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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/27/2025 has been considered by the examiner.
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 1-6 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 5 recites “an actuator serving”. It is unclear what this limitation requires. For examination purposes, this limitation will be interpreted to be --an actuator--.
Claim 1 recites “when viewed in a direction parallel to the axis of rotation”. It is unclear how this should be construed.
From the European search report:
There is a general issue concerning the interpretation of the feature "when viewed in a direction parallel to the axis of rotation"
Claim 1: The extending direction of the first arm and second arm cannot be interpreted considering the features: a first arm (111) extending from the axis of rotation in a first direction when viewed in a direction parallel to the axis of rotation; and a second arm (112) extending from the axis of rotation in a second direction different than the first direction when viewed in a direction parallel to the axis of rotation
What does the feature "when viewed in a direction parallel to the axis of rotation" mean? Does it mean that the first direction is a direction parallel to the axis of rotation? Clarification is required.
Still in claim 1: The same reference used for measuring the claimed distances is
also unclear: wherein, when viewed in a direction parallel to the axis of rotation, a [first] distance from the first connection point to the axis of rotation is greater than a [second] distance from the second connection point to the axis of rotation.
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The reference "when viewed in a direction parallel to the axis of rotation" is improper for construing the distances.
It is not clear how the claimed distances can be "viewed" in a direction parallel to the axis of rotation i.e. axis Y.
It is noted that [0059] discloses In plan view of the actuator unit 10 in the direction along
the second axis Y
The reference to a plan would be correct, but also here a plan in the direction along the second axis Y cannot be clearly interpreted.
The correct reference for being able to construe the distances would be a projection in the plane X,Z:
To do so, the axes X,Y,Z should be defined:
The axis X refers to an axe parallel to the central axis of the main rod (which is defined in claim 1, see also [0017] The term "first axis X" refers to an axis parallel to the main cylinder axis J1)
The axis Y should be defined as being the axis of rotation (P1) ([0020] The through hole 56H passes through the first extension piece 56 in the direction extending along the second axis Y), the axis Y being further orthogonal to the axe X, the axis Z being orthogonal to both axes X and Y ([0017] The terms "second axis Y" and "third axis Z" respectively refer to a specific axis orthogonal to the first axis X, and an axis orthogonal to both the first and second axes X and Y)
Once the axes X,Y,Z are defined, the claimed distances can be defined as projection in the plan X-Z (see Fig.4-5).
Claim 3: The same issue arises with the features:
when viewed in a direction parallel to the axis of rotation, an acute angle formed between a line segment connecting the second and third connection points and the axial direction is 30 degrees or less regardless of where the locking collar is positioned.
In order to be able to construe the angle, the plane X-Z should also be used ([0061] see unclear reference to a plane in plan view of the actuator unit 10 in the direction along the second axis Y), the line segment being projected in the plane X-Z.
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Claim 4: The same issue arises with the features: when viewed in a direction parallel to the axis of rotation, an angle formed between a line segment connecting the first connection point and the axis of rotation and a direction of a force exerted by the power source on the first arm is from 85 degrees to 95 degrees when the locking mechanism is in the locking state.
In order to be able to construe the angle, the plane X-Z should also be used ([0055] see unclear reference to a plane in plan view of the actuator unit 10 in the direction along the second axis Y), the line segment and the force being projected in the plane X-Z.
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Claims 2-6 are indefinite because they depend from indefinite claim 1.
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) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Canalini (EP3203090).
Canalini discloses:
1. An actuator unit (Fig. 1-3) comprising:
a main rod (3) movable in an axial direction;
a lock mechanism (1) configured to restrict the main rod from moving;
a first link mechanism (35) rotatable on an axis of rotation; and
a second link mechanism (34) connected to the first link mechanism and the lock mechanism, wherein the locking mechanism includes:
a tubular locking member (7) into which the main rod is inserted, the locking member having an outer surface that is sloped such that a distance between a central axis of the main rod and the outer surface decreases toward one side in the axial direction; and
a tubular locking collar (6) into which the main rod and the locking member are inserted, the locking collar having an inner surface that is sloped such that a distance between the central axis of the main rod and the inner surface decreases toward one side in the axial direction,
wherein the first link mechanism (35) includes:
a first arm (39) extending from the axis of rotation in a first direction when viewed in a direction parallel to the axis of rotation; and
a second arm (38) extending from the axis of rotation in a second direction different than the first direction when viewed in a direction parallel to the axis of rotation,
wherein the first arm (39) is connected at a first connection point to a power source (8) for applying power to the first link mechanism,
wherein the second arm (38) is connected at a second connection point (see annotated Canalini Fig. 1') to the second link mechanism (34), wherein the second link mechanism is connected at a third connection point (37) to the locking collar (7),
wherein the locking collar (7) is configured to reciprocate in the axial direction as the first link mechanism rotates in a reciprocating manner, and
wherein, when viewed in a direction parallel to the axis of rotation, a distance from the first connection point to the axis of rotation is greater than a distance from the second connection point to the axis of rotation (see annotated Canalini Fig. 1' and 1’’).
