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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/01/2025 has been considered by the examiner.
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 limitations of the following claims:
2. The device according to claim 1, wherein the device does not have a bayonet lock, but a web-and-groove connection.
12. A use of the device according to claim 1 for manufacturing and/or equipping an aircraft, wherein the aircraft is an airplane.
13. An aircraft, comprising at least one device according to claim 1.
14. A method for manufacturing and/or equipping an aircraft, comprising the step: placing the device according to claims 1 on the aircraft, wherein the device is a locking sleeve.
18. The linear actuating apparatus according to claim 10, wherein the at least one radially extending groove comprises multiple radially extending grooves.
20. The method of claim 14, wherein placing the device on the aircraft comprises placing the device on an actuator of the aircraft.
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Applicant’s drawings do not show an aircraft, multiple radially extending grooves, or a web-and-groove connection, etc.
Applicant’s Fig. 2 has 7a, 7b pointing to protrusions on a structure but this drawing does not show any web-like feature from this view. See 112(b) rejection.
Applicant’s Fig. 3 shows only one radial groove 13.
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 Objections
Claim 2, 5, 11, 14, and 17 are objected to because of the following informalities:
Claim 2 recites "wherein the device does not have a bayonet lock, but a web-and groove connection". This should be revised to improve the language. As best understood, this limitation states that the device comprises a web-and-groove connection, and the device does not have a bayonet lock.
Claim 5, "wherein the device comprises a thread at least one longitudinal-side end"
should read
--wherein the device comprises a thread on at least one longitudinal-side end--
to remedy a typographical error.
Claim 11, “at one of longitudinal-side end of the device”
should read
--at one longitudinal-side end of the device--
to remedy a typographical error.
Claim 14, line 2, “to claims 1”
should read
--to claim 1--
to remedy a typographical error.
Claim 17, recites:
“The device according to claim 5, wherein the further component is an actuator, and wherein the thread is configured to engage detachably with the further component.”
“the further component” in the last line should read --the actuator-- as it has been established that the ‘further component’ is an actuator.
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.
Claim 1-20 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 recites "having" as a transitional phrase. It is unclear whether the claims are intended to be closed or open as discussed in MPEP 2111.03 (IV). For examination purposes, "having" will be interpreted to be analogous to "comprising" and thus allowing inclusion of other components in addition to those recited.
Claim 2 recites “a web-and groove connection”. It is unclear what is required with this recitation as the specification does not further elaborate on its “web” structure. Does the prior art require a web-like structure that meets the common definition of “web” or does the prior art require any projection that is received in a groove as seen in applicant’s Fig. 2. Is this web and groove connection the same as a “tongue and groove connection”? Applicant’s drawings appear to show a tongue and groove connection.
From the Merriam- Webster Dictionary:
tongue and groove
noun
: a joint made by a tongue on one edge of a board fitting into a corresponding groove on the edge of another board
Claim 6 recites “a corresponding recess of a housing” while claim 7 recites “a corresponding groove of the housing”. It is unclear if the recess and groove are two different structures. The specification uses these two terms, but they appear to be the same structure. As best understood, there is no difference between the recess and the groove in the housing.
From applicant’s specification:
[0013] Furthermore, the device may comprise an anti-rotation means comprising at least one preloaded latch configured to engage in a corresponding recess in a housing in order to prevent the device from twisting relative to the housing.
[0014] The at least one latch may be configured in the form of a spring-loaded ball which is adapted to enter a corresponding groove in the housing.
Claim 11 recites “at one of longitudinal-side end of the device”. It is unclear what constitutes a “longitudinal-side end” on the device. The claims do not establish a frame of reference, therefore the longitudinal-side end is ambiguous. What part of the device is considered the longitudinal-side end?
Claim 14 recites the limitation "the step" in 1. There is insufficient antecedent basis for this limitation in the claim.
Dependent claims 2-20 are indefinite at least because they depend from indefinite claim 1.
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.
Claim(s) 1, 3-7, 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilson (US 2962079).
