DETAILED ACTION
Notice of Pre-AIA or AIA Status
This action is in response to the application filed 3 June 2025 which claims priority to PRO 63/655,729 filed 4 June 2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-21 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-21 of copending Application No. 19/227,995. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) 2. because reference character "102c-1" and "102d-1" has been used to designate both longerons and battens. 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 Objections
Claim 20 is objected to because of the following informalities:
Claim 20 does not maintain the same nomenclature for the claimed elements, where such elements should maintain either the same “transverse” or “traverse” word within the elements for clarity purposes. 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, 20 and all claims depending therefrom 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.
Claim 1 defines a plurality of longerons and battens and at least two longitudinal struts, which renders the claimed invention indefinite. The originally filed specification does not specifically note what elements exactly are the longerons of the system, where paragraph 54 of the specification discloses elements #102c/d-1 are base longerons while paragraph 59 instead defines them as side battens. Furthermore, the nodes and hinges are disclosed multiple times as being an "intra-longeron hinge" or a "batten-longeron node," when such nodes and hinges are instead between longitudinal struts or battens and struts. Thus, one of ordinary skill in the art would not know what exactly such longeron elements are within the claimed invention. Are the longerons the separate segments of the battens and struts which are connected to one another with a hinge SO as to form the respective batten and struts? Or, are the longerons parallel with and form other ones of the longitudinal struts which also extend in the longitudinal direction? Such an interpretation is further confused in view of claim 12 which defines a top longitudinal strut and a plurality of side longitudinal struts, and thus when only three of such elements extend in the longitudinal direction as depicted in the present figures, one would not know what elements thus would form the longerons that also extend in the longitudinal direction as the batten elements do not extend in the longitudinal direction. Claim 7 defines similar limitations but with respect to the longerons and thus one of ordinary skill in the art would not know what elements are the longitudinal struts. For examining purposes and in light of the specification and drawings, the longerons are considered separate elements from the longitudinal struts which also extend in the longitudinal direction and thus at least four separate longitudinally extending elements are required to meet the limitations of a plurality of longerons and at least two longitudinal struts.
Claim 20 defines a distance between the first base traverse hinge, second base traverse hinge and a top traverse hinge remains constant during stowing, which renders the claimed invention indefinite since looking at figures 2A and 2B, the base traverse hinges 111a/b-1 are provided at the bottom of the bay so as to attach 102b-1 and 102d-1 to one another and a top transverse hinge #112-1 at a top of the bay, which renders the claimed invention indefinite since the distance between the first and second base traverse hinges is much smaller than the distance between the base traverse hinges and the top traverse hinge an thus one of ordinary skill in the art would not know who to meet such limitations when the base traverse hinges are to be formed using the same node element. For examining purposes and in light of the specification and drawings, such limitations are considered to define the distance from the first base traverse hinge to the top traverse hinge and the distance between the second base traverse hinge and the top traverse hinge are the same and remain constant during the stowing and deploying.
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.
Claims 1-10, 14-17, 20, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bilek et al. (U.S. Patent 4,482,900).
- Regarding claim 1, Bilek et al. disclose a system comprising:
a truss (the truss as depicted in figure 1) comprising a plurality of bays (#10), where each bay comprises: a plurality of longerons (the elements #14 that extend in the x-axis direction of
figure 2b can be considered the longerons) disposed in the longitudinal direction
(elements #14 are considered to extend in the longitudinal direction which extends
along the x-axis of figure 2b); a plurality of battens (#12) disposed in a transverse direction (see figure 2b, where the transverse direction is considered the y-axis direction); and
at least two longitudinal struts (the elements #14 that extend in the z-axis
direction of figure 2b and perpendicular to the longerons and battens or the elements
#14 that extend in the x-axis direction and are not the longeron elements since 4 of
such elements #14 are provided within each bay) that are coupled by hinges (#18)
that are configured to allow the at least two longitudinal struts to fold towards an
interior of each bay of the truss (see figure 2c), wherein at least one batten of the
plurality of battens connects and separates at least one longitudinal strut of the
plurality of longitudinal structures (see figure 2a),
wherein the at least two longitudinal struts, the plurality of longerons, and the
plurality of battens are connected to form the bay (see figure 2a), wherein each side
of the bay is formed from two battens of the plurality of battens that are joined end-
to-end (see figure 2a, where each side is formed by two battens #12 connected by
two longerons #14 or two struts #14), and wherein at least some of the plurality of
battens respectively separate at least one of the plurality of longerons (see figure
2a), and wherein the truss is configured to be stowed longitudinally and transversely (see
figures 3-10).
