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 .
Drawings
The drawings are objected to because there are apparent typos in figure 2. In figure 2, the reference # 15 & 17 next to the wings, should be reference # 16 & 18, respectively. The reference # 15 & 17 along the axis are correct. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: in figure 1, reference # 13 is missing but is in the specification, paragraph 0033. 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. 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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-3, 5, 6, 8-10, 12, & 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parks et al. (Pub No. US 2018/0305005 A1).
Regarding claim 1
Parks teaches a hybrid-electric vertical take-off and landing (VTOL) aircraft, (See paragraph 0099 & figures 1a-1h & 3a-3b, ref # 100 & 300) comprising: an airframe comprising at least a pair of fixed wings (See figures 1a-1h & 3a-3b, ref # 106) for generating vertical lift when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100 & 300) is in a forward flight operational mode; one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) supported by the airframe each comprising one or more rotor blades and an electric motor (See paragraph 0099 & figures 1a-1h & 3a-3b) for rotating the one or more rotor blades about a rotational axis to generate vertical thrust when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in a VTOL operational mode; one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) separate from the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) and supported by the airframe each comprising a prime mover (See paragraph 0099) to generate forward thrust when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the forward flight operational mode; and a computer system (See paragraph 0070 & figure 2, ref # 210) in signal communication with the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) and the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) for transitioning the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) between the VTOL operational mode in which the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) are in an activated state to generate the vertical thrust and the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) are in a deactivated state, and the forward flight operational mode in which the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) are in a deactivated state and the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) are in an activated state to generate the forward thrust. (See paragraphs 0057-0058, 0076, 0096, 0098-0099)
Regarding claim 2
Parks teaches wherein the prime mover (See paragraph 0099) of each of the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) comprises an electric motor. (See paragraph 0099)
Regarding claim 3
Parks teaches wherein the computer system (See paragraph 0070 & figure 2, ref # 210) is configured to transition the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) between the forward flight operational mode, the VTOL operational mode, and a transitional operational mode in which the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) and the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) are each in the activated state. (See paragraphs 0057-0058, 0076, 0096, 0098-0099)
Regarding claim 5
Parks teaches wherein the computer system (See paragraph 0070 & figure 2, ref # 210) comprises an onboard controller (See paragraph 0070 & figure 2, ref # 210) supported by the airframe.
Regarding claims 6 & 17
Parks teaches wherein the prime mover (See paragraph 0099) of each of the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) comprises an internal combustion engine (ICE). (See paragraph 0099)
Regarding claim 8
Parks teaches a hybrid-electric vertical take-off and landing (VTOL) aircraft, (See paragraph 0099 & figures 1a-1h & 3a-3b, ref # 100 & 300) comprising: an airframe comprising at least a pair of fixed wings (See figures 1a-1h & 3a-3b, ref # 106) for generating vertical lift when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in a forward flight operational mode; one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) supported by the airframe each comprising one or more rotor blades and an electric motor (See paragraph 0099 & figures 1a-1h & 3a-3b) for rotating the one or more rotor blades about a rotational axis to generate vertical thrust when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in a VTOL operational mode; and one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) separate from the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) and supported by the airframe each comprising an internal combustion engine (ICE) (See paragraph 0099 & figures 1a-1h & 3a-3b, ref # 110) to generate forward thrust when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the forward flight operational mode. (See paragraphs 0057-0058, 0076, 0096, 0098-0099)
Regarding claim 9
Parks teaches further comprising one or more electrical batteries (See paragraph 0099) supported by the airframe and electrically connected to the electric motors (See paragraph 0099) of the one or more VTOL powertrains (See paragraph 0099 & figures 1a-1h & 3a-3b, ref # 124) for powering the electric motors.
