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 without traverse of Species 4 and Sub-species A in the reply filed on 12/2/2025 is acknowledged. Applicant’s response alleges that claims 1, 3, 4, and 6 are readable on the elected species. However, the limitations of claim 4 are shown only in the embodiment of Figure 4, which is part of Species 1, and claim 6 is dependent on claim 5, which does not read on the elected species. Claims 4 and 6 are therefore also withdrawn.
Claims 2 and 4-6 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/2/2025.
Notice to Applicant
Claims 1 and 3 have been examined in this application. This communication is the first action on the merits of these claims.
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.
Claims 1 and 3 are rejected under 35 USC 102(a)(1) and 102(a)(2) as being anticipated by US Patent Application Number 2016/0272314 by Radu.
Regarding claim 1, Radu discloses a flying car capable of vertical takeoff and landing on ground/water (paragraph 68 discloses “The present invention is embodied in a flying car/flying drone vehicle that operates in the manner of a Vertical Take-off and Landing (VTOL)”), the flying car comprising:
A body having a preset volume (main body 10);
A wing provided outside the body (wings 22); and
A propulsion module connected to the body and provided to form a propulsive force for flight (rotors 20),
Wherein the propulsion module is provided to be operated based on drone-type control (Radu calls the vehicle a flying car/flying drone throughout the description).
Regarding claim 3 (dependent on claim 1), Radu discloses the wing has a variable length (paragraph 70 discloses “A pair of foldable, extensible wings 22” and Figures 2-6 show the deployment of the wings).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Josh Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642