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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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canalini.
Regarding claim 4, Canalini discloses the actuator unit of claim 1, and further discloses wherein, when the locking mechanism is in a locking state, the outer surface of the locking member is in contact with the inner surface of the locking collar (paragraph [0029] discloses inner surface 9 of locking collar 6 and outer surface 20 of locking member 7 are in contact in the locking state), and wherein, when viewed in a direction parallel to the axis of rotation, an angle formed between a line segment connecting the first connection point and the axis of rotation (see annotated Canalini Figs above).
Canalini does not disclose explicitly a direction of a force exerted by the power source on the first arm is from 85 degrees to 95 degrees when the locking mechanism is in the locking state, although an angle between rod (43) of the power source (8) and the first arm (39) appears to be between 85-95 degrees.
Since applicant has not disclosed that a direction of a force exerted by the power source on the first arm is from 85 degrees to 95 degrees when the locking mechanism is in the locking state solves any stated problem or is for any particular purpose above the fact that this angle allows the power source to act on the first arm in a manner that allows for a locking force to be effectuated and it appears that device of Canalini would perform equally well with a direction of a force exerted by the power source on the first arm is from 85 degrees to 95 degrees when the locking mechanism is in the locking state as claimed by applicant, it would have been an obvious matter of design choice to modify positioning of the power source relative to the first arm connect by utilizing a direction of a force exerted by the power source on the first arm is from 85 degrees to 95 degrees when the locking mechanism is in the locking state as claimed for the purpose of allowing the power source to act on the first arm in a manner that allows for a locking force to be effectuated.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canalini in view of Koshak et al. (US 5900596), hereinafter ‘Koshak’.
Regarding claim 5, Canalini discloses the actuator unit of claim 1, wherein the power source includes an actuator serving (actuator 8, 32, 33), the actuator being configured to be operated by fluid pressure (paragraph [0057]), wherein the actuator has: a cylinder (42) configured to receive a fluid therein; a piston (piston 43) configured to reciprocate within the cylinder; a rod connected to the piston and the first arm (piston 43 has a rod coupled to the first arm 39).
Canalini does not disclose a spring member configured to apply a force to the piston, and wherein, when the spring member applies a force to the piston to move the piston, the inner surface of the locking collar moves toward the outer surface of the locking member
However, Koshak discloses an actuator unit that controls a braking/locking function of a rod a device that surrounds the rod similar to Canalini and the present application and therefore constitutes analogous art. Koshak discloses an axially movable rod (Koshak rod 3 corresponds to Canalini rod 3) that is locked by an annular locking mechanism (Koshak locking mechanism 27 corresponds to Canalini’s locking mechanism 6, 7) wherein the locking mechanism is effectuated by a fluid pressure actuator coupled to the locking mechanism (Koshak’s actuator 38,43 corresponds to Canalini’s actuator 8). Koshak discloses wherein the power source includes an actuator serving (actuator 38, 43), the actuator being configured to be operated by fluid pressure (hydraulic fluid pressure, Col. 7 lines 11-56), wherein the actuator has: a cylinder (43) configured to receive a fluid therein; a piston (47) configured to reciprocate within the cylinder; a rod (35) connected to the piston and a first arm (end portion of rod 35); and a spring member (45) configured to apply a force to the piston, and wherein, when the spring member applies a force to the piston to move the piston, the inner surface of the locking collar moves toward the outer surface of the locking member (Col. 7 lines 11-56 discloses spring member 45 biasing the piston 47 and its rod 35 downwards which causes the locking collar 27 to move towards the outer surface of the rod 3 to lock/brake axial movement of the rod 3).
