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 filed 02/24/2025 fails to fully comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because Foreign Patent Document #8 (WO 2014/58400 A1) discloses an automatic poultry feeder and does not appear to be relevant to the instant application. It has been placed in the application file, but foreign reference #8 referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Specification
The disclosure is objected to because of the following informalities:
Para. [0008] discloses Patent Application No. WO 2014/58400 A1 as background art. However, Examiner notes that this reference appears to disclose an automatic poultry feeder, not the described vehicle of para. [0008]. Appropriate correction 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) 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mouroux (FR 2628063 A1).
Regarding Claim 1, Mouroux discloses a human powered aircraft (Fig. 1) comprising:
a fuselage (13, Fig. 1) in which a nacelle is defined (interior of 13, Fig. 1);
at least one wing fastened to the fuselage (8, Fig. 1);
at least a first propeller (1, Fig. 1) adapted to be moved to rotate about a first propeller axis (axis of rotation of 1, along 9, for example, Fig. 1);
a propeller group (components of Fig. 3) adapted and configured to be operated by a user to rotate the at least a first propeller about the first propeller axis (Abstract);
wherein:
the propeller group comprises first propulsion means (hand cranks 4, Fig. 1) adapted to be moved by the user by means of his/her upper limbs (Abstract), and second propulsion means (12, Fig. 1) adapted to be moved by the user by means of his/her lower limbs (Abstract);
the first propulsion means are configured to be rotated alternatively in two opposite directions about a first rotation axis (hand cranks 4, Fig. 1, about axis of rotation of hand cranks 4, Fig. 1);
the second propulsion means are configured to be rotated alternatively in two opposite directions about a second rotation axis (12, Fig. 1, when pushed with the user’s feet, 12 are capable of rotating in opposite directions about axis of rotation of 12); and
the propeller group comprises at least one connection arm which that connects the first propulsion means and the second propulsion means to each other (17, Fig. 1) so that a rotation in one direction of the first propulsion means results in a rotation in the same direction of the second propulsion means, and vice versa (Abstract and Fig. 3).
Regarding Claim 10, Mouroux teaches the human powered aircraft of claim 1, wherein the propeller group comprises a first motion transmission system (2, Fig. 1) which allows converting a reciprocating rotary motion of the first propulsion means and of the second propulsion means into a continuous rotary motion of the at least a first propeller (Abstract and Fig. 1) so that the at least a first propeller always rotates in a same direction about the first propeller axis (examiner notes the transmission 17 drives the propeller 1 in the same direction so that 1 and 8 are contrarotating and each always rotates in its own direction, Abstract and Fig. 3 .
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 1 is alternately rejected, and Claims 2-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Myers (US 0581218 A) in view of Mouroux (FR 2628063 A1).
Regarding Claim 1, Meyers discloses a human powered aircraft (Fig. 1) comprising:
a fuselage (G and V);
at least one wing fastened to the fuselage (W’, W”, Fig. 1);
at least a first propeller (S, Fig. 1) adapted to be moved to rotate about a first propeller axis (axis of rotation of S, along “i”, for example, Fig. 1);
a propeller group (components of Fig. 3) adapted and configured to be operated by a user to rotate the at least a first propeller about the first propeller axis (Col. 1, lines 25-27);
wherein:
the propeller group comprises first propulsion means (K, Fig. 3) adapted to be moved by the user by means of his/her upper limbs (Col. 1, lines 25-27), and second propulsion means (k, Fig. 3) adapted to be moved by the user by means of his/her lower limbs (Col. 1, lines 25-27);
the first propulsion means are configured to be rotated alternatively in two opposite directions about a first rotation axis (K, Fig. 3, when pushed with the user’s hands, K are capable of rotating in opposite directions relative to gearwheel C about axis of rotation of gearwheel C);
the second propulsion means are configured to be rotated alternatively in two opposite directions about a second rotation axis (k, Fig. 3, when pushed with the user’s feet, k are capable of rotating in opposite directions relative to gearwheel C about axis of rotation of gearwheel C); and
the propeller group comprises at least one connection arm which that connects the first propulsion means and the second propulsion means to each other (U and u, Fig. 3) so that a rotation in one direction of the first propulsion means results in a rotation in the same direction of the second propulsion means, and vice versa (Pg. 2, lines 44-60).
