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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. : US12/269,581.
The added or updated features of the instant application claim 1 :
“a wing planform spanning symmetrically across the symmetry plane that is disposed on the body structure and configured to provide additional lift for the multi-rotor vehicle” vs. “a wing planform spanning symmetrically across the symmetry plane” ;
“the other of the auxiliary rotor and the at least two main rotors are fully enclosed” vs. “at least one fixed wing element forms a shroud.” ;
either disclosed by independent / dependent claims of parent patent or obvious variation of independent claim elements. Therefore there is no inventive distinction.
The comparison table below to be used for reference :
Instant App. # 19/069,807
(Pub. No.: US2025/0196998)
Instant App. # 17/655,296
(Patent No.: US12/269,581)
Independent claim 1
Independent claim 1
1. A multi-rotor vehicle comprising: a body structure, at least two main rotors connected to the body structure wherein the at least two main rotors are symmetrically disposed about a symmetry plane of the multi-rotor vehicle having at least one propeller and wherein each of the at least two main rotors are configured to generate lift for the multi-rotor vehicle;
1. A multi-rotor vehicle comprising: a body structure, at least two main rotors connected to the body structure wherein the at least two main rotors are symmetrically disposed about a symmetry plane of the multi-rotor vehicle having at least one propeller and wherein each of the at least two main rotors are configured to generate lift for the multi-rotor vehicle;
at least one auxiliary rotor connected to the body structure disposed centrally along the symmetry plane being separated from the at least two main rotors by a distance greater than a diameter of the at least two main rotors such that a downwash from the at least two main rotors and a downwash from the at least one auxiliary rotor does not interfere;
at least one auxiliary rotor connected to the body structure disposed centrally along the symmetry plane being separated from the at least two main rotors by a distance greater than a diameter of the at least two main rotors such that a downwash from the at least two main rotors and a downwash from the at least one auxiliary rotor does not interfere;
at least two horizontal thrust rotors connected to the body structure and evenly disposed about the symmetry plane and configured to generate thrust in a forward direction such that a rotational plane of the at least two horizontal thrust rotors is perpendicular to a rotational plane of the at least two main rotors; and
at least two horizontal thrust rotors connected to the body structure and evenly disposed about the symmetry plane and configured to generate thrust in a forward direction such that a rotational plane of the at least two horizontal thrust rotors is perpendicular to a rotational plane of the at least two main rotors; and
at least one fixed wing element removably disposed on the body structure and configured to provide additional lift for the multi-rotor vehicle,
at least one fixed wing element comprising a wing planform spanning symmetrically across the symmetry plane that is disposed on the body structure and configured to provide additional lift for the multi-rotor vehicle, the wing planform including at least one opening therein, and
the at least one fixed wing element comprising a wing planform spanning symmetrically across the symmetry plane and including at least one opening therein,
the opening fully surrounding at least one of the at least one auxiliary rotor and the at least two main rotors to form a rotor-in-wing configuration, and
wherein one of the at least one auxiliary rotor and the at least two main rotors are at least partially enclosed by the at least one fixed wing element and the other of the auxiliary rotor and the at least two main rotors are fully enclosed by the at least one opening of at least one fixed wing element.
wherein the other of at least one of the at least one auxiliary rotor and the at least two main rotors are partially enclosed by the wing planform of the at least one fixed wing element to form a partial in-wing rotor configuration, such that the at least one fixed wing element forms a shroud.
Dependent claims
Dependent claims
2-9,11-15 and 17-22 : Substantially identical
2-20 : Substantially identical
Regarding dependent claims 2-9,11-15 and 17-22; these claims are substantial duplicates of Parent Patent dependent claims 2-20.
The instant claims recitations are obvious variation of the Prior Patent claims recitation in which both claims are represented by common drawings and are comingled in scope as mapped out above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited..
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jalal C CODUROGLU whose telephone number is (408)918-7527. The examiner can normally be reached Monday -Friday 8-6 PT.
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/Jalal C CODUROGLU/Examiner, Art Unit 3665
/DONALD J WALLACE/Primary Examiner, Art Unit 3665
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