DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-16 are currently pending.
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.
Claim 2 is 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 regards as the invention.
Claim 2 recites “the horizontally extending member.” There is insufficient antecedent basis for this limitation in the claim, thereby rendering the claim indefinite.
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 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 11,759,664 to Trotter (“Trotter”).
Regarding claim 1, Trotter discloses an unmanned aerial vehicle (UAV) comprising: a fuselage body including: a cavity that forms a cargo bay for transporting a payload (FIG. 4), and a lower access opening providing an exit for the payload from the cargo bay (FIG. 4), the lower access opening including a lower cargo bay door (8, 10); an actuator (12) positioned in the fuselage body; a linkage assembly (22, 24, 26, 28) connected to the actuator and connected to the lower cargo bay door (FIGS. 4-7); wherein the actuator and linkage assembly are operable to open and/or close the lower cargo bay door (FIGS. 4-7); and wherein the linkage assembly includes an upwardly extending member (upper portion of 22) that cooperates with the actuator, and the linkage assembly also includes a lower extending member (lower portion of 22) attached to the upwardly extending member, the lower extending member having a first end pivotally attached to a first end of a first linkage arm (26, FIGS. 4-7); the first linkage arm having a second end pivotally attached to the lower cargo bay door (FIGS. 4-7).
Regarding claim 2, Trotter discloses wherein the lower cargo bay door includes a first door (8) rotatably attached to a first side of a bottom of the cargo bay, and a second door (10) rotatably attached to a second side of the bottom of the cargo bay; wherein the second end of the first linkage arm (26) is pivotally attached to the first door of the lower cargo bay door (FIGS. 4-7); and wherein the horizontally extending member has a second end pivotally attached to a first end of a second linkage arm; the second linkage arm having a second end pivotally attached to the second door of the lower cargo bay door (FIGS. 4-7).
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.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Trotter, as applied to claim 1 above.
Regarding claim 3, Trotter teaches each and every element of claim 1, as discussed above, and it teaches wherein the upwardly extending member (upper portion of 22) of the linkage assembly cooperates and attaches to the actuator to provide relative up and down movement of the upwardly extending member of the linkage assembly to provide for opening and closing the lower cargo bay door (FIGS. 4-7).
Trotter does not explicitly teach wherein the upwardly extending member of the linkage assembly has teeth that cooperate with a geared pinion attached to the actuator. It is well settled, however, that substituting one equivalent component for another is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular component was significant. MPEP at 2144.06, citing Smith v. Hayashi, 209 USPQ 754 (Bd. of Pat. Inter. 1980). In this case, applicant has not shown patentable significance of teeth and a geared pinion, rather than the attachment arrangement of Trotter (see, e.g., applicant’s specification at ¶¶ [0168]-[0169]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the aerial vehicle of Trotter so that the upwardly extending member of the linkage assembly has teeth that cooperate with a geared pinion attached to the actuator, in order to make the attachment arrangement stronger and more stable.
Regarding claim 4, Trotter, as modified, teaches each and every element of claim 3, as discussed above, and it teaches wherein the upwardly extending member is upwardly movable to push open an upper access door of the cargo bay to allow for the loading of the payload into the cargo bay (FIGS. 4-7; note: the claim does not positively recite an upper access door, and the upwardly extending member of Trotter is upwardly movable).
Allowable Subject Matter
Claims 5-16 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to disclose or render obvious each and every element of independent claim 5. Trotter is the closest prior art. While Trotter discloses many of the elements recited in claim 5 (see, e.g., analysis of claims 1-4 above), Trotter does not disclose or render obvious an aerial vehicle including an upper access opening providing an entrance for the payload into the cargo bay, the upper access opening including an upper cargo bay door; an actuator positioned in the fuselage body; a cam coupled to the actuator so as to be rotatable by the actuator; a first linkage assembly connected to the actuator via the cam and connected to the lower cargo bay door; a second linkage assembly connected to the actuator via the cam and connected to the upper cargo bay door; wherein the actuator, cam; wherein the actuator, cam, and second linkage assembly are operable to open and/or close both the lower cargo bay door and the upper cargo bay door; and wherein the cam is rotatable by the actuator to: a first position where the upper cargo bay door is in an open position for receiving the payload, and the lower cargo bay door is in a closed position; a second position where the upper cargo bay door is in a closed position and the lower cargo bay door is in a closed position during transport, and a third position where the lower cargo bay door is in an open position for dropping the payload. Modifying the teachings of Trotter to arrive at the claimed invention would require impermissible hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references disclose cargo bay doors for aerial vehicles with linkage assemblies: ((US-3966144-A OR US-11840340-B2 OR US-5967462-A OR US-3423053-A OR US-5326053-A OR US-11046433-B2 OR US-4936389-A OR US-10273003-B2 OR US-11542742-B2 OR US-11987359-B2 OR US-9561852-B1 OR US-4161301-A OR US-3688952-A OR US-11759664-B2 OR US-8640782-B2 OR US-10556709-B1 OR US-9346546-B2 OR US-10053217-B2 OR US-11279484-B2 OR US-4484846-A OR US-5975463-A OR US-11370544-B2 OR US-3776492-A OR US-8020667-B2 OR US-11401035-B2 OR US-4858855-A OR US-3051419-A OR US-5775641-A OR US-8864079-B2 OR US-6889776-B2 OR US-5279481-A OR US-12017773-B2 OR US-4349168-A).did. AND USPT.dbnm.) OR ((US-20210171195-A1 OR US-20200047353-A1 OR US-20230271703-A1 OR US-20200010196-A1 OR US-20020084383-A1 OR US-20220363403-A1 OR US-20120199064-A1 OR US-20260097246-A1).did. AND PGPB.dbnm.)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARISA CONLON whose telephone number is (571)272-4387. The examiner can normally be reached Mon-Fri 9:00-6:00.
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/MARISA V CONLON/Primary Examiner, Art Unit 3643