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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
This communication is the first action on the merits.
As of the date of this action, an information disclosure statement (IDS) has been filed on 5/6/2025 and reviewed by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group 1 in the reply filed on 4/16/2026 is acknowledged.
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 1-10, and 16-20 is 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.
Claim 1 introduces “a truncated section”, and claim 16 introduces “a truncated end”, the examiner finds the use of the term “truncated” in this instance to be somewhat confusing because for the elements to be truncated elements they had to have been truncated from another larger element, and it is not entirely clear from the claim what the end structure of the truncated portion is or what the structure is of the element that has been truncated. Based on the applicant’s figures the examiner believes that these truncated limitations are meant to be an opening that is formed in the curved flange at a position that is located beneath the lower flange.
Claim 6 recites the limitation "the second reinforcement piece" in lines 1-2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-5, 7-10, and 17-20 are rejected due to their respective dependencies on claims rejected under 35 U.S.C. 112(b). Appropriate correction is required.
Allowable Subject Matter
Claims 1-10, and 16-20 would be allowable if rewritten or amended 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.
Claim 1 is allowable because the prior art of record fails to teach or suggest a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element with a web between upper and lower flanges; two distal ends of the longitudinal spar element, wherein each of the two distal ends includes an end portion established in a longitudinal direction of the web, a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Claim 16 is allowable because the prior art of record fails to teach or suggest an assembly of preforms arranged to form a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element preform including a web, a continuous upper flange and a discontinuous lower flange with a gap in the lower flange at each of distal end portions of the longitudinal spar element preform; and curved edge preforms each aligned with one of the gaps in the lower flange of the longitudinal spar element preform, wherein each of the curved edge preforms includes a web overlapping a portion of the web of the longitudinal spar element preform, an upper flange at an upper edge of the web of the curved edge preform and curved flanges at lower edges of the web of the curved edge preform, wherein the upper flange of each of the curved edge preforms abuts and overlaps a portion of the upper flange of the longitudinal spar element preform, and wherein the curved flanges of each of the curved edge preforms extend from the lower flange of the longitudinal spar element preform to a truncated end of the curved edge preform.
The best prior art of record is Guillemaut (PGPub #2016/0311515) which does teach a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element with a web between upper and lower flanges; two distal ends of the longitudinal spar element, wherein each of the two distal ends includes an end portion established in a longitudinal direction of the web. But does not teach a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Another prior art of record if Martino Gonzalez (PGPub #2016/0152315) which does teach a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element with a web between upper and lower flanges; two distal ends of the longitudinal spar element, wherein each of the two distal ends includes an end portion established in a longitudinal direction of the web. But does not teach a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Another prior art of record is Sanz Martinez (PGPub #2011/0168836) which does teach a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element with a web between upper and lower flanges; two distal ends of the longitudinal spar element, wherein each of the two distal ends includes an end portion established in a longitudinal direction of the web. But does not teach a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Another prior art of record is Tweney (US #2,500,015) which does teach a spar with teach a curved-edged portion with curved flanges but does not teach that the curved portion is located at the end portion established in a longitudinal direction of the web, and does not teach a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Another prior art of record is Cooper (US #12,221,218) which does teach a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element with a web between upper and lower flanges; two distal ends of the longitudinal spar element, wherein each of the two distal ends includes an end portion established in a longitudinal direction of the web. But does not teach a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Another prior art of record is Santolalla (US #8,960,603) which does teach a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element with a web between upper and lower flanges; two distal ends of the longitudinal spar element, wherein each of the two distal ends includes an end portion established in a longitudinal direction of the web. But does not teach a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Another prior art of record is Song (PGPub #2024/0336347) which does teach a composite spar configured to support a horizontal structure external to a fuselage of an aircraft, the composite spar comprising: a longitudinal spar element with a web between upper and lower flanges; two distal ends of the longitudinal spar element, wherein each of the two distal ends includes an end portion established in a longitudinal direction of the web. But does not teach a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
Additional prior arts of record include Rush (PGPub #2022/0281582), Jones (PGPub #2022/0153400), Campana (PGPub #2021/0371079), Soula (PGPub #2020/0247067), Martino-Gonzalez (PGPub #2020/0023934), Martino-Gonzalez (PGPub #2019/0382096), Guinaldo Fernandez (PGPub #2017/0334545), Bailly (PGPub #2017/0232662), Garcia Nieto (PGPub #2016/0340022), Selyugin (PGPub #2015/0239207), Moselage (PGPub #2014/0145032), and Werth (PGPub #2011/0210206) which all teach aircraft spars but none of the prior arts teach a curved-edged end portion with curved flanges and a truncated section established in the transverse direction of the web, wherein the truncated section is configured to connect to a frame of the fuselage and configured as a load transfer element between the web and the frame, and wherein the lower flange is connected to the curved flanges.
It would not have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify any of the prior arts of record to teach the untaught limitations because there is no obvious motivation for the change without the use of hindsight reconstruction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM LAWRENCE GMOSER whose telephone number is (571)270-5083. The examiner can normally be reached Mon - Thu 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM L GMOSER/Primary Examiner, Art Unit 3647
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