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 of the following minor informalities:
In FIG. 3C, reference number 306 does not appear to be supported in the specification;
In FIGS. 4A and 4C, reference number 410 does not appear to be supported in the specification;
In FIG. 7, reference number 202 is used, however FIG. 2 and the specification use reference number 202 to refer to the Earth 202; and
In FIG. 7, reference number 706 does not appear to be supported in the specification.
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.
Specification
The disclosure is objected to because of the following minor informality: starting in paragraph [0113], the reference numbers in the 600s (such as solar sail 600, vane 602, etc.) are not present in the figures.
Appropriate correction is required.
Claim Objections
Claims 1, 9, and 11 are objected to because of the following informalities:
In claim 1, “An solar sail structure” appears as if it should read “A solar sail structure” or equivalent;
In claim 9, “A method of passively controller a solar sail” appears as if it should instead read “A method of passively controlling a solar sail” or equivalent; and
In claim 11, “from the second position to the second position” appears as if it should instead read “from the second position to the first position” or equivalent (See paragraph [0023] of the instant application where Applicant describes “transitioning the one or more vanes associated with the one or more controllers from the second position to the first position”).
For the purpose of examination below, the Examiner interprets the claims as if they read according to the suggested corrections.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 1-7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Barnes (US 2019/0144141 A1), in view of Johnson (US 2007/0137740 A1).
Regarding claim 1, the Examiner notes that “controller” as recited in the claims is not interpretated as necessarily referring to a controller as a hardware computing component, but as any system which controls movement of the vanes; see for example instant paragraphs [0040-0046] where Applicant describes embodiments of the controller such as various systems which utilize shape memory alloy (SMA) springs.
Barnes discloses a solar sail structure (In paragraph [0012], Barnes discloses a solar sail 100), comprising:
one or more vanes (In paragraph [0012], Barnes discloses that the solar sail 202 is subdivided into separate individual vanes, where a support may be actuated to move the vane relative to the bus in any orientation, with 1 to 6 degrees of freedom); and
a controller (In paragraph [0018], Barnes discloses that an actuator may be turned on to move the vane from one orientation to another),
wherein the controller is configured to rotate the vane to position the vane in a first orientation or a second orientation (In paragraph [0018], Barnes discloses that an actuator may be turned on to move the vane from one orientation to another).
Barnes does not disclose wherein the controller comprises distinct first and second controllers configured to rotate the vane.
However, Johnson teaches a first controller (In paragraph [0166], Johnson teaches an actuator comprised of a main spring 102 formed of a hyperelastic SMA); and
a second controller (In paragraph [0166], Johnson teaches a bias coil spring 110 is mounted within the housing on a side of the plunger opposite the main spring),
wherein the first controller and second controller are configured to rotate the vane (In paragraph [0167], Johnson teaches that in standby mode before actuation, main spring 102 is in its low temperature martensite crystal phase with a strength which is sufficiently low to enable the bias spring to drive against and hold the main spring in its standby mode, and after actuation by being heated by a suitable heater (not shown) above the SMA’s phase transition temperature, the SMA then reverts to its austenite phase so that the main spring elongates to its memory shape and thereby forcefully acts against and moves the plunger out while also compressing the bias spring; see paragraph [0037] of Barnes, where Barnes suggests that the vanes have the ability to articulate and thereby turn off or modulate the amount, location, and vector of thrust being applied to the spacecraft bus, and in one implementation, the vane is attached to the spacecraft bus through a 1 DOF actuator that allows the vane surface to be positioned normal to or parallel with the Sun's light (rotate)).
