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.
Claim 8 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.
Regarding claim 8: claim 8 recites “The aircraft according to claim 3,” however claim 3 is now canceled, leaving no antecedent for the limitations recited therein.
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.
(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, 4-8 and 10-16 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 10,562,607 B2 to Filsegger et al.
Regarding claim 1: Filsegger teaches an aircraft (c. 8, ℓ. 62-63 aircraft not shown; see also c. 8, ℓ. 62–c. 9, ℓ. 28, which discloses the control surface as installed in an aircraft wing) with a wing (control surface element 1), wherein the wing comprises
- a core (core element 9) made of foam (c. 9, ℓ. 40-42),
- a skin (upper and lower outer skin elements 2, 3) defining an outer surface of the wing (c. 9, ℓ. 2-5: outer skin elements; upper skin element 2 has an outer face which “may be flown around by air”),
- cloths forming spars and/or ribs (c. 4, ℓ. 1-7: the fibre composite element may be provided as a reinforcement rib and be formed by a fibre woven fabric or a fibre knitted fabric; see also c. 11, ℓ. 20-40),
wherein the core comprises splits separating the core in different parts (c. 9, ℓ. 39-49: individual core segments 10; see also c. 4, ℓ. 1-7: separate core segments of the core element),
wherein the cloths forming spars and/or ribs are arranged in the splits (c. 3, ℓ. 66–c. 4, ℓ. 7: the fibre composite element provided as reinforcement a rib is disposed between two separate core segments of the core element; see also c. 11, ℓ. 20-40: the fibre semi-finished product which forms the ribs 8 is arranged between core segments 10).
Regarding claim 4: Filsegger teaches the aircraft according to claim 1, wherein the cloths and/or the skin are made of carbon fiber-reinforced plastic (c. 9, ℓ. 29-38: ribs 8 are made of carbon fiber reinforced plastic).
Regarding claim 5: Filsegger teaches the aircraft according to claim 1, wherein the core comprises recesses (14, 15) on its outer side and wherein the wing comprises reinforcing elements arranged in the recesses (c. 10, ℓ. 23-29: “reinforcement ribs 8 can have wing elements arranged substantially perpendicular to the principal plane of the upper outer skin element 2 and extending in the longitudinal direction 2a, which wing elements are disposed at corresponding front-side recesses of the core element”; c. 12, ℓ. 46-50: the bearing device is arranged in a recess on the exterior of the lower outer skin element; see also c. 10, ℓ. 18-23, ℓ. 50-56: upper and lower flanges 12, 13 are arranged in recesses 15, 14).
Regarding claim 6: Filsegger teaches the aircraft according to claim 5, wherein the reinforcing elements are elements selected from the group consisting of: spar cap (the upper and lower flanges 12, 13, form spar caps), interface bracket, hinge ribs (c. 9, ℓ. 7-28: bearing device 5; c. 12, ℓ. 46-50: the bearing device is arranged in a recess; fig. 1: bearing device 5 comprises hinge ribs).
Regarding claim 7: Filsegger teaches the aircraft according to claim 5, wherein the reinforcing elements are made of a material from the group consisting of: aluminium, titanium, plastic (c. 9, ℓ. 49-55: reinforcing elements in the region of the bearing device are made of carbon fibre reinforced plastic; c. 9, ℓ. 35-38, c. 10, ℓ. 5-11: the upper and lower flanges 12, 13 may be made of carbon fibre reinforced plastic), forged carbon.
Regarding claim 8: Filsegger teaches reinforcing elements wrapped by cloths (c. 7, ℓ. 16-35, c. 11, ℓ. 20-40: the core elements are wrapped by the fibre semi-finished products of the reinforcement ribs and upper and lower skins, which fibre semi-finished products may be fibre woven fabrics or fibre knitted fabrics, c. 4, ℓ. 1-7).
Regarding claim 10: Filsegger teaches a method for manufacturing an aircraft according to claim 1, comprising the following steps for manufacturing the wing:
- the lower skin defining the outer surface of the wing is laid in a mould (fig. 9, c. 11, ℓ. 25-32: “the fractions of the fibre semi-finished product 22 for the lower outer skin element” are placed in the mould 23 during the process);
-the core is placed in the mould to support the skins (c. 11, ℓ. 29-32: “core segments 10 are positioned between the fractions of the fibre semi-finished product 22 for the lower outer skin element 3 and the fractions of the fibre semi-finished product 22 for the reinforcement ribs 8”);
- the upper skin defining the outer surface of the wing is laid in the mould (c. 11, ℓ. 26-29: “The fractions of the fibre semi-finished product 22 for the upper outer skin element 2 are placed on a carrier mould 23”);
- closing the mould (c. 11, ℓ. 41-55: “the fibre semi-finished product 22 of the control surface element 1 is encased by a film structure or woven fabric structure on the carrier mould 3. On the outer side an airtight film 26 is provided (also designated as vacuum bag) which is applied to the carrier mould 23 via a sealing device 27”) and curing the profile (c. 12, ℓ. 7-10: “the membrane filter closes … The control surface element 1 is then cured”).
