DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Examiner’s Note
2. The examiner attempted to reach the attorney of record Martin D. Moynihan by telephone on 06/02/2026 in the interest of expedited prosecution. In particular, the examiner intended to propose examiner’s amendments in order to address the issues discussed below for the purpose of a notice of allowance. However, the examiner was unable to reach the applicant’s representative to discuss the matters below.
Drawings
3. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the anti-torque system is configured to be moved, by an actuator mechanism on the body and under control of the control unit, in a direction providing thrust to the air vehicle when the air vehicle is switched from the helicopter mode to the airplane mode” in claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
4. The drawings are objected to under 37 CFR 1.83(a) because they fail to show “In an embodiment of the invention, the hybrid air vehicle comprises the anti-torque system which is triggered by the control unit when switched from helicopter mode to airplane mode, such that it moves with actuator mechanisms on the body, thereby providing thrust to the body.” (p. 3 of the specification filed on 03/27/2025) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
5. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
6. Claim 5 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
7. Claim 5 indicates that “at least one vertical stabilizer configured to provide a vertical-stabilizer anti-torque” (emphasis added), however, this is not supported by the original disclosure. In particular, there is no discussion regarding “a vertical-stabilizer anti-torque” in the applicant’s original disclosure. The examiner suggests removing the term “a vertical-stabilizer” and adding “wherein the anti-torque configured to be provided by the vertical stabilizer is different than the anti-torque configured to be created by the anti-torque system” or the like at the end of the claim such that it is clear that the anti-torques provided are distinct from each other.
Claim Construction Analysis
The limitation “the anti-torque system configured to create” and variations thereof are no longer being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. An aerospace engineer, when reviewing this technology, and case as a whole, would recognize that the claimed and disclosed anti-torque system covers a generic and well-known anti-torque system device.
Allowable Subject Matter
Claims 1-2, 4 and 6-11 are allowed (claim 8 must be rewritten to overcome the drawing objection or cancelled).
The following is an examiner’s statement of reasons for allowance: the prior art of record does not teach or suggest the invention as claimed, including wherein the control surface is configured to move along a direction which the canard extends outward from the body when the aircraft vehicle is in the transition mode such that the control surface is switched from the closed position to the open position.
By contrast, Bailie (US 2020/0055595 A1) in view of Krastev (US 2015/0102155 A1) discloses a hybrid aircraft comprising a body, at least one motor configured provide power for the flight of the air vehicle; at least one rotor extending outward from the body connected to motor, and configured to rotate about a rotational axis of the rotor; a plurality of blades located on the rotor; an anti-torque system position at a rear part of the body, the anti-torque system configured create anti-torque on the body when the aircraft vehicle is in a helicopter mode in which the air vehicle is configured to perform vertical landing and take-off, autorotation, and hovering; at least one propulsion system configured to provide thrust for movement of the air vehicle when the air vehicle is in an airplane mode in which the rotor is stopped and the plurality of blades are configured as fixed wings; at least one canard located in a nose area of the air vehicle and configured to provide lift to the air vehicle; and at least one control surface located in the canard, the control surface being movable between a closed position in which the control surface is located in the card and an open position in which the control surface extends outward from the canard, wherein a transition mode the rotor is stopped and the propulsion system is active while the air vehicle is switched from the helicopter mode to the airplane mode, wherein the control surface is configured to move to open position when the vehicle is in the helicopter mode, the transition mode, or the airplane mode. wherein the control surface is configured to move along a direction which the canard extends outward from the body such that the control surface is switched from the closed position to the open position, thereby increasing an aerodynamic surface area of the canard and providing additional lift to the air vehicle. However, Bailie in view of Krastev fails to mention wherein the control surface is configured to move along a direction which the canard extends outward from the body when the aircraft vehicle is in the transition mode such that the control surface is switched from the closed position to the open position.
Therefore, alone or in combination with the prior art of record, it would have not been obvious to incorporate prior art which disclose hybrid air vehicles configured for airplane mode and helicopter mode, in particular hybrid air vehicles including plurality of blades configured as fixed wings and control surfaces movable between closed and open position located in canards in the manner as described above without impermissible hindsight.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 9 have been fully considered and are persuasive. The 112(b) rejections have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this or any earlier communication from the examiner should be directed to Examiner Arfan Sinaki, whose telephone number is 571-272-7185. The examiner can normally be reached Monday-Friday from 8:00 am to 6:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Joshua J. Michener can be reached at 571-272-1467. The fax number for the organization to which this application or proceeding is assigned is 571-273-8300.
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/ARFAN Y. SINAKI/ Primary Examiner, Art Unit 3642
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