Wilson discloses:
1. A device for locking an actuator (this recitation "for locking an actuator" in the preamble is an intended use recitation and does not constitute patentable weight; further, the tool of Wilson can be interpreted to be an actuator as it actuates the movement of a flaring cone), having two half-shells (35, 36) that are pivotable relative to one another between an open position (Fig. 3) and a locking position (Fig. 4), which are configured in such a way that, in the locking position, the two half-shells are in abutment with each other at their end faces facing each other (See Fig. 3, two half shells have abutting end faces).
3. The device according to claim 1, wherein the device comprises at least one fixing element (45, 51) by means of which the two half-shells can be fixed to each other in the locking position.
4. The device according to claim 3, wherein the at least one fixing element comprises at least two screws (42, 45), which are configured to hold the two half-shells in abutment at their end faces facing each other.
5. The device according to claim 1, wherein the device comprises a thread at least at one longitudinal-side end, which is configured to engage with a further component in order to hold the device on the further component (further component 117 is screwed onto to device via threads on an end of half shell 35; since the claims do not define relative directions, the end with the threads that accommodates handle 117 is interpreted to be at the longitudinal-side end, as seen in Fig. 3 and 2).
6. The device according to claim 1, wherein the device further comprises an anti-rotation means (71, 72) comprising at least one preloaded latch which is configured to engage in a corresponding recess of a housing in order to prevent the device from twisting relative to the housing (Col. 5 lines 34-36 states "The inserts will be held in place by the spring pressed balls '71 and 72 engaging in the depressions in the faces of the inserts"; absent further limitations to what a "housing' comprises, the structures 55, 56 are interpreted to meet this limitation since they form a space that can house another component).
7. The device according to claim 6, wherein the at least one preloaded latch is configured in the form of a spring-loaded ball which is configured to enter a corresponding groove of the housing (Col. 5 lines 34-36 states "The inserts will be held in place by the spring pressed balls '71 and 72 engaging in the depressions in the faces of the inserts"; absent further limitations to what a "housing' comprises, the structures 55, 56 are interpreted to meet this limitation since they form a space that can house another component).
15. The device according to claim 1, wherein the device is a locking sleeve (device 35, 36 locks inserts 55, 56 in place and therefore meets the limitation of a locking sleeve).
16. The device according to claim 3, wherein the at least one fixing element comprises at least one screw which penetrates a partial region of one half-shell of the two half-shells and can be screwed into a partial region of the other half-shell of the two half-shells (see Figures, fixing elements 42, 45 penetrate through both half shells to some extent and they use threads and thus are screwed to tighten the two half shells 35, 36 together).
17. The device according to claim 5, wherein the further component is an actuator, and wherein the thread is configured to engage detachably with the further component (absent further limitations, handle 117 is interpreted to be an actuator since it is used as part of actuating the tool of Wilson).
Claim(s) 1-4, 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stillwagon (US 2459251).
Stillwagon discloses:
1. A device for locking an actuator (this recitation "for locking an actuator" in the preamble is an intended use recitation and does not constitute patentable weight, further, the device of Stillwagon is capable of being used with an actuator), having two half-shells (1, 2) that are pivotable relative to one another between an open position (Fig. 6) and a locking position (Fig. 4), which are configured in such a way that, in the locking position, the two half-shells are in abutment with each other at their end faces facing each other (see Fig. 6).
2. The device according to claim 1, wherein the device does not have a bayonet lock, but a web-and-groove connection (absent further limitations, the grooves 15 meet this web-and-groove connection recitation).
3. The device according to claim 1, wherein the device comprises at least one fixing element (9, 5) by means of which the two half-shells can be fixed to each other in the locking position.
4. The device according to claim 3, wherein the at least one fixing element comprises at least two screws (two screws 5), which are configured to hold the two half-shells in abutment at their end faces facing each other.
15. The device according to claim 1, wherein the device is a locking sleeve (absent further limitations, the recitation of “wherein the device is a locking sleeve” is met because the device of Stillwagon has a locked (closed) position and an unlocked (open) position; further the device of Stillwagon is used as a locking sleeve as it locks onto another component).