- Regarding claim 2, Bilek et al. disclose the truss is configured to be stowed longitudinally by folding the hinges connecting the longitudinal struts so that a first set of battens of the plurality of battens disposed at a first end of the bay are stacked adjacent to a second set of battens disposed at a second end of the bay (For purposes of rejecting claim 2, since four separate elements #14 extend along the x-axis of the bay of figure 2b, two of such elements #14 can be considered the longitudinal struts while the other two can be considered the longerons, where the elements #14 comprise of hinges #18 to allow for stacking of the battens #12 adjacent one another as depicted in figure 3).
- Regarding claim 3, Bilek et al. disclose the truss has at least a first length, and where a cross-section of the truss changes along the first length (see figure 1, where the truss is cross-shaped and thus comprises of a changing cross-section of differing width as it goes along the length of the truss).
- Regarding claim 4, Bilek et al. disclose one longeron of the plurality of longerons is connected to two other longerons, wherein each connection is formed by two battens of the plurality of battens (see figure 2b, where the ends of each longeron #14 are attached to a respective batten #12 in order to attach to another longeron).
- Regarding claim 5, Bilek et al. disclose at least two battens of the plurality of battens are connected to each other via first hinges, and at least one batten of the plurality of battens is connected to at least one longeron of the plurality of longerons via a second hinge (For purposes of rejecting claim 5, since four elements #14 are provided in the x-axis direction of figure 2b, two of such elements #14 can be considered the longerons while the other two can be considered the struts, where elements #12 and #14 which form the two rectangular planes on the ends of the bays can be considered the battens, where first hinges #18 separate batten segments #14 from one another while a second hinge formed at #16 allow for a hinge effect between battens #12 and longerons #14).
- Regarding claim 6, Bilek et al. disclose at least one selected from the group consisting of the first hinges, and the second hinge have an axis of rotation that is parallel to the longitudinal direction (see figure 1, where the first hinge #18 of batten segments #14 is parallel to the longitudinal direction).
- Regarding claim 7, Bilek et al. disclose at least some of the plurality of battens comprise top battens and side battens, and wherein at least some of the plurality of longerons comprise top longerons and base longerons (for purposes of rejecting claim 7 and its dependent claims, since four elements #14 are provided in the x-axis direction of figure 2b, each of such elements #14 can be considered formed by respective two segments, one on either side of the hinge element #18, SO as to comprise four segments on the top and four segments on the bottom such that any two of such segments can be considered a top or bottom longeron and the other two can be considered the top or bottom longitudinal strut, where elements #12 and #14 which form the two rectangular planes on the ends of the bays can be considered the battens, where side battens are formed by elements #12 and top battens are formed by elements #14).
- Regarding claim 8, Bilek et al. disclose two of the top battens connect two of the top longerons (the two top battens #14 at either end of the bay are attached to a respective end of the two longerons and longitudinal struts attached to one another through hinge #18 and thus connect the longerons to one another to form a rectangle)
- Regarding claim 9, Bilek et al. disclose the two top battens are connected via a hinge (#18) that is offset from a centerline in a transverse direction internal to the truss (if the centerline is to extend through a center of the truss and bays SO as to run through the central point in the transverse direction, such hinges #18 of the top battens are offset upwardly and outwardly from such a centerline as broadly defined).
