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 .
Election/Restrictions
Applicant’s election of Species IV drawn to Figures 13-18 and claims 1, 2, 4, 6, 9-20 and 23 in the reply filed on 12/15/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 3, 8, 17, 18 and 22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/15/25.
Claim 17 is withdrawn as being directed to Species V drawn to Figures 19-24 where the one or more stop members comprise first and second flanges.
Claim 18 is withdrawn as being directed to Species I drawn to Figures 5-6 where the one or more stop members comprise first and second protrusions/recesses.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 135, line 1 – replace “sleeve 125” with --sleeve 126--.
Paragraph 142, line 2 – replace “outer ridges 150” with --outer ridges 151--.
Paragraph 143, line 3 – replace “prolife” with --profile--.
Paragraph 148, line 3 – replace “fasteners 119a” with --fasteners 119--.
Correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 14, 15, 19 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitsubishi Japanese Patent Application No. JPH09229278A.
With regard to claim 1, and as shown in Fig 4, Mitsubishi discloses an aircraft assembly comprising:
an aircraft structure (at 18, note that aircraft structure is interpreted as being any structure capable of being configured to be utilized in an aircraft); and
a pipe assembly (at 013, 01) rotatably coupled to the aircraft structure by a fixture arrangement (at 019, 21 as shown in Fig 5), the pipe assembly extending along a longitudinal direction (longitudinal direction thru 18), the fixture arrangement configured to restrict movement of at least a portion of the pipe assembly in the longitudinal direction relative to the aircraft structure (where 21 restricts movement of the pipe assembly in the longitudinal direction) and allow rotation of the pipe assembly relative to the aircraft structure (where 01, 013 can rotate relative to the aircraft structure before being bolted),
wherein the pipe assembly comprises an outer pipe section (at 013) and an inner pipe section (at 01), and the inner pipe section is enveloped by the outer pipe section (as shown in Fig 4).
With regard to claim 2, and as shown in Fig 4, Mitsubishi discloses wherein the fixture arrangement (at 19) is configured to allow rotation of the pipe assembly (where 01, 013 can rotate relative to the aircraft structure before being bolted), relative to the aircraft structure, about a longitudinal axis extending in the longitudinal direction (longitudinal direction thru 18).
With regard to claim 14, and as shown in Fig 5, Mitsubishi discloses wherein the pipe assembly comprises one or more stop members (at 21, 22, 23) configured to engage with the fixture arrangement (at 19) to restrict movement of at least a portion of the pipe assembly in the longitudinal direction relative to the aircraft structure.
With regard to claim 15, and as shown in Fig 5, Mitsubishi discloses wherein each stop member (at 21, 22, 23) is fixed to the outer pipe section (at 013).
With regard to claim 19, and as shown in Fig 4, Mitsubishi discloses wherein the aircraft structure (at 18) is a rib with an aperture in the rib; and the pipe assembly extends through the aperture (as shown in Fig 4).
With regard to claim 23, Mitsubishi discloses an aircraft wing comprising the aircraft assembly of claim 1 (paragraph 1, lines 13-15 and paragraph 2, lines 19-21 of the Applicant supplied English translation).
Claim(s) 1, 2, 4, 6, 9, 10, 12, 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wade et al U.S. Patent No. 1,797,382.
With regard to claim 1, and as shown in Figure 1, Wade et al disclose an aircraft assembly comprising:
an aircraft structure (at 16, note that aircraft structure is interpreted as being any structure capable of being configured to be utilized in an aircraft); and
a pipe assembly (at 6, 9) rotatably coupled to the aircraft structure by a fixture arrangement (at 2), the pipe assembly extending along a longitudinal direction (longitudinal direction thru 2), the fixture arrangement configured to restrict movement of at least a portion of the pipe assembly in the longitudinal direction (at 12, 11) relative to the aircraft structure and allow rotation of the pipe assembly relative to the aircraft structure (at 14),
wherein the pipe assembly comprises an outer pipe section (at 6) and an inner pipe section (at 9), and the inner pipe section is enveloped by the outer pipe section (as shown in Fig 1).
With regard to claim 2, Wade et al disclose wherein the fixture arrangement (at 2) is configured to allow rotation of the pipe assembly (via 14), relative to the aircraft structure (at 16), about a longitudinal axis extending in the longitudinal direction (longitudinal axis through 2).
With regard to claim 4, and as shown in Fig 4, Wade et al disclose further comprising curved bearing surfaces (bearing surface of 12 and bearing surfaces of 19, 20 which form a bearing surface together) forming a bearing therebetween so as to allow the rotation of the pipe assembly relative to the aircraft structure (as shown in Fig 4).
With regard to claim 6, and as shown in Fig 4, Wade et al disclose wherein the pipe assembly comprises a sleeve (at 12) mounted to the outer pipe section, wherein the sleeve provides one of the bearing surfaces.
With regard to claim 9, and as shown in Fig 4, Wade et al disclose wherein the bearing surfaces are shaped to restrict rotation of the pipe assembly relative to the aircraft structure about two axes perpendicular to the longitudinal direction (where the bearing surfaces at 12 and at 19, 20 only allow rotation about the longitudinal direction).
With regard to claim 10, Wade et al disclose wherein the bearing surfaces (bearing surface of 12 and bearing surfaces of 19, 20 which form a bearing surface together) are shaped to provide stop features which restrict movement of at least a portion of the pipe assembly in the longitudinal direction relative to the aircraft structure (where the bearing surfaces are shaped such that the bearing surfaces are capable of being configured to provide stop features.
With regard to claim 12, and as shown in Fig 4, Wade et al disclose wherein the bearing surfaces (at 12 and at 19, 20) each have a generally cylindrical shape which allows rotation of the pipe assembly relative to the aircraft structure about a longitudinal axis extending in the longitudinal direction, and which restricts rotation of the pipe assembly relative to the aircraft structure about two perpendicular axes, wherein the two perpendicular axes are perpendicular to each other and perpendicular to the longitudinal axis (where the bearing surfaces at 12 and at 19, 20 only allow rotation about the longitudinal direction).
With regard to claim 19, Wade et al disclose wherein the aircraft structure is a rib (at 16) with an aperture in the rib; and the pipe assembly extends through the aperture (as shown in Fig 1).
With regard to claim 20, Wade et al disclose wherein each pipe section (at 6, 9) extends through the aperture (as shown in Fig 1), and the fixture arrangement (at 2) is configured to restrict movement of the pipe sections in the longitudinal direction relative to the rib (via 12) and allow rotation of the pipe sections relative to the rib (via 14).
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitsubishi.
With regard to claim 13, Mitsubishi discloses that fuel flows through the piping assembly but does not expressly disclose that the fuel is hydrogen fuel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the fuel that flows through the piping assembly be hydrogen fuel with a reasonable expectation of success as hydrogen is a known fuel used in aircraft structures and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wade et al.
With regard to claim 13, Wade et al disclose the claimed inventio but do not disclose that the pipe assembly is configured to convey hydrogen fuel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pipe assembly be configured to convey hydrogen fuel with a reasonable expectation of success as fluid flows through the pipe assembly and because it has been held to be within the general skill of a worker in the art to select a known element for use on the basis of its suitability for the intended use as a matter of obvious design choice.
Allowable Subject Matter
Claims 11 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon are examples of the general mechanical state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FANNIE KEE whose telephone number is (571)272-1820. The examiner can normally be reached 8am-5pm.
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/F.K./Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
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