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 .
DETAILED ACTION
The applicant’s amendments/remarks dated 12/24/2025 has been received, entered, and fully considered. Claim 1 is amended, claim 10 is cancelled. Claim 21 is newly added. Claims 1-9 and 11-21 are currently pending and are under examination.
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 “…wherein at least one egress route of the at least two egress routes defines a tunnel with an incline extending from the main cabin to an exit door on an outer lower surface of one of the plurality of wings” of claim 1; and the “…the tunnel is fully forward of a rear spar of the BWB aircraft…’ od claim 21 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.
Claim Rejections - 35 USC § 112
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.
Claims 1-9 and 11-21 are 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.
In claim 1, the limitation “…wherein at least one egress route of the at least two egress routes defines a tunnel with an incline extending from the main cabin to an exit door on an outer lower surface of one of the plurality of wings” do not seem to be supported by the disclosure. There is no disclosure in the specification or the drawings that a tunnel with an incline extending from the main cabin to an exit door on an outer lower surface of one of the plurality of wings. The only disclosure in the specification regarding the ‘incline’ is in para. [0012] of the specification as filed reciting “…the tunnel exit on the outer lower surface of the wing with an incline suitable for passenger travel, such as roughly 35 degrees included up from the ground facing outward…” and the limitation is not seem to be in line with what is being claimed. There is also no support from the drawings regarding the limitation in claim 1. Therefore, the limitation of claim 1 above do not seem to have a support from the specification and drawings and is deemed new matter.
Claims 2-9 and 11-20 are also rejected under the same rational as the rejection of independent claim 1 solely based on their dependency from the rejected parent claim 1.
In claim 21, the limitation “…the tunnel is fully forward of a rear spar of the BWB aircraft…’ also do not seem to be supported by the specification is considered new matter.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSRES H WOLDEMARYAM whose telephone number is (571)272-6607. The examiner can normally be reached Monday-Friday 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Assres H. Woldemaryam
Primary Examiner (Aeronautics and Astronautics)
Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, Art Unit 3642
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