DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
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 drive arm comprising a spigot and wing tip portion comprising a groove (claim 1), the groove including a lever element (claim 2), and the concavely curved form (claim 12) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 16 is objected to because of the following informalities:
Line 12, “other of the at drive arm” should be --other of the drive arm--.
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.
Claims 1-16 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim 1 recites the limitation "the other the at least one drive arm" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Similarly for claim 16.
Claim 1 recites “the groove” in lines 12-13, however it is unclear which of the “at least one groove” this refers.
Similarly for claims 2, 5-8, 10-13, and 16, the spigot in claims 2, 5, 10, 11, the drive arm in claims 4, 7, 9, 13, and 14, and the locking position in claim 10.
Claim 2 recites a groove comprising a lever element, however it is unclear how a lever can be part of a groove, which is defined by the absence of structure.
Claim 9 recites the limitation "the lever element" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites a drive unit for the wing of claim 1, however recites structure already recited in the wing. It is unclear whether the unit is to duplicate the structure already provided.
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) 1-6 and 11-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 117 401 150; provided English translation used).
Regarding independent claims 1, 14, 15, and 16:
Liu discloses an aircraft wing comprising:
a fixed wing portion (2) including a tip end;
a foldable wing tip device (1) rotatably mounted to the tip end between extended (Fig 2) and folded (Fig 4) positions;
a drive unit to drive the foldable portion, comprising a rotary actuator (14) mounted to the tip end (although the figures generally provide the actuator in the wing tip portion, page 5, para 7 indicates the reverse arrangement, with the driver in the fixed wing, may be used) and a drive arm (3) engaging the foldable portion, and
the foldable portion comprises a groove (7) and the drive arm comprises a spigot (gears, as depicted) confined and engaged to move along the groove (e.g. Figs 2-4).
Regarding claims 2 and 3:
The discussion above regarding claim 1 is relied upon.
Liu disclose the groove comprising a lever element (10) on the foldable portion and spaced from the folding axis.
Regarding claim 4:
The discussion above regarding claim 1 is relied upon.
Liu discloses the rotation axis of the drive arm spaced from the folding axis (e.g. Figs 1 and 6).
Regarding claim 5:
The discussion above regarding claim 1 is relied upon.
Liu discloses the spigot engaging the groove with a predefined play (defined by the gearing arrangement).
Regarding claim 6:
The discussion above regarding claim 1 is relied upon.
Liu discloses the groove formed as a slot extending in the radial direction (Fig 1).
Regarding claim 11:
The discussion above regarding claim 1 is relied upon.
Liu discloses a spigot roller (gear).
Regarding claim 12:
The discussion above regarding claim 1 is relied upon.
Liu disclose a convexly curved form with respect to the foldable portion (Fig 6).
Regarding claim 13:
The discussion above regarding claim 1 is relied upon.
Liu discloses the groove as closed at an outer end of the drive arm (Fig 1).
Allowable Subject Matter
Claims 7-10 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 render obvious a groove having multiple curvatures along its length (claims 7 and 10) or a cut-out through which the drive arm passes when rotating, in combination with the other limitations of the claim(s). Thompson et al. (US 2016/0251075) provides for multiple curvatures, and a drive arm passing through a cut-out, however uses a linear actuator rather than a rotary actuator. It would not be obvious to combine the teachings absent hindsight in order modify a system designed for rotary motion with the elements relying on linear motion.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph W Sanderson whose telephone number is (571)272-6337. The examiner can normally be reached Mon-Thu 6-3 ET.
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/JOSEPH W SANDERSON/ Primary Examiner, Art Unit 3619