Regarding claim 10
Parks teaches further comprising an electrical generator (See paragraph 0099) electrically coupled to the one or more electrical batteries (See paragraph 0099) and mechanically coupled to the one or more forward flight powertrains (See paragraph 0099 & figures 1a-1h & 3a-3b, ref # 110) for recharging the one or more electrical batteries. (See paragraph 0099)
Regarding claims 12 & 16
Parks teaches wherein each of the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) comprises a pair of the rotor blades that share a blade axis that is aligned with a longitudinal axis of the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) when in the forward flight operational mode. (See paragraphs 0096 & 0098)
Regarding claim 14
Parks teaches a hybrid-electric vertical take-off and landing (VTOL) aircraft, (See paragraph 0099 & figures 1a-1h & 3a-3b, ref # 100 & 300) comprising: an airframe comprising at least a pair of fixed wings (See figures 1a-1h & 3a-3b, ref # 106) for generating vertical lift when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in a forward flight operational mode; one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) supported by the airframe each comprising one or more rotor blades and an electric motor (See paragraph 0099 & figures 1a-1h & 3a-3b) for rotating the one or more rotor blades about a rotational axis to generate vertical thrust when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in a VTOL operational mode; and one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) separate from the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) and supported by the airframe each comprising a prime mover (See paragraph 0099) to generate forward thrust in a direction fixed relative to the airframe when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the forward flight operational mode, and wherein the forward thrust extends at a non-zero angle relative to the vertical thrust generated by the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the VTOL operational mode. (See paragraphs 0057-0058, 0076, 0096, 0098-0099)
Regarding claim 15
Parks teaches wherein the forward thrust generated by the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the forward flight operational mode extends orthogonally to the vertical thrust generated by the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the VTOL operational mode.
Regarding claim 18
Parks teaches wherein the direction of the forward thrust generated by the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) is parallel a longitudinal axis of the VTOL aircraft. (See figures 1a-1h & 3a-3b, ref # 100)
Regarding claim 19
Parks teaches wherein the direction of the vertical thrust generated by the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) is orthogonal a longitudinal axis of the VTOL aircraft. (See figures 1a-1h & 3a-3b, ref # 100)
Regarding claim 20
Parks teaches wherein: the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) are in an activated state to generate the vertical thrust and the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) are in a deactivated state when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the VTOL operational mode; and the one or more VTOL powertrains (See figures 1a-1h & 3a-3b, ref # 124) are in a deactivated state and the one or more forward flight powertrains (See figures 1a-1h & 3a-3b, ref # 110) are in an activated state to generate the forward thrust when the VTOL aircraft (See figures 1a-1h & 3a-3b, ref # 100) is in the forward flight operational mode. (See paragraphs 0057-0058, 0076, 0096, 0098-0099)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parks et al. (Pub No. US 2018/0305005 A1) as applied to claims 3 & 8 above, and further in view of Auerbach et al. (US Patent No. 11,435,762 B1).
Regarding claim 4
Parks does not teach wherein the computer system is configured to gradually decrease the vertical thrust generated by the one or more VTOL powertrains when the VTOL aircraft is in the transitional operation mode.
However, Auerbach teaches wherein the computer system (See figure 1-2, ref # 124) is configured to gradually decrease the vertical thrust generated by the one or more VTOL powertrains (See figure 1-2, ref # 112) when the VTOL aircraft (See figure 1-2, ref # 100 & 200) is in the transitional operation mode. (See column 8, lines 24-34 & figures 1-2)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a computer system is configured to gradually decrease the vertical thrust generated by the one or more VTOL powertrains when the VTOL aircraft is in the transitional operation mode as taught by Auerbach in the aircraft of Parks, so as to transition the aircraft from a vertical flight operation mode to a forward flight operation mode.
Regarding claim 11
Parks does not teach wherein the pair of fixed wings each comprises one or more nacelles extending from a leading edge or a trailing edge thereof, and wherein the one or more VTOL powertrains are supported on the one or more nacelles.
However, Auerbach teaches wherein the pair of fixed wings (See figure 1-2) each comprises one or more nacelles (See figure 1-2, under 108) extending from a leading edge or a trailing edge thereof, (See figure 1-2) and wherein the one or more VTOL powertrains (See figure 1-2, ref # 112) are supported on the one or more nacelles. (See figure 1-2)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a pair of fixed wings each comprises one or more nacelles extending from a leading edge or a trailing edge thereof, and wherein the one or more VTOL powertrains are supported on the one or more nacelles as taught by Auerbach in the aircraft of Parks, so as to support the VTOL powertrains.