-Regarding claim 10, Bilek et al. disclose a plurality of tensioned diagonals (#20) disposed on external faces of each bay of the plurality of bays (see figure 2a).
- Regarding claim 14, Bilek et al. disclose when the truss is folded, one or more battens of the plurality of battens are uncovered and are configured to have one or more hardware elements mounted to the one or more uncovered battens (see figure 3, where the truss is in the stowed, folded configuration such that the outermost battens #12 are considered the uncovered battens which are configured to have hardware mounted thereto, where such hardware elements is not positively defined).
- Regarding claim 15, Bilek et al. disclose the one or more uncovered battens are configured to mount at least one selected from a group consisting of: a solar array, and an antenna (see figure 2a, where antenna #28a is configured to be mounted to such battens #12).
- Regarding claim 16, Bilek et al. disclose one or more battens for each bay of the plurality of repeating bays are configured to be external during stowage and deployment (see figures 1 and 3, where the outer corner bays #10 comprise of battens #12 which are external both during stowage and deployment).
- Regarding claim 17, Bilek et al. disclose at least one of the plurality of battens extends beyond a junction with at least one of the plurality of longerons (see figure 2a, where battens #12 comprise of elements #26 that extend past the longerons #14).
- Regarding claim 20, Bilek et al. disclose at least some of the plurality of battens are arranged between a first base transverse hinge and a second base traverse hinge and a top traverse hinge, wherein a distance between the first base traverse hinge, the second traverse hinge, and a top traverse hinge remains constant during stowing (for purposes of rejecting claim 20 and its dependent claims, since four elements #14 are provided in the x-axis direction of figure 2b, two of such elements #14 can be considered formed by respective longerons, while the other two elements #14 can be considered the struts, where elements #12 and #14 which form the two y-z axis rectangular planes on the ends of the bays can be considered the battens, where the top battens #14 comprise of first and second traverse hinges #16 at ends thereof and a top traverse hinge #18 in a center thereof, where the segments of the batten #14 maintain a constant spacing equal to the length of such batten segments between the respective hinges),
- Regarding claim 21, Bilek et al. disclose the distance is equal in both a transversely stowed configuration and a transversely deployed configuration (see figures 2a-d, where the distance is equal in both the stowed and deployed configurations, where the distance is equal to one of the batten segments between hinges of element #14).
Claims 1, 2, 4-10, 12-18, 20, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Onoda et al. (U.S. Patent 5,228,258).
- Regarding claim 1, Onoda et al. disclose a system comprising:
a truss (the overall truss as depicted in figure 14) comprising a plurality of bays (the bay formed by four cubes as depicted in figure 1), where each bay comprises:
a plurality of longerons (#4 and #6) disposed in the longitudinal direction (see figure 1, where the longitudinal direction is parallel with such longerons #4 and #6);
a plurality of battens (#1a-c, #25a-c, #7a-c, and #13-15) disposed in a transverse direction (see figure 1, where the battens extend transverse to the longitudinal
direction); and
at least two longitudinal struts (#22 and #23) that are coupled by hinges (#19B/20B) that are configured to allow the at least two longitudinal struts to fold towards an interior of each bay of the truss (see figure 3), wherein at least one batten of the plurality of battens connects and separates at least one longitudinal strut of the plurality of longitudinal structures (see figure 1, where batten #25c connects struts #22 and #23 to one another),
wherein the at least two longitudinal struts, the plurality of longerons, and the plurality of battens are connected to form the bay (see figure 1, which depicts a four square bay), wherein each side of the bay is formed from two battens of the plurality of battens that are joined end-to-end (see figure 1, where each side is formed by two battens #1a, #1c, #7a, or #7c connected by two longerons #4/6 or #10/12), and
wherein at least some of the plurality of battens respectively separate at least one of the plurality of longerons (see figure 1), and
wherein the truss is configured to be stowed longitudinally and transversely (see figure 3, where the truss can be folded upwardly and inwardly so as to change the longitudinal and transverse dimensions of the truss).