Regarding claim 11: Filsegger teaches the method according to claim 10, further comprising the following step:
- the cloths are wrapped around the core or parts of the core (see fig. 9: the core is enclosed in uncured fibre composite material in the form of fibre semi-finished products, see c. 11, ℓ. 20-40, c. 7, ℓ. 16-35, which fibre semi-finished products may be fibre woven fabrics or fibre knitted fabrics, c. 4, ℓ. 1-7).
Regarding claim 12: Filsegger teaches the method according to claim 10, furthering comprising the following step:
- arranging the cloths in splits of the core before closing the mould (c. 11, ℓ. 20-40: the fibre semi-finished products for the ribs 8 are arranged between core segments before closing the mould).
Regarding claim 13: Filsegger teaches the method according to claim 10, comprising the following steps:
- wrapping the reinforcing elements with the cloths before closing the mould (c. 11, ℓ. 20–c. 12, ℓ. 10: closing the mould and curing are the final steps of the process).
Regarding claim 14: Filsegger teaches the method according to claim 10, comprising the following steps:
- the core is oversized before placing the core in the mould (c. 11, ℓ. 4-13: core element 9 is produced by milling a block of foam material; before milling the foam core is oversized relative to after milling).
Regarding claim 15: Filsegger teaches the method according to claim 10, wherein structural inserts (9a, 9b) made from carbon, plastic or metal are located within the mould (c. 9, ℓ. 49-54: wedge element 9a made of glass fiber reinforced plastic and tube elements 9b made of carbon fiber reinforced plastic).
Regarding claim 16: Filsegger teaches an aircraft (c. 8, ℓ. 62-63 aircraft not shown; see also c. 8, ℓ. 62–c. 9, ℓ. 28, which discloses the control surface as installed in an aircraft wing) with an aerodynamic profile (control surface element 1), wherein the aerodynamic profile comprises:
- a core (core element 9) made of foam (c. 9, ℓ. 40-42),
- a skin (upper and lower outer skin elements 2, 3) defining an outer surface of the aero-dynamic profile (c. 9, ℓ. 2-5: outer skin elements; upper skin element 2 has an outer face which “may be flown around by air”),
- cloths forming spars and ribs (cloths — c. 4, ℓ. 1-7: the fibre composite element may be provided as a reinforcement rib and be formed by a fibre woven fabric or a fibre knitted fabric; ribs — c. 3, ℓ. 66–c. 4, ℓ. 3: a fibre composite element is provided as a reinforcement rib, see also c. 11, ℓ. 20-40: the reinforcement ribs are formed by fibre semi-finished products; spars — c. 10, ℓ. 23-29: “Furthermore the reinforcement ribs 8 can have wing elements arranged substantially perpendicular to the principal plane of the upper outer skin element 2 and extending in the longitudinal direction 2a, which wing elements are disposed at corresponding front-side recesses of the core element (not shown)”),
wherein the profile is a profile selected from the group consisting of: a wing, a canard, a horizontal stabiliser, a vertical stabiliser, an aileron, a flaperon, a wingtip winglet, an elevator, an elevon, a rudder or a flap (c. 8, ℓ. 62-67: control surface element 1 may be a rudder or landing flap; though not directly disclosed as the control surface element 1, an elevator is disclosed in c. 1, ℓ. 46-55 and an aileron is disclosed in c. 2, ℓ. 9-13),
wherein the core comprises splits separating the core in different parts (c. 9, ℓ. 39-49: individual core segments 10; see also c. 4, ℓ. 1-7: separate core segments of the core element) and wherein the cloths forming spars and ribs are arranged in the splits (c. 3, ℓ. 66–c. 4, ℓ. 7: the fibre composite element provided as reinforcement a rib is disposed between two separate core segments of the core element; see also c. 11, ℓ. 20-40: the fibre semi-finished product which forms the ribs 8 is arranged between core segments 10).
Response to Arguments
Applicant’s arguments, see pages 7-9, filed September 11, 2025, with respect to the rejection in view of Simpson have been fully considered and are persuasive. The rejection of claims 1, 4-8 and 10-15 as anticipated by US 2003/0192990 to Simpson et al. has been withdrawn.
