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 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.
Claims 1−13 are rejected under 35 U.S.C. 112(a) as failing to comply with the enablement requirement. The claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Wands Factors Analysis
Breadth of the claims [MPEP § 2164.08]—The claims recite an actuator capable of movement between two positions. This movement is triggered by or causally dependent upon the rotational speed of a rotor of the air vehicle, where this rotor allows the air vehicle body to move. A sensor on the body obtains the rotational speed of this rotor, and a control unit can trigger actuator movement based upon sensed rotor speed. Additionally, a pulley is driven by a belt connected to the rotor. The actuator is claimed as being located on the pulley and is moved by the centrifugal force of the pulley. Movement of the actuator forces fluid from a first chamber into a second chamber through a conveying line in a manner that is understood by those of ordinary skill in the art. The accumulation of fluid in the second chamber deploys the wire cutter in a manner that is understood by those of ordinary skill in the art.
Nature of the invention [§ 2164.05(a)]—The invention is mechanical in nature, and utilizes control based on a single variable (rotor speed). The system is controlled either using a control unit receiving signals from a sensor, or is controlled by motive means that convert centrifualo force of the pulley into movement of the actuator only under certain circumstances. The invention also utilizes
State of the prior art [§ 2164.05(a)]—The prior art for aeronautics is well developed. Pneumatic/hydraulic actuation, mechanisms for transmitting force, and simple controls incorporating sensors are well known.
Level of one of ordinary skill [§ 2164.05(b)]—A person of ordinary skill is competent in engineering, has an understanding of common aircraft structures as well as an understanding of control systems and more general engineering concepts.
Level of predictability in the art [§ 2164.03]—The art is considered predictable. The underlying physical concepts are well understood, to the extent that a person of ordinary skill can determine whether a given theoretical design will work as intended when reduced to practice.
Amount of direction provided by the inventor [§ 2164.03]—
The inventor states on pages 6−7 that: “the actuator (5)…is located on the pulley (8) and moves into the first chamber (10) with the centrifugal force created by the rotational movement of the pulley (8)… Thanks to the belt (9) and pulley (8) system provided on the body (2) and triggered by the rotor (3), the rotational speed of the rotor (3) is transmitted mechanically to the actuator (5), and thus the wire cutter (4) can be activated without using electronic systems (Figure 3).”
Applicant discloses on page 6: “a control unit (7) which compares the data received from the sensor (6) with the rotational speed of the rotor (3) determined by the manufacturer, and which, according to the rotational speed of the rotor (3) determined by the manufacturer, triggers the actuator (5) to move the wire cutter (4).”
Applicant discloses on page 8 that the actuator “is an electric motor.”
Existence of working examples [§ 2164.02]—There are no working examples provided. There are no figures which show the particulars of the actuator.
Quantity of experimentation needed to make or use the invention based on the content of the disclosure [§ 2164.06]—
Applicant has essentially disclosed that the actuator includes a mechanically-actuated component that converts rotational motion of pulley 8 (about vertical axis in fig. 3) into translation of at least a part of the actuator “into the first chamber” along that same vertical direction, as well as a mechanism that restricts or otherwise controls the translating part of the actuator such that actuation into the first chamber only occurs above a predetermined pulley rotational speed, and the complimentary retraction out of the first chamber only occurs below this rotational speed. This mechanical actuation is disclosed as occurring “without using electronic systems.”
Additionally, the actuator includes a separate component that is an electric motor which is understood as being controlled using electronic systems by a sensor and control unit, with the electric motor allowing additionally for actuation initiated by user input.
Various mechanisms for controlling a mechanical output based on a rotational speed at the input are known to one of ordinary skill in the art, including various forms of clutches and mechanical speed governors.
Additionally, mechanisms such as pistons are known for compressing fluid in a chamber by translation into that chamber.
However, there are no devices known to those of ordinary skill in the art which accomplish this functionality. Thus, the amount of experimentation necessary would be the amount of experimentation needed for a skilled artisan to predictably construct a working actuator based on these broad functional requirements. There does not appear to be any obvious combination of known devices to arrive at such an actuator. In other words, the amount of experimentation necessary would be the amount required to discover a novel and non-obvious device in its own right.
Thus, in light of the Wands factors analysis, it has been determined that the claims contain subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Allowable Subject Matter
Claims 1−13 appear to overcome the prior art, however it is not possible to make a determination of allowability without first resolving the aforementioned 112(a) rejection.
The nearest prior art is considered to be: US Patent No. 5,927,648 to Woodland; US Patent No. 2,984,834 to Howard, Jr. et al. (“Howard”); US Patent No. 8,902,112 to Dutruc; US Patent No. 9,694,904 to Hirons. Howard and Woodland teach helicopters having antennas which are retracted into and deployed out of the helicopter body. Dutruc and Hirons teach wire cutters attached to antennas to prevent the antennas from getting caught on overhead cables. It is considered obvious to configure deployable antennas such as taught by Woodland or Howard with antenna wire cutters of Dutruc and Hirons. However, in the resultant combination, there is no clear motivation to control the deployment or retraction of the antenna/cutter based on rotor speed being above a threshold.
Conclusion
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/M.B.K./ Examiner, Art Unit 3642
/JOSHUA J MICHENER/ Supervisory Patent Examiner, Art Unit 3642