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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/30/2026 has been entered.
Response to Arguments
Applicant's arguments filed 1/30/2026 have been fully considered.
Regarding the arguments addressing the 35 U.S.C. §103 rejections recorded in the 1/30/2026 Final Rejection and the associated summary from the interview with the Supervisory Patent Examiner on 1/15/2026; The office respectfully notes Applicants argument(s) is/are either moot and/or not persuasive.
Specifically, the arguments with regard to the 8/5/2025 claim set are moot as all claims (i.e., 1-6) have been cancelled. The arguments in response to the 1/30/2026 claim amendments comprising newly added claims 7-9 are moot as Ishikawa is no longer relied upon. The arguments are unpersuasive particularly in light of the 112b rejections detailed in the 112 Rejections section, the 102 Rejections section and the 103 Rejections section.
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.
Claims 7-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7 recites “as the first engine, the second engine, and the transmission shaft are seen from above, the first engine and the second engine face each other with the transmission shaft interposed therebetween”. The language of the clause renders the claim indefinite as it is unclear what exact configuration is being claimed. Specifically, a first engine face and a second engine face have not been clearly established in the disclosure. Likewise, the phrase “as seen from above” is dependent upon the orientation of the flight device which has not been clearly established in the claim language (e.g., horizontal pusher propellor vs. vertical lift propellor).
Regarding claims 8-9, the final clauses of claims 8 and 9 are likewise indefinite for the phrase “as seen from above”. The claims are therefore rejected.
Correction/clarification is required.
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.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fiat (GB 360167 A, previously cited).
Regarding claim 7, Fiat discloses a flight device (aircraft propelling gear, ABSTRACT) comprising:
an engine (single frame of engines A and B; ABSTRACT: The engines are mounted together in a single frame G);
a transmission shaft (propeller shafts 9, 21; ABSTRACT); and
a rotor (hubs 11, 23 of propeller; ABSTRACT); wherein
the engine includes a first engine and a second engine (the office notes two engines A and B; see page 1 of 6, lines 9-17);
the transmission shaft includes a first transmission shaft rotated by the first engine and a second transmission shaft rotated by the second engine (concentric shafts 9, 21; lines 9-17; page 1 of 6, lines 98-103);
the rotor includes a first rotor rotated by the first transmission shaft and a second rotor rotated by the second transmission shaft (hubs 11 and 23; page 2 of 6, lines 4-12);
the first transmission shaft has a hollow structure (the office notes the concentric design; see also page 2 of 6; lines 8-10);
the second transmission shaft is arranged inside the first transmission shaft (the office notes the “concentric shaft design”);
the engine is arranged below the transmission shaft (the office note the single frame G of the engine(s) is arranged below the transmission shaft, see at least Fig. 2; Additionally, the office notes the 112b associated with the limitation); and
as the first engine, the second engine, and the transmission shaft are seen from above, the first engine and the second engine face each other with the transmission shaft interposed therebetween (Additionally, the office notes, as seen from above the first engine and second engine face each other with the transmission shaft interposed therebetween, at least Fig. 2; the office notes the 112b associated with the limitation).
.
Regarding claim 8, Fiat discloses the flight device according to claim 7, further comprising:
a first drive transmission configured to transmit driving force from the first engine to the first transmission shaft (page 1 of 6; line 95: The frame G includes bearings for the crankshafts 1 and 13 of the engines A and B, and also comprises housings for the gear trains transmitting power from the crankshafts to the propeller shafts); and
a second drive transmission configured to transmit driving force from the second engine to the second transmission shaft (the office notes crankshafts 1 and 13 for engines A and B);
as the first drive transmission, the second drive transmission, and the transmission shaft are seen from above, the first drive transmission and the second drive transmission are arranged so as to interpose the transmission shaft therebetween (at least Fig. 2; see also page 1, beginning line 98; page 2, beginning line 4: Additionally, Examiner notes 112b associated with the limitation).
