DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the application filed 4 December 2024 which claims foreign priority to FR2313497 filed 4 December 2023. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8, line 1: “propulsion module (20)” should be corrected to “propulsion module”.
Appropriate correction is required.
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.
Claim 7 is 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 7 recites the limitation "the tank" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the limitation will be interpreted as “the energy reservoir”.
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.
Claims 1-3, 5-6, and 8-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Browning (US 2019/0382114).
- Regarding Claim 1. Browning discloses a flight system (500, fig 5a-d) comprising:
− a harness (540/240, fig. 2a-c) configured to be worn by a user (the harness is made up of a frame), said harness (540/240) at least partially covering the torso and surrounding the hips of the user (illustrated by the figures);
− a plurality of primary propulsion modules (100) connected to the harness (540/240, illustrated by the figures, the modules are connected to the harness by the frame 540), the plurality of primary modules (100) being symmetrically distributed at the user’s hips on either side of a sagittal plane of the body of the user (illustrated by the figures), the primary modules (100) being configured to exert a primary thrust force so as to raise or maintain the user in the air (“provide thrust to lift the user from the ground” [0002]);
−at least one energy reservoir (310) configured to supply energy to the plurality of primary propulsion modules (100);
wherein the plurality of primary propulsion modules is pivotable (“circumduction” [0074]), via ball-and-socket connections between the harness (540/240) and the plurality of primary propulsion modules (100, “circumduction of the upper arm” [0074]; the connections are equivalent to a ball and socket connection in that they allow circumduction of the arms), at least between a vertical flight configuration wherein a frontal plane of the body of the user extends perpendicularly to the ground and a horizontal flight configuration wherein the frontal plane of the body of the user extends parallel to the ground (“predetermined net horizontal thrust” [0076]; “vertical thrust equal to the load of the wearer and flight system, with a zero net horizontal thrust” [0014]; the system can be used for both horizontal and vertical flight).
- Regarding Claim 2. Browning discloses the flight system according to claim 1, wherein the primary thrust force is parallel to the frontal plane in the vertical flight configuration and the primary thrust force is perpendicular to the frontal plane in the horizontal flight configuration (inherent to a system as disclosed by Browning to allow for both vertical and horizontal flight).
- Regarding Claim 3. Browning discloses the flight system according to claim 1, wherein the plurality of primary modules is pivotable into a take-off configuration wherein the thrust force of each of the primary modules is perpendicular to the sagittal plane and directed away from the user so that the primary thrust force is zero (“produce equilibrium” [0014]).
- Regarding Claim 5. Browning discloses the flight system according to claim 1, wherein the harness comprises knee pads (illustrated by fig. 5a) configured to be worn by the user and a plurality of tertiary propulsion modules (400) connected to the knee pads (illustrated by fig. 5a), the plurality of tertiary propulsion modules (400) being symmetrically distributed at the knees of the user and configured to exert a tertiary thrust force (illustrated by the figures “leg propulsion assembly” [0069]).
- Regarding Claim 6. Browning discloses the flight system according to claim 1, wherein the energy reservoir (310) is secured to the harness (540/240) at the level of the user's torso (illustrated by the figures).
- Regarding Claim 8. Browning discloses the flight system according to claim 1, comprising a dorsal propulsion module (200) connected to the harness (540/24) at the torso of the user and configured to exert a dorsal thrust force (illustrated by the figures).
- Regarding Claim 9. Browning discloses the flight system according to claim 1, wherein the primary propulsion modules (100) on a given side of the sagittal plane are secured to at least one adjacent primary module (illustrated by the figures as two side by side modules), a single primary propulsion module being in ball-and-socket connection with the harness (540/240 “circumduction” [0074]).
- Regarding Claim 10. Browning discloses the flight system according to claim 1, wherein the plurality of primary propulsion modules (100) is pivotable into a forward configuration wherein the primary thrust force forms a first forward angle with respect to the ground (illustrated by the figures).
- Regarding Claim 11. Browning discloses the flight system according to claim 1, wherein the primary modules on a first side of the sagittal plane pivot synchronously and the primary modules on a second side of the sagittal plane pivot synchronously, the pivoting of the modules on the first side and the modules on the second side being independent (as illustrated, the modules on each side are attached to the same frame components, but capable of independent movement on the right and left sides through arm movement).
- Regarding Claim 12. Browning discloses the flight system according to claim 1, wherein the primary propulsion modules on a given side of the sagittal plane are distributed symmetrically with respect to the frontal plane of the body of the user (as illustrated, the modules are distributed evenly and symmetrically among the sagittal plane).
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 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Browning in view of Obviousness.
- Regarding Claim 4. Browning discloses the flight system according to claim 1, comprising a plurality of secondary propulsion modules (200) connected to the harness (340/240), the plurality of secondary propulsion modules (200) being symmetrically distributed (illustrated by fig. 3e). Browning does not disclose the secondary propulsion modules over the shoulders of the user and configured to exert a secondary thrust force.
However, the examiner contends that Browning discloses the claimed invention except for the location of the secondary propulsion modules being over the shoulder. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention as claimed to place propulsion modules at any location deemed relevant, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. In the instant case, moving the propulsion modules from the waist to the shoulders would allow for greater mobility and flight control as the modules would be placed further from the center of gravity of the user in an over the shoulder configuration.
- Regarding Claim 7. Browning discloses the flight system according to claim 6, with the energy reservoir (310). Browning does not disclose that the energy reservoir comprises a first compartment configured to supply propulsion modules on a first side of the sagittal plane and a second compartment configured to supply propulsion modules on a second side of the sagittal plane.
However, Browning discloses the claimed invention except a compartmentalized energy reservoir. It would have been an obvious matter of design choice to one of ordinary skill in the art prior to the effective filing date of the invention as claimed to split the energy reservoir into two separate compartment, since applicant has not disclosed that the split solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the single compartment fuel tank as disclosed by Browning.
Conclusion
The prior art made of record and not relied upon but considered pertinent to applicant's disclosure can be found in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYE W ABELL whose telephone number is (303) 297-4408. The examiner can normally be reached on Monday - Friday 0700-1500 CST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYE WILLIAM ABELL/Primary Examiner, Art Unit 3644 14 December 2025