Johnson is considered to be analogous to the claimed invention in that they both pertain to mechanical devices for aerospace application. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Johnson with the structure as disclosed by Barnes, where the Examiner understands that the use of SMA actuators is well understood in the art and may be implemented without undue experimentation, and with a reasonable expectation of success and predictable results. See for example paragraph [0029] of Barnes, where Barnes suggests that a shape memory material may be used for all or only portions of the support structure. Implementing the teachings of Johnson may be advantageous in that hyperelastic SMA components “may be employed as a significantly improved replacement actuator or flexure over prior art SMA actuator applications” as suggested by Johnson in paragraph [0056], where “the advantage from hyperelastic SMA is its use in various cryogenic applications such as those aboard spacecraft which require cooling of certain instruments and sensors to very cold temperatures” as suggested by Johnson in paragraph [0047] and where “Single crystal SMA hyperelastic components of mechanical devices generally provide a significant advantage over other device components currently available because they enable large displacement at constant force” as suggested by Johnson in paragraph [0055].
Regarding claim 2, the combination of Barnes and Johnson further discloses wherein the first controller comprises a shape memory material (In paragraph [0166], Johnson teaches an actuator comprised of a main spring 102 formed of a hyperelastic SMA).
Regarding claim 3, the combination of Barnes and Johnson further discloses wherein the first controller comprises a first one or more springs and the second controller comprises a second one or more springs (In paragraph [0166], Johnson teaches an actuator comprised of a main spring 102 formed of a hyperelastic SMA and a bias coil spring 110 is mounted within the housing on a side of the plunger opposite the main spring).
Regarding claim 4, the combination of Barnes and Johnson further discloses wherein the first controller comprises a one way shape memory material (In paragraph [0047], Johnson teaches incorporating a biasing element, which overcomes the SMA when cold or martensitic, and establishes position one until the SMA is heated and overcomes the biasing element for driving the mechanism to position two).
Regarding claim 5, the combination of Barnes and Johnson further discloses wherein the second controller is a simple spring that does not comprise a shape memory material (In paragraph [0166], Johnson teaches a bias coil spring 110 is mounted within the housing on a side of the plunger opposite the main spring).
Regarding claim 6, the combination of Barnes and Johnson further discloses wherein the shape memory material comprises a remembered configuration when the shape memory material is in a transition temperature range (In paragraph [0167], Johnson teaches that in standby mode before actuation, main spring 102 is in its low temperature martensite crystal phase with a strength which is sufficiently low to enable the bias spring to drive against and hold the main spring in its standby mode, and after actuation by being heated by a suitable heater (not shown) above the SMA’s phase transition temperature, the SMA then reverts to its austenite phase so that the main spring elongates to its memory shape and thereby forcefully acts against and moves the plunger out while also compressing the bias spring).
Regarding claim 7, the combination of Barnes and Johnson further discloses wherein the remembered configuration comprises a shortened spring length (In paragraph [0167], Johnson teaches that in standby mode before actuation, main spring 102 is in its low temperature martensite crystal phase with a strength which is sufficiently low to enable the bias spring to drive against and hold the main spring in its standby mode, and after actuation by being heated by a suitable heater (not shown) above the SMA’s phase transition temperature, the SMA then reverts to its austenite phase so that the main spring elongates to its memory shape and thereby forcefully acts against and moves the plunger out while also compressing the bias spring).
The Examiner understands in this case the “shortened spring length” to be a shortened spring length of the bias spring which is compressed. See also Rutland (US 11,174,848 B1) listed in the Conclusion section below which is not relied upon but considered pertinent to applicant's disclosure, which teaches for example in column 12 lines 20-39 an embodiment where a shape memory actuator 250-1 may contract and return to the first configuration to orient a vehicle element, along with a bias element 252, e.g., extension spring member.
Regarding claim 9, Barnes discloses a method of passively controlling a solar sail, comprising:
providing a solar sail having a controller to control a position of a vane (In paragraph [0012], Barnes discloses that the solar sail 202 is subdivided into separate individual vanes, where a support may be actuated to move the vane relative to the bus in any orientation, with 1 to 6 degrees of freedom);
deploying the solar sail in an orbit (In paragraph [0048], Barnes discloses that the exemplary embodiments described herein for navigation in Earth orbit, where exemplary embodiments may selectively navigate the solar sail within a single orbit, and in this case, the vanes may be positioned to provide thrust in a desired direction to navigate the sail within a single orbital sphere, and/or to transition between orbital spheres);
wherein the controller is configured to transition and control a position of the vane depending on a position of the solar sail in the orbit (In paragraph [0018], Barnes discloses that an actuator may be turned on to move the vane from one orientation to another; in paragraph [0047], Barnes teaches that any combination of vane orientations along the orbit may be used to control the position of the sail within the planetary orbit).