- Regarding claim 2, Onoda et al. disclose the truss is configured to be stowed longitudinally by folding the hinges connecting the longitudinal struts so that a first set of battens of the plurality of battens disposed at a first end of the bay are stacked adjacent to a second set of battens disposed at a second end of the bay (see figure 3, where the battens #1c and 7a at opposite ends of the bay are to be stowed adjacent one another).
- Regarding claim 4, Onoda et al. disclose one longeron of the plurality of longerons is connected to two other longerons, wherein each connection is formed by two battens of the plurality of battens (see figure 1, where the longeron formed by both elements #4 is connected to two longeron segments #10 through two battens #15 and #13).
- Regarding claim 5, Onoda et al. disclose at least two battens of the plurality of battens are connected to each other via first hinges (#19c/#19a), and at least one batten of the plurality of battens is connected to at least one longeron of the plurality of longerons via a second hinge (#3c).
- Regarding claim 6, Onoda et al. disclose at least one selected from the group consisting of the first hinges, and the second hinge have an axis of rotation that is parallel to the longitudinal direction (see figure 1, where the second hinge #3c comprises of an axis of rotation parallel to the longitudinal direction that extends parallel to elements #4 so as to allow vertical movement of batten #15).
- Regarding claim 7, Onoda et al. disclose at least some of the plurality of battens comprise top battens (#15/13) and side battens(#1a/1c/7a/7c), and wherein at least some of the plurality of longerons comprise top longerons (#4/10) and base longerons (#6/12).
- Regarding claim 8, Onoda et al. disclose two of the top battens (#15) connect two of the top longerons (#10 and #4; see figure 1).
- Regarding claim 9, Onoda et al. disclose the two top battens are connected via a hinge (#19c) that is offset from a centerline in a transverse direction internal to the truss (if the centerline is to extend coplanar with elements #14 and #17 through a center of the truss and bays, such a hinge #19c is positioned upwardly and to the left of such a centerline SO as to be offset as broadly defined).
-Regarding claim 10, Onoda et al. disclose a plurality of tensioned diagonals (#28a/29a) disposed on external faces of each bay of the plurality of bays (see figure 1).
- Regarding claim 12, Onoda et al. disclose the plurality of longitudinal struts comprises a plurality of top longitudinal struts (#22) and a plurality of side longitudinal struts (#23), wherein at least some of the plurality of battens are side battens (#25a/25c), and wherein the side battens are connected to the top longitudinal struts and the side longitudinal struts via hinges (#19c and #20c) that have axes of rotation that are parallel to the longitudinal direction (the hinges #19c and #20c comprise of axes of rotation with respect to elements #15 and #18 which extend parallel to the longitudinal direction parallel to elements #4 and #6).
- Regarding claim 13, Onoda et al. disclose a valley hinge connects at least two of the side battens (hinges #19c and #19a can be considered valley hinges since they comprise of valleys to receive the ends of diagonals #28/29), at least two of the plurality of battens are connected to one another at a first longeron of the plurality of longerons, where the connection is via a hill hinge (hinge #3c attaching battens #1c and #15 and longeron #4 comprises of a hill hinge since it comprises of protrusions that form a T-shaped hinge with a projection that forms the hill to attach batten #15 thereto), wherein the truss is configured to be stowed transversely by folding the hill hinge and valley hinge SO that at least the two side battens, at least some of the plurality of battens, and at least some of the plurality of longerons package against one another (see figure 3, where the battens and longerons are to be packaged against one another to form the stowed configuration).
- Regarding claim 14, Onoda et al. disclose when the truss is folded, one or more battens of the plurality of battens are uncovered and are configured to have one or more hardware elements mounted to the one or more uncovered battens (see figure 3, where the truss is in the stowed, folded configuration such that the outermost battens #1a/1c are considered the uncovered battens which are configured to have hardware mounted thereto, where such hardware elements are not positively defined).
