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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference # 100, 105, 110, 120, 301, 825, 925, 1105’, & 1115 are not in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the actuation system (claim 1); converging channel, mixing section, throat section, diffuser (claim 3); electric motor/mechanical device (claim 4); primary and secondary nozzles (claim 8); mechanical device & turboshaft (claim 9) are not in the figures and must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract in the Instant Application is less than the 50 word minimum. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 3-5 are 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 3 recites “a compressed air stream in a preferred single direction” in claim 3, line 13. This makes it unclear if a single direction is part of the claim or not. For compact prosecution, the Examiner is interpreting “a compressed air stream in a preferred single direction” in claim 3, line 13, as -- a compressed air stream in a single direction --.
Allowable Subject Matter
Claims 1-5 & 8-9 are allowed. However, 112 issues and objections need to be resolved.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1,
The prior art does not disclose or suggest the claimed “the side walls configured to be collapsed and stowed withing the wing interior when the ejector is in an inactive mode and expanded when the ejector is in an active mode; at least one actuating system configured to position the ejector on the wing exterior and stretch the side walls both vertically and horizontally such that the air inlet is open to receive ambient air” in combination with the remaining claim elements as set forth in claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The reference Capuani (US Patent No. 4,969,614) discloses an aircraft, a propulsion system, an ejector, an air inlet, side walls, a stowed and deployed mode, and an actuation system.
The reference Heath et al. (Pub No. US 2006/0192046 A1) discloses an aircraft, a propulsion system, an ejector, an air inlet, side walls, a valve, and an actuation system.
The references Evulet (Pub No. US 2024/0308649 A1), Evulet (Pub No. US 2025/0368322 A1), Evulet (Pub No. US 2024/0278906 A1), & Evulet (Pub No. US 2022/0371723 A1) each have the same Assignee and same Inventor and similar figures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY ANDREW BONNETTE whose telephone number is (571)270-7556. The examiner can normally be reached M-Th 6:30 am - 5:00 pm.
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/RODNEY A BONNETTE/Primary Examiner, Art Unit 3647