Since using a spring to bias the piston of an actuator configured to effect a locking function for an axial moving rod to achieve a failsafe feature in the event of a loss of fluid power of the device is beneficial and is known in the art, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Canalini to have used a spring member configured to apply a force to the piston, and wherein, when the spring member applies a force to the piston to move the piston to effectuate locking/braking of an axially movable rod as taught by Koshak. One of ordinary skill in the art would recognize that by implementing a spring to bias the piston in a direction that causes actuation of the locking into the device of Canalini would result in having, the inner surface of the locking collar moves toward the outer surface of the locking member as originally disclosed in Canalini.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canalini in view of Landberg et al. (US 2019/0219076), hereinafter ‘Landberg’.
Regarding claim 6, Canalini discloses the actuator unit of claim 1, but does not disclose wherein the main rod is configured to actuate a flight control surface of an aircraft and remains silent as to what specific system or device its invention is applied to.
However, Landberg a device that uses an axially movable rod that is lockable similar to Canalini and the present application and therefore constitutes analogous art. Landberg discloses an aircraft flight control surface (Landberg 111) that is actuated by axially movable rod (Landberg’s rod 109 corresponds to Canalini’s rod 3), wherein the rod (Landberg, 109) is able to be locked at certain positions (Landberg, paragraph [0158]). Landberg’s rod (Landberg, 109) is locked by an engagement and disengagement device (Landberg, 625) which would correspond to the locking structure of Canalini since they both lock a an axially moving rod at a certain position when the locking feature is effectuated.
Since Canalini does not specifical disclose the field of use for its device, and since a suitable field of use for lockable axially movable rods is to control aircraft flight control surfaces, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the device of Canalini to have been used its main rod (Canalini 3) to actuate a flight control surface of an aircraft as taught by Landberg.
Allowable Subject Matter
Claim 2-3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not appear to disclose nor render obvious wherein the second link mechanism converts a force acting to move the second connection point in a direction orthogonal to the axial direction into a force acting to move the inner surface of the locking collar toward the outer surface of the locking member in the axial direction as claimed in claim 2. The closest prior art reference Canalini shows the second connection point moving in the same axial direction that the locking collar moves in, not a direction orthogonal to the axial direction.
Claim 3 is allowable because it depend from claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Moody (US 1356458) discloses a device including pertinent locking structures for an axially movable rod including linkages, locking collar, conical engagement surfaces, connection points etc.
Beath et al. (US 4449615) discloses an actuator unit comprising:
a main rod (12) movable in an axial direction;
a lock mechanism (19, 18, 17, 16) configured to restrict the main rod from moving;
a first link mechanism rotatable on an axis of rotation; and
a second link mechanism connected to the first link mechanism and the lock mechanism, wherein the locking mechanism includes:
a tubular locking member (16) into which the main rod is inserted, the locking member having an outer surface that is sloped such that a distance between a central axis of the main rod and the outer surface decreases toward one side in the axial direction; and
a tubular locking collar (18) into which the main rod and the locking member are inserted, the locking collar having an inner surface that is sloped such that a distance between the central axis of the main rod and the inner surface decreases toward one side in the axial direction, wherein the first link mechanism includes:
a first arm (arm 36 extending from pin connected 27 towards the pin connected to cylinder 34) extending from the axis of rotation in a first direction when viewed in a direction parallel to the axis of rotation; and
a second arm (arm 36 extending from pin connected to 27 towards pin 37) extending from the axis of rotation in a second direction different than the first direction when viewed in a direction parallel to the axis of rotation,
wherein the first arm is connected at a first connection point (pin connected to cylinder 34) to a power source (34) for applying power to the first link mechanism,
wherein the second arm is connected at a second connection point (37) to the second link mechanism, wherein the second link mechanism is connected at a third connection point to the locking collar (third connection point is the pin connected to 27),
wherein, when viewed in a direction parallel to the axis of rotation, a distance from the first connection point to the axis of rotation is greater than a distance from the second connection point to the axis of rotation (See Fig. 3, distance between pin connected to 34 and pin connected to 27 is greater than the distance between pin 37 and the pin connected to 27).
Hugel et al. (US 9695011) discloses a main rod 12, lock mechanism 1, locking member 3, locking collar 2, first arm 6, second arm between 6 and 8, a power source 7, etc.
Grau (US 3934830) discloses a fluid cylinder coupled to a linkage mechanism that includes 2 arms extending from a pivot
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E. Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 September 1, 2026
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