sections”), wherein the plurality of modular exterior sections comprises a first section (a first left end section of 104-1-104-12, Figure 1e), a second section (a second right end section of 104-1-104-12, Figure 1e), and an intermediate section (a middle section between first and second sections of 104-1-104-12, Figure 1e), wherein the intermediate section is disposed intermediate the first section and the second section [Figure 1e]; installing a support (module carrier 160, as described in paragraph 0045 and can be seen from Figure 1d in Chua et al.) under the section of the plurality of modular sections [Figure 1d].
However, Chua et al. does not explicitly disclose a step of leveling the first fuselage and wherein leveling the first fuselage offsets loads imposed on the first section, the second section, and the intermediate section. However, it would have been obvious to one of ordinary skill in the art to modify the method of Chua et al. to include a step of leveling, which would offset loads, as a known technique used in manufacturing and construction to obtain a leveled surface, which would yield predictable results.
However, Chua et al. discloses a step of installing a support under a section. However, Chua et al. does not explicitly disclose the section being the intermediate section. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the section in Chua et al. to include the intermediate section, as a simple substitution of one known element for another, which would obtain predictable results.
Chua et al. discloses each module, including the intermediate section, having structural components and systems, such as components and systems for being secured or locked at one or more locations via fasteners, hooks, straps, magnetic forces, gearing mechanism etc. [as described in paragraph 0051 Chua et al.] Choe et al. also disclose the modules could be swapped, returned, or replaced [as described in paragraph 0059 of Chua et al.]. However, Chua et al. does not explicitly disclose a step of decoupling a plurality of systems and structural components of the intermediate section from a plurality of corresponding systems of the first section and a plurality of corresponding systems of the second section; repositioning the intermediate section such that the intermediate section is no longer disposed intermediate the first section and the second section, positioning a replacement section of a second fuselage such that the replacement section is disposed intermediate the first section and the second section, coupling a plurality of systems and structural components of the replacement section to the plurality of corresponding structural components of the first section and the plurality of corresponding structural components of the second section, and leveling the replacement section, the first section, and the second section such that loads are imposed on the first section, the second section, and the replacement section. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Chua et al. to include a step of decoupling a plurality of systems and structural components, repositioning (removing) the intermediate section, positioning a replacement section of a second fuselage, recoupling the plurality of systems and structural components, and leveling the replacement section, as recited, as a known technique used to swap/replace a part, such as replacing the intermediate section, which would yield predictable results.
Chua et al. discloses a module (104) where passengers can board module (104) at a passenger-boarding facility before the module is transported to the location of aircraft (102) for loading. Once passengers finished boarding module (104) the module can be directly transported to the aircraft (102) location at the airport. However, Chua et al. does not explicitly disclose the plurality of modular exterior section comprising an exterior passenger door and the replacement section being an exterior replacement section of a second fuselage comprising an exterior cargo door. However, it would have been obvious to one of ordinary skill in the art to modify Chua et al. to include a modular exterior section comprising an exterior passenger door and a replacement section comprising an exterior replacement section of a second fuselage comprising an exterior cargo door, as a known technique used to enclose the module during transport and protect passengers from injury while being transported into the aircraft.
Regarding to claim 2, Chua et al. discloses the method of claim 1, having a first fuselage that can be a passenger or freight aircraft [as described in paragraph 0038 of Chua et al.]. However, Chua et al. does not explicitly disclose the first fuselage is that of a passenger aircraft and the second fuselage is that of a freighter aircraft. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first fuselage to be a passenger aircraft and the second fuselage to be a freighter aircraft, as a simple substitution of one known aircraft type for another, which would yield predictable results.
7. Regarding to claim 3, Chua et al. discloses the method of claim 2, having a passenger aircraft and freighter aircraft. However, Chua et al. does not explicitly disclose the passenger aircraft is a 72-500, and the freighter aircraft is either a 72-212A and/or 72-600. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify passenger aircraft to be a 72-500 and the freighter aircraft to be either a 72-212A or 72-600, as a simple substitution of one known aircraft type for another, which would yield predictable results.
8. Regarding to claim 4, Chua et al. discloses the method of claim 1, having an intermediate section, first section, and second section. However, Chua et al. does not explicitly disclose the intermediate section, first section, and second section comprising a first mechanical tolerance and a replacement section comprises a second mechanical tolerance, and wherein the first mechanical tolerance is higher than the second mechanical tolerance. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a second tolerance of a replacement section being less than a first tolerance, to improve precision and fitting of parts, which would yield predictable results.
9. Regarding to claim 5, Chua et al. discloses the method of claim 1, having a first fuselage and an exterior replacement section. However, Chua et al. does not explicitly disclose a step of obtaining a certification from a governmental authority, wherein the certification confirms that the replacement section is acceptable for use with the first fuselage. However, it would have been obvious to one of ordinary skill in the art to modify the method of Chua et al. to include a step of obtaining a certification, as a known technique used in manufacturing, which would yield predictable results.
10. Regarding to claim 6, Chua et al. discloses the method of claim 1, wherein the support (160) comprises at least one castor (Figure 1d) configured to transport the intermediate section from a first location to a second location [as can be seen from Figure 1d in Chua et al.]; and wherein the repositioning the intermediate section comprises rolling the support away from the first section and the second section [as can be seen from Figure 1d in Chua et al.].
11. Regarding to claim 7, Chua et al. discloses the method of claim 1, wherein the plurality of systems of the intermediate section comprise at least a hydraulic system, an environmental control system, and an electrical system, or combinations thereof [as described in paragraph 0053 of Chua et al.].
Regarding to claim 8, Chua et al. discloses the method of claim 1, wherein the plurality of structural components of the intermediate section comprise at least a sheet metal overlay, a skin doubler, and a stringer strap, or combinations thereof [straps, as described in paragraph 0051 in Chua et al.].
Response to Arguments
Applicant's arguments filed 12/9/25 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues examiner agreed that the foregoing amendments to the claims overcome the outstanding rejection. Examiner notes, no agreement was reached in the interview on 11/25/25.
Applicant argues the prior art does not disclose leveling because the prior art of Chua fails to teach the wholesale modification of an aircraft’s exterior fuselage. However, the modular sections have an exterior and therefore interpreted as being “exterior sections”, as rejected above in the new grounds of rejection.
Applicant has amended the claims to further define having exterior sections, an exterior passenger door and an exterior cargo door. However, applicant’s arguments regarding the newly added features are considered moot in view of the new grounds of rejection above.
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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/NIRVANA DEONAUTH/Primary Examiner, Art Unit 3726