Regarding claim 9, Fiat discloses the flight device according to claim 7, further comprising:
a first drive transmission configured to transmit driving force from the first engine to the first transmission shaft (page 1 of 6; line 95: The frame G includes bearings for the crankshafts 1 and 13 of the engines A and B, and also comprises housings for the gear trains transmitting power from the crankshafts to the propeller shafts); and
a second drive transmission configured to transmit driving force from the second engine to the second transmission shaft (the office notes crankshafts 1 and 13 for engines A and B);
wherein as the transmission shaft, the first drive transmission, and the second drive transmission are seen from above:
the first drive transmission and the second drive transmission are arranged so as to interpose the transmission shaft therebetween (at least Fig. 2; see also page 1, beginning line 98; page 2, beginning line 4: Additionally, Examiner notes 112b associated with the limitation), and
the transmission shaft, the first drive transmission, and the second drive transmission are substantially aligned along a straight line (Fig. 2; Examiner notes 112b associated with the limitation).
Additionally, claim(s) 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN 211281442 U).
Regarding claim 7, Chen discloses a flight device comprising:
an engine (11- motor; 19-longitudinal steering engine; 20-transverse steering engine – Fig. 1);
a transmission shaft (shafts 1-4); and
a rotor (lower and upper rotors, 5-6, Figs. 1 and 4); wherein
the engine includes a first engine and a second engine (the office notes dual motors is taught in the third paragraph of the Background section of Chen);
the transmission shaft includes a first transmission shaft (outer shaft 1) rotated by the first engine and a second transmission shaft (inner shaft 3) rotated by the second engine (reproduced for convenience from attached translation: the outer shaft 1 and the inner shaft 3 are rotating shafts; the middle shaft 2 and the core shaft 4 are non-rotating shafts. the outer shaft 1 is used for connecting and driving the lower rotor wing 5; The inner shaft 3 is used for connecting and driving the upper rotor wing 6);
the rotor includes a first rotor rotated by the first transmission shaft and a second rotor rotated by the second transmission shaft (the office notes outer shaft 1 rotates lower rotor 5 and inner shaft 3 rotates upper rotor 6; Fig. 4 and details in the second paragraph of the Embodiment section of Chen);
the first transmission shaft has a hollow structure (Fig. 4);
the second transmission shaft is arranged inside the first transmission shaft (the office notes the “concentric shaft design”, Fig. 4);
the engine is arranged below the transmission shaft (Figs. 1 and/or 4; Examiner notes 112b associated with the limitation); and
as the first engine, the second engine, and the transmission shaft are seen from above, the first engine and the second engine face each other with the transmission shaft interposed therebetween (Fig. 1 and/or Fig. 4; Examiner notes 112b associated with the limitation).
Regarding claim 8, Chen discloses the flight device according to claim 7, further comprising:
a first drive transmission configured to transmit driving force from the first engine to the first transmission shaft (please see the reproduction of Chen below; the office notes an upper bevel gear is a first drive transmission, and the office notes the transmission system comprises a transmission gear… [and] …the transmission gear is connected to the outer shaft… [specifically via] the upper bevel gear); and
a second drive transmission configured to transmit driving force from the second engine to the second transmission shaft (the office notes a lower bevel gear is a second drive transmission and is configured to transmit driving force from the engine to the second transmission shaft, i.e., specifically lower bevel gear with the inner shaft 3 as disclosed in the following reproduction of Chen: Preferably, the transmission gear set comprises a reduction gear and a reversing gear; the reversing gear comprises an upper bevel gear, a side bevel gear, a lower bevel gear, the upper and lower two ends of the side bevel gear are respectively connected with the upper bevel gear; the lower bevel gear is engaged to make the upper bevel gear, the lower bevel gear rotates along the opposite direction; the upper bevel gear is fixedly connected with the outer shaft; the lower bevel gear is fixedly connected with the inner shaft, so that the lower rotor, the upper rotor rotates along the opposite direction; the speed reducing gear is located between the motor gear and the lower bevel gear, for reducing the rotating speed transmitted by the motor, and transmitting the torque to the lower bevel gear);
as the first drive transmission, the second drive transmission, and the transmission shaft are seen from above, the first drive transmission and the second drive transmission are arranged so as to interpose the transmission shaft therebetween (Fig. 1 and/or Fig. 4; Examiner notes 112b associated with the limitation).