Although in paragraph [0029] Barnes suggests that a shape memory material may be used for all or only portions of the support structure, Barnes does not explicitly disclose the controller having a shape memory material;
wherein the controller is configured to transition and control a position of the vane based on a temperature experienced by the controller.
However, Johnson teaches the controller having a shape memory material (In paragraph [0167], Johnson teaches that in standby mode before actuation, main spring 102 is in its low temperature martensite crystal phase with a strength which is sufficiently low to enable the bias spring to drive against and hold the main spring in its standby mode, and after actuation by being heated by a suitable heater (not shown) above the SMA’s phase transition temperature, the SMA then reverts to its austenite phase so that the main spring elongates to its memory shape and thereby forcefully acts against and moves the plunger out while also compressing the bias spring);
wherein the controller is configured to transition and control a position of the vane based on a temperature experienced by the controller (In paragraph [0167], Johnson teaches that in standby mode before actuation, main spring 102 is in its low temperature martensite crystal phase with a strength which is sufficiently low to enable the bias spring to drive against and hold the main spring in its standby mode, and after actuation by being heated by a suitable heater (not shown) above the SMA’s phase transition temperature, the SMA then reverts to its austenite phase so that the main spring elongates to its memory shape and thereby forcefully acts against and moves the plunger out while also compressing the bias spring; see paragraph [0037] of Barnes, where Barnes suggests that the vanes have the ability to articulate and thereby turn off or modulate the amount, location, and vector of thrust being applied to the spacecraft bus, and in one implementation, the vane is attached to the spacecraft bus through a 1 DOF actuator that allows the vane surface to be positioned normal to or parallel with the Sun's light (rotate)).
Johnson is considered to be analogous to the claimed invention in that they both pertain to mechanical devices for aerospace application utilizing shape memory material. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Johnson with the method as disclosed by Barnes, where the Examiner understands that the use of SMA actuators is well understood in the art and may be implemented without undue experimentation, and with a reasonable expectation of success and predictable results. Implementing the teachings of Johnson may be advantageous in that hyperelastic SMA components “may be employed as a significantly improved replacement actuator or flexure over prior art SMA actuator applications” as suggested by Johnson in paragraph [0056], where “the advantage from hyperelastic SMA is its use in various cryogenic applications such as those aboard spacecraft which require cooling of certain instruments and sensors to very cold temperatures” as suggested by Johnson in paragraph [0047] and where “Single crystal SMA hyperelastic components of mechanical devices generally provide a significant advantage over other device components currently available because they enable large displacement at constant force” as suggested by Johnson in paragraph [0055].
Regarding claim 10, the combination of Barnes and Johnson further discloses wherein the controller is configured to transition and control a position of the vane from a first position to a second position when the shape memory material is above a first temperature (In paragraph [0167], Johnson teaches that after actuation by being heated by a suitable heater (not shown) above the SMA’s phase transition temperature, the SMA then reverts to its austenite phase so that the main spring elongates to its memory shape and thereby forcefully acts against and moves the plunger out while also compressing the bias spring).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Barnes (US 2019/0144141 A1) and Johnson (US 2007/0137740 A1), in view of Koehler (US 2015/0285228 A1).
Regarding claim 8, the combination of Barnes and Johnson further discloses an enclosure around the first controller (In paragraph [0166], Johnson discloses that the actuator is mounted coaxially within a cylindrical shell housing 104).
The combination of Barnes and Johnson does not explicitly disclose wherein the enclosure is a temperature enclosure.