- Regarding claim 15, Onoda et al. disclose the one or more uncovered battens are configured to mount at least one selected from a group consisting of: a solar array, and an antenna (a solar array or antenna is configured to be mounted to the battens, where such a solar array and antenna are not positively defined).
- Regarding claim 16, Onoda et al. disclose one or more battens for each bay of the plurality of repeating bays are configured to be external during stowage and deployment (see figures 1 and 3, where the outer bays comprise of battens #1a/1c which are external both during stowage and deployment).
- Regarding claim 17, Onoda et al. disclose at least one of the plurality of battens extends beyond a junction with at least one of the plurality of longerons (see figure 1, where battens #15 extend beyond junction #3c with longerons #4).
- Regarding claim 18, Onoda et al. disclose at least one linear actuator (#55) coupled to one or more of the plurality of longerons to control a length of the one or more longerons (such an actuator #55 is indirectly coupled to longerons #6 SO as to adjust the length of the longerons in the longitudinal direction).
- Regarding claim 20, Onoda et al. disclose at least some of the plurality of battens are arranged between a first base transverse hinge (#5c) and a second base traverse hinge (#11c) and a top traverse hinge (#26c), wherein a distance between the first base traverse hinge, the second traverse hinge, and a top traverse hinge remains constant during stowing (diagonals #28c and #29c maintain the same distance between the hinges since the length between hinge #11c and hinge #26 and between hinge #5c and hinge #26c never changes).
- Regarding claim 21, Onoda et al. disclose the distance is equal in both a transversely stowed configuration and a transversely deployed configuration (see figures 1-3, where the distance is equal in both the stowed and deployed configurations, where the distance is equal to the diagonal length #28/29).
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bilek et al. in view of Merrifield (U.S. Patent 7,716,897).
- Regarding claim 18, Bilek et al. disclose the claimed invention except specifically for at least one linear actuator coupled to one or more of the plurality of longerons to control a length of the one or more longerons. However, it is highly well known in the art, as evidenced by Merrifield, that such truss bays can comprise of struts #60 which comprise of linear actuators or springs #62 in order to allow the strut to telescope and apply equal and opposite forces on the joints #4 at the ends of such a strut. See Col. 7, II. 20-31. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a linear actuator for such longerons of Bilek et al., as taught in Merrifield, in order to assist in deploying the truss while applying a force on the joints of each truss bay to maintain the shape of such a truss during use.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bilek et al. in view of Motohashi et al. (U.S. Patent 5,125,206).
- Regarding claim 19, Bilek et al. disclose the claimed invention except specifically for a sequencing mechanism configured to deploy one or more of the plurality of bays, one at a time, in a longitudinal direction. However, it is highly well known in the art, as evidenced by Motohashi et al., that such truss bays #10 used to form a larger truss can be constructed with an actuator #20, such as provided upon a diagonal member of the bay #10, which actuator communicates with a driver unit #50 and microcomputer/control unit #52, where such a control unit can control each actuator based on the actuator position SO as to control the actuator more precisely and allow each truss bay #10 to be freely deformed from a deployed stated to a folded state and vice versa. See col. 6, II. 1-13 and col. 4, II. 39-47. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the truss bays of Bilek et al. to comprise of an actuator which is connected to a control unit of the truss system that allows each truss bay to be deployed freely and one by one as needed, as taught in Motohashi et al., in order to allow for proper deployment and stowing of a truss during use while also
allowing for a proper shape to be formed with such a truss as needed.
Conclusion
The prior art made of record and not relied upon but considered pertinent to applicant's disclosure can be found in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYE W ABELL whose telephone number is (303) 297-4408. The examiner can normally be reached on Monday - Friday 0700-1500 CST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/TYE WILLIAM ABELL/Primary Examiner, Art Unit 3644 6 January 2026