Myers is silent about a nacelle is defined in the fuselage.
Mouroux teaches a nacelle (13, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the fuselage of Myers to include a nacelle as taught by Mouroux, with a reasonable expectation of success, in order to protect the user and enhance the safety of the aircraft.
Regarding Claim 2, modified Myers teaches the human powered aircraft of claim 1, wherein the first rotation axis is parallel to the second rotation axis (Fig. 3, rotation axis of K is parallel to rotation axis of k).
Regarding Claim 3, modified Myers teaches the human powered aircraft of claim 1,wherein the at least one connection arm comprises a rod (U, Fig. 3) rotatably hinged to the first propulsion means and to the second propulsion means in two hinge points (hinge points created by the junction of e and c1 and e” and c”, Fig. 3), respectively, which are spaced apart from each other (Fig. 3) and which identify a first hinge axis and a second hinge axis (axes of connections between e and c1 and e” and c”, Fig. 3), respectively.
Regarding Claim 4, modified Myers teaches the human powered aircraft of claim 3, wherein the at least one connection arm comprises a first end portion rotatably connected to the first propulsion means (top end of U, Fig. 3) and a second end portion, opposite to the first end portion, rotatably connected to the second propulsion means (bottom end of U, Fig. 3).
Regarding Claim 5, modified Myers teaches the human powered aircraft of claim 1,wherein the first propulsion means comprise at least one rotatable lever manually operable by the user (K, Fig. 3).
Regarding Claim 6, modified Meyers teaches the human powered aircraft of claim 5, wherein the at least one rotatable lever comprises a first lever portion (shaft part of K, extending between K and c1, Fig. 3), and a second lever portion (handle at end of K, Fig. 3) which are rotationally integral and which are mutually arranged so as to form an angle (an angle exists between the shaft and handle of K, Fig. 3).
Regarding Claim 8, modified Myers teaches the human powered aircraft of claim 1,wherein the second propulsion means comprise at least one crankarm (k, Fig. 3).
Regarding Claim 9, modified Myers teaches the human powered aircraft of claim 8, wherein the at least one crankarm is configured to rotate in a reciprocating manner about the second rotation axis (k rotates about axis at center of c”, Fig. 3) and is rotatably hinged to the at least one connection arm (rotatably hinged to U via e”, Fig. 3).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over modified Myers as applied to claim 5 above, in view of Lasher (US 20140239610 A1).
Regarding Claim 7, modified Myers teaches the human powered aircraft according to of claim 5.
Modified Myers is silent about wherein the at least one rotatable lever is a curved lever having two mutually integral lever portions forming an elbow.
Lasher teaches a similar rotatable lever that is a curved lever having two mutually integral lever portions forming an elbow (22, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to shape the at least one rotatable lever of modified Myers as a curved lever having two mutually integral lever portions forming an elbow, as taught by Lasher, with a reasonable expectation of success, for enhanced ergonomics.
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 arts of record, individually or in combination, do not disclose or render obvious the combined limitations of Claim 11. The closest prior art of record is Myers (US 0581218 A). While Myers teaches first and second hinge axes are parallel to each other (axes of connections between e and c1 and e” and c”, Fig. 3), Miles fails to teach wherein the first and second hinge axes are parallel to the first and second rotation axes, and it would not be obvious to combine or modify the prior arts of record to teach the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Zheng et al. (CN 114044079 A) teaches a human powered aircraft.
Xu (CN 111907700 A) teaches a human powered aircraft.
Zhang et al. (CN 111776213 A) teaches a human powered aircraft powered by both upper and lower limbs.
Muchuma (WO 2015025990 A1) teaches a human powered aircraft.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA LYNN GORDON whose telephone number is (571)270-5323. The examiner can normally be reached M-F 8:30am-4:30pm.
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/ANNA L. GORDON/Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642