However, Koehler teaches a temperature enclosure around the first controller (In paragraph [0054], Koehler teaches that a thermal insulator can be incorporated into the mechanical actuator 610 which utilizes a shape memory member 602, where in one example, the thermal insulation is incorporated into the outer housing 690 of the mechanical actuator 610, such as about an interior and/or exterior of the outer housing 690).
Koehler is considered to be analogous to the claimed invention in that they both pertain to enclosures which control temperature for an actuator which utilizes a shape memory element. It would be obvious to a person having ordinary skill in the art before the effective filing date of he claimed invention to implement the teachings of Koehler with the structure as disclosed by the combination of Barnes and Johnson where doing so may advantageously “isolate the shape memory member 602 from ambient temperatures exterior to the mechanical actuator 610” as suggested by Koehler in paragraph [0054], improving the amount of control over the temperature in the enclosure and thereby control of the shape memory material which is actuated by temperature change, for example.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Barnes (US 2019/0144141 A1) and Johnson (US 2007/0137740 A1), in view of Mankame (US 2014/0026679 A1).
Regarding claim 11, the combination of Barnes and Johnson further discloses wherein the controller is configured to transition and control the position of the vane from the second position to the first position when the shape memory material is below the first temperature (In paragraph [0167], Johnson teaches that in standby mode before actuation, main spring 102 is in its low temperature martensite crystal phase with a strength which is sufficiently low to enable the bias spring to drive against and hold the main spring in its standby mode, and after actuation by being heated by a suitable heater (not shown) above the SMA’s phase transition temperature, the SMA then reverts to its austenite phase so that the main spring elongates to its memory shape and thereby forcefully acts against and moves the plunger out while also compressing the bias spring).
Although the Examiner understands that SMA materials may be generally understood to have a transition phase in which a range of temperatures transitions the material, the combination of Barnes and Johnson does not explicitly disclose wherein the controller is configured to transition and control the position of the vane from the second position to the first position when the shape memory material is below a second temperature, below the first temperature.
However, Mankame teaches wherein the controller is configured to transition and control the position of the vane from the second position to the first position when the shape memory material is below a second temperature, below the first temperature (In paragraphs [0018-0019], Mankame teaches that when the shape memory alloy is in the Austenite phase and is cooled, it begins to change into the Martensite phase, and the temperature at which this phenomenon starts is referred to as the Martensite start temperature and the temperature at which Austenite finishes transforming to Martensite is called the Martensite finish temperature; see also paragraph [0020] which teaches that active materials comprising shape memory alloy compositions that exhibit one-way memory effects do not automatically reform, and require an external mechanical force to return the shape to its previous configuration).
Mankame is considered to be analogous to the claimed invention in that they both pertain to transitioning a shape memory material between phases via dropping its temperature below a second temperature that is below a first temperature. It would be obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement the teachings of Mankame with the method as disclosed by the combination of Barnes and Johnson, where doing so may advantageously ensure that the shape memory material transitional phase is complete, for example, further establishing that the shape memory material behaves consistently and predictably outside of its transition.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sun (US 2025/0222596 A1) teaches a space flexible gripper driven by tiny energy.
Koulouh (US 2025/0102130 A1) teaches a device for dehumidifying a closed casing.
Guzik (US 12,030,672 B1) teaches an apparatus and method for on-demand retention, release, and positioning of space structures and components of same.
Rutland (US 11,174,848 B1) teaches controlling aerial vehicle components using shape memory actuators, and where a shape memory actuator may contract and return to the first configuration to orient a vehicle element, along with a bias element, e.g., extension spring member.
Takahashi (US 2009/0302708 A1) teaches a shape memory alloy actuator.
Taylor (US 2009/0213031 A1) teaches a furlable shape-memory reflector.
Ohnishi (US 2008/0257525 A1) teaches a thermal control apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Harrison Heflin whose telephone number is (571)272-5629. The examiner can normally be reached Monday - Friday, 1:00PM - 10:00PM EST.
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) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached at 571-272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HARRISON HEFLIN/ Examiner, Art Unit 3665
/HUNTER B LONSBERRY/ Supervisory Patent Examiner, Art Unit 3665