Claim(s) 7, 11, & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parks et al. (Pub No. US 2018/0305005 A1) as applied to claims 1, 8, & 12 above, and further in view of Manning et al. (US Patent No. 11,827,349 B1).
Regarding claim 7
Parks does not teach wherein the one or more VTOL powertrains are internally stowable within the airframe when the VTOL aircraft is in the forward flight operation mode.
However, Manning teaches wherein the one or more VTOL powertrains are internally stowable (See column 13, lines 15-38) within the airframe when the VTOL aircraft is in the forward flight operation mode. (See column 13, lines 15-38)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a one or more VTOL powertrains are internally stowable within the airframe when the VTOL aircraft is in the forward flight operation mode as taught by Manning in the aircraft of Parks, so as to reduce drag for greater energy efficiency, speed, and range. (See column 13, lines 15-38)
Regarding claim 11
Parks does not teach wherein the pair of fixed wings each comprises one or more nacelles extending from a leading edge or a trailing edge thereof, and wherein the one or more VTOL powertrains are supported on the one or more nacelles.
However, Manning teaches wherein the pair of fixed wings each comprises one or more nacelles extending from a leading edge or a trailing edge thereof, and wherein the one or more VTOL powertrains are supported on the one or more nacelles. (See column 13, lines 15-38)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a pair of fixed wings each comprises one or more nacelles extending from a leading edge or a trailing edge thereof, and wherein the one or more VTOL powertrains are supported on the one or more nacelles as taught by Manning in the aircraft of Parks, so as to reduce drag for greater energy efficiency, speed, and range. (See column 13, lines 15-38)
Regarding claim 13
Parks does not teach wherein each of the one or more VTOL powertrains comprises a brake configured to prevent rotation of the pair of rotor blades about a rotational axis when the VTOL aircraft is in the forward flight operation mode.
However, Manning teaches wherein each of the one or more VTOL powertrains comprises a brake (See column 9, lines 53-61) configured to prevent rotation of the pair of rotor blades about a rotational axis when the VTOL aircraft is in the forward flight operation mode. (See column 9, lines 53-61)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a of the one or more VTOL powertrains comprises a brake configured to prevent rotation of the pair of rotor blades about a rotational axis when the VTOL aircraft is in the forward flight operation mode as taught by Manning in the aircraft of Parks, so as to reduce drag for greater energy efficiency, speed, and range. (See column 9, lines 53-61 & column 13, lines 15-38)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The reference Moon et al. (Pub No. US 2022/0163978 A1) discloses a hybrid-electric vertical take-off and landing (VTOL) aircraft, comprising: an airframe comprising at least a pair of fixed wings for generating vertical lift when the VTOL aircraft is in a forward flight operational mode; one or more VTOL powertrains supported by the airframe each comprising one or more rotor blades and an electric motor for rotating the one or more rotor blades about a rotational axis to generate vertical thrust when the VTOL aircraft is in a VTOL operational mode; one or more forward flight powertrains separate from the one or more VTOL powertrains and supported by the airframe each comprising a prime mover to generate forward thrust when the VTOL aircraft is in the forward flight operational mode; and a computer system in signal communication with the one or more VTOL powertrains and the one or more forward flight powertrains for transitioning the VTOL aircraft between the VTOL operational mode in which the one or more VTOL powertrains are in an activated state to generate the vertical thrust and the one or more forward flight powertrains are in a deactivated state, and the forward flight operational mode in which the one or more VTOL powertrains are in a deactivated state and the one or more forward flight powertrains are in an activated state to generate the forward thrust.
The reference Clark et al. (Pub No. US 2021/0139138 A1) discloses a VTOL aircraft, vertical thrust rotors, forward thrust rotors, and the vertical thrust rotors can be a rotor with blades or can be a coaxial rotor with blades.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY ANDREW BONNETTE whose telephone number is (571)270-7556. The examiner can normally be reached M-Th 6:30 am - 5:00 pm.
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/RODNEY A BONNETTE/Primary Examiner, Art Unit 3647