16. The device according to claim 3, wherein the at least one fixing element comprises at least one screw which penetrates a partial region of one half-shell of the two half-shells and can be screwed into a partial region of the other half-shell of the two half-shells (see Stillwagon screws 5 are inserted through both half shells).
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) 12, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson.
Wilson renders obvious:
12. A use of the device according to claim 1 for manufacturing and/or equipping an aircraft, wherein the aircraft is an airplane (examiner takes official notice that it is well known that airplanes transport objects; absent further limitations, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have equipped an aircraft by loading the device of Wilson for transportation on the aircraft as this would not change any function of either the aircraft or of the device of Wilson).
13. An aircraft, comprising at least one device according to claim 1 (examiner takes official notice that it is well known that airplanes transport objects; absent further limitations, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have equipped an aircraft by loading the device of Wilson for transportation on the aircraft as this would not change any function of either the aircraft or of the device of Wilson).
14. A method for manufacturing and/or equipping an aircraft, comprising the step: placing the device according to claim 1 on the aircraft, wherein the device is a locking sleeve (examiner takes official notice that it is well known that airplanes transport objects; absent further limitations, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have equipped an aircraft by loading the device of Wilson for transportation on the aircraft as this would not change any function of either the aircraft or of the device of Wilson, the recitation of “wherein the device is a locking sleeve” is met because the device of Wilson can be interpreted to be a sleeve and has a locked (closed) position and an unlocked (open) position)).
Claim(s) 12, 13, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stillwagon.
Stillwagon renders obvious:
12. A use of the device according to claim 1 for manufacturing and/or equipping an aircraft, wherein the aircraft is an airplane (examiner takes official notice that it is well known that airplanes transport objects; absent further limitations, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have equipped an aircraft by loading the device of Stillwagon for transportation on the aircraft as this would not change any function of either the aircraft or of the device of Stillwagon).
13. An aircraft, comprising at least one device according to claim 1 (examiner takes official notice that it is well known that airplanes transport objects; absent further limitations, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have equipped an aircraft by loading the device of Stillwagon for transportation on the aircraft as this would not change any function of either the aircraft or of the device of Stillwagon).
14. A method for manufacturing and/or equipping an aircraft, comprising the step: placing the device according to claims 1 on the aircraft, wherein the device is a locking sleeve (examiner takes official notice that it is well known that airplanes transport objects; absent further limitations, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have equipped an aircraft by loading the device of Stillwagon for transportation on the aircraft as this would not change any function of either the aircraft or of the device of Stillwagon, the recitation of “wherein the device is a locking sleeve” is met because the device of Stillwagon can be interpreted to be a sleeve and has a locked (closed) position and an unlocked (open) position)).
Allowable Subject Matter
Claims 8-11 and 17-20 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not disclose nor render obvious the limitations of claims 8-11 or 17-20, in combination with their base claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Basamania et al. (US 2023/0304517) discloses a linear actuator used in an aircraft that has a locking ring coupled to the piston rod and latches to the housing to lock the actuator. The locking ring is not a split half shell embodiment.
Geyer et al. (US 2879746) discloses an actuator on an aircraft that locks if the actuator fails
Hoogen (US 6761104) discloses a linear actuator with a bayonet loc, and discloses an alternative threaded connection
Hodapp et al. (US 4267767) discuses a hydraulic actuator with a position lock that can be put in operation manually
Norling (US 1043457) discloses a device 17 including threads engaged to an actuator housing, with a clamping feature using screw 48
Weiner et al. (US 7610845) discloses a split collar 31 that is coupled with fasteners 40, wherein the collar has threads that engage with a piston rod
Yue (US 12139383) discloses a hydraulic cylinder with a hinged, half shelled split collar 125 that locks onto the piston rod as seen in Fig. 12. And also discloses equivalence between a split collar seen in Fig. 11 and a hinged split collar seen in Fig. 12.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E. Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 November 14, 2025