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 .
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 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.
Claims 3-4 are rejected under 35 U.S.C. 112(b) 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 phrase “the at least one projecting frame” in the last line of claim 3 does not recite proper antecedent basis to claim 2.
Claim 4 recites multiple antecedent basis issues.
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) 1-6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tianjin CN 107434039.
Regarding claim 1, Tianjin discloses a flying apparatus comprising:
an airframe (figure 1); and
a plurality of rotors attached to the airframe (figure 1);
wherein the plurality of rotors include a main rotor and a sub-rotor (figure 1);
the airframe includes:
a main body assembly (1C); and
at least one arm extending from the main body assembly and provided with the sub-rotor attached to a distal end thereof (such as the arm associated with sub-rotor 41);
the main body assembly includes:
a framed main assembly provided thereon or therein with a driver to drive the main rotor (figure 2 where the corresponding English translation describes this area for housing the batteries); and
at least one projecting frame projecting from the framed main body and provided with the main rotor attached thereto (see annotated figure 1 below with rotor 40 attached thereto); and
a proximal end of the at least one arm is connected to the at least one projecting frame of the main body assembly (as shown in the annotated figure 1 below).
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Regarding claim 2, Tianjin discloses the flying apparatus according to claim 1, wherein the at least one projecting frame includes a plurality of frame members that:
extend in a projecting direction away from the framed main body (such as the two side “walls” that converge at the corner that the arrow in the annotated figure above points to); and
define a corner therebetween by approaching each other in the projecting direction (as previously described);
the main rotor is attached to the corner (at least by way of one of the two side “walls”); and
the at least one arm is connected to a portion of the at least one projecting frame between a proximal end of the at least one projecting frame and the corner (as shown in annotated figure 1 above).
Regarding claim 3, Tianjin discloses the flying apparatus according to claim 2, wherein the at least one arm is connected to the portion of the at least one projecting frame between the proximal end of the at least one projecting frame and the corner at a position closer to the proximal end of the at least one projecting frame than to the corner (see annotated figure below).
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Regarding claim 4, Tianjin discloses the flying apparatus according to claim 1, wherein proximal ends of a plurality of the arms are connected to the at least one projecting frame or one of a plurality of the projecting frames (figure 1).
Regarding claim 5, Tianjin discloses the flying apparatus according to claim 1, wherein a length of the at least one projecting frame between a proximal end and a distal end thereof is shorter than a length of the at least one arm between the proximal end and the distal end thereof (seen in annotated figure 1 above).
Regarding claim 6, Tianjin discloses the flying apparatus according to claim 1, wherein the main rotor is configured to generate lifting power to float the airframe; and the sub-rotor is configured to control a posture of the airframe (figure 1).
Regarding claim 8, Tianjin discloses the flying apparatus according to claim 1, wherein the sub-rotor is configured to rotate via a driving force supplied from a motor (inherently shown via 31/etc. in figure 3).
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(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tianjin.
Regarding claim 7, Tianjin teaches the flying apparatus according to claim 1, but does not specify wherein the driver includes an engine; and the main rotor is configured to rotate via a driving force supplied from the engine.
However, “engines” are very well known in the art. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide an engine, in order to meet particular design preferences for particular mission preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WONG whose telephone number is (571)272-7889. The examiner can normally be reached Monday through Friday from 8:00am to 4:30pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA B WONG/Primary Examiner, Art Unit 3644