Applicant's arguments filed September 11, 2025, with respect to US 10,562,607 to Filsegger et al. have been fully considered but they are not persuasive.
Applicant has argued (Remarks, page 8) that Filsegger discloses only control elements having a foam core but does not does not disclose an aircraft with a wing having a foam core.
The foam core element in Filsegger is part of the final structure, contrasted with honeycomb cores of the prior art, see col. 1, lines 27-45. The material selection for the core element is made in part “[i]n order to keep the weight of the control surface element as low as possible”, see col. 6, line 65–col. 7, line 6.
Further, Filsegger describes the control surface as installed in an aircraft wing in col. 8, line 62–col. 9, line 28, with statements including, “the installed state in an aircraft wing”, “[t]he lower outer skin element 3 in the inactive state of the spoiler is disposed inside the aircraft wing”, which is a disclosure of the installed state of the element in the aircraft wing.
Applicant has argued (Remarks, page 8) that Filsegger does not disclose both ribs and spars. However, Filsegger states in col. 10, lines 23-29, that “the reinforcement ribs 8 can have wing elements arranged substantially perpendicular to the principal plane of the upper outer skin element 2 and extending in the longitudinal direction 2a, which wing elements are disposed at corresponding front-side recesses of the core element (not shown).”
Applicant has argued (Remarks, page 9) that the ribs in Filsegger are pre-manufactured carbon fiber elements and not cloths arranged in splits to form structural members, citing col. 2, lines 30-40. There may be a mistake in this citation as lines 30-38 relate to other references of the prior art. In col. 9, around lines 30-40, Filsegger does state that “[i]n the embodiment of FIG. 1, individual fibre composite elements made of carbon fibre reinforced plastic are provided as reinforcement ribs 8”, but Filsegger often states that a semi-finished product may be used for the rib, for example as, “the reinforcement rib (or a semi-finished product to form the reinforcement rib)” in both col. 2, lines 48-52 and col. 3, lines 20-34.
Filsegger discloses processes in which the reinforcement ribs do not have to be provided as pre-manufacture elements, for example in col. 7, lines 16-35 (emphasis added):
In order to produce the control surface element, preferably a fibre semi-finished product is disposed in the dry state on the core element in order to form the upper outer skin element, the lower outer skin element and the at least one reinforcement rib and is then impregnated with a plastic in the liquid state. In this embodiment, the upper outer skin element, the lower outer skin element and the at least one reinforcement rib are therefore produced in the same process step (“in one shot”). This means that the upper and lower outer skin element together with the reinforcement rib are joined together in the non-cured state of the plastic. It is therefore not necessary, as is usual in many cases in the prior art, to produce the upper outer skin element and the lower outer skin element in separate process steps by curing prepregs in an autoclave and then adhesively bonding, bolting or riveting them together in the cured state. It is not necessary to use an autoclave in the present embodiment. The curing of the impregnated fibre semi-finished product can take place in an oven with temperature supply or in vacuum.
and the process in which the reinforcement ribs are provided in the form of fibre semi-finished products and arranged between segments of the core in col. 11, lines 25-40:
In this process a fibre semi-finished product 22 is disposed on the core element 9 in the dry state. The fractions of the fibre semi-finished product 22 for the upper outer skin element 2 are placed on a carrier mould 23 (shown only schematically). The core segments 10 are positioned between the fractions of the fibre semi-finished product 22 for the lower outer skin element 3 and the fractions of the fibre semi-finished product 22 for the reinforcement ribs 8. As a result, the fractions of the fibre semi-finished product 22 for the reinforcement ribs 8 are reliably held by the core segments 10 of the core element 9 during the infusion process. The reinforcement ribs 8 having a C-shaped cross-section can be pre-moulded by means of a moulding tool 24 (cf. FIG. 14). However, it is also possible to shape the fractions of the fibre semi-finished product 22 for the reinforcement ribs 8 only on the carrier mould 23.
or in col. 3, line 66–col. 4, line 7, where Filsegger states that “a fibre composite element, in particular made of carbon-fibre-reinforced plastic is provided as reinforcement rib,” but goes on to say that “[t]he fibre composite element is formed by a fibre semi-finished product, in particular a fibre scrim, a fibre woven fabric, a fibre mesh, a fibre knitted fabric, a fibre mat which is impregnated or infiltrated with a cured plastic, for example, epoxy resin.”
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Richard Green whose telephone number is (571)270-5380. The examiner can normally be reached Monday to Friday, 11:00 to 7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Richard Green/Primary Examiner, Art Unit 3647
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