Regarding claim 9, Chen discloses the flight device according to claim 7, further comprising:
a first drive transmission configured to transmit driving force from the first engine to the first transmission shaft (upper bevel gear); and
a second drive transmission configured to transmit driving force from the second engine to the second transmission shaft (lower bevel gear);
wherein as the transmission shaft, the first drive transmission, and the second drive transmission are seen from above:
the first drive transmission and the second drive transmission are arranged so as to interpose the transmission shaft therebetween (Fig. 1 and/or Fig. 4; Examiner notes 112b associated with the limitation), and
the transmission shaft, the first drive transmission, and the second drive transmission are substantially aligned along a straight line (Fig. 1 and/or Fig. 4; Examiner notes 112b associated with the limitation).
Claim Rejections - 35 USC § 103
Alternatively, if Applicant argues that Fiat and/or Chen does not disclose the specific arrangements claimed in the instant application, claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fiat, and claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chen.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fiat, and Chen respectively.
Regarding claim 7, Fiat and Chen respectively disclose a flight device [as reiterated from the 102 Rejections above]. And, in the particular instance in which Applicant argues Fiat and/or Chen does not specifically disclose:
1. the engine is arranged below the transmission shaft, and
2. the first engine and the second engine face each other with the transmission shaft interposed therebetween, as the first engine, the second engine, and the transmission shaft are seen from above,
the office notes: it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have arranged the engine below the transmission shaft and to have arranged the first engine and the second engine to face each other with the transmission shaft interposed therebetween, as the first engine, the second engine, and the transmission shaft are seen from above, with a reasonable expectation of success, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70; to yield the predicable and beneficial use and outcome(s) of optimizing handling and control authority of the intended aircraft/aerial vehicle in which the flight device is applied; and optimizing mounting and load distribution of the intended aircraft/aerial vehicle in which the flight device is applied while maintaining frame constraints.
The office notes it is well within the ordinary skill of the art to move or relocate components in order to find an optimal arrangement that yields predictable benefits of a flight device installed for operation, for example: to lower the center of gravity for better stability, shorten the power path for less power loss, straighten the alignment to prevent unnecessary wear therefore increasing lifespan, reduce pitching moments, and/or avoid interference with other systems of the aerial vehicle.
.
Claims 8 and 9 are similarly alternatively rejected via modified Fiat and/or modified Chen as detailed in the respective 102 rejections section for claims 8-9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ray et al. (US 2,174,946) teaches an autorotative-winged aircraft so as to locate all parts of the structure and so dispose the arrangements for variable loads that the average position of the center of gravity lies substantially along the average thrust line of the propulsion means and near the average position of the rotor lift line, or slightly ahead of it in vertical descent, in order to obtain good average balance and stability with engine on or off and during either translational or vertical flight movements of the craft. The invention also contemplates obtaining the reduction in propeller speed and/or the reverse turning of the two propellers either by a single drive shaft or by concentric shafts, passing forwardly" from the engine between two side-by- side seats in the occupants' compartment, to the propellers at the nose, with the reversing and/or reducing gearing either mounted in a gear box at the nose or in a gear box mounted on or integral with the engine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANNA DANIELLE GLOVER whose telephone number is (571)272-8861. The examiner can normally be reached Monday - Friday 7:00 -4:30, see teams for updates.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.D.G./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/ Primary Examiner, Art Unit 3642
Prosecution Insights