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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11,772,774 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the Instant Application are broader and thus fully met and the apparatus of the parent claims meets the limitations of the Instant Application.
Regarding claim 1
Patent (774) teaches a method comprising: receiving a spar of a wing panel at an opening of each rib mounting flange of one or more rib mounting flanges; and attaching a battery to a plurality of pieces of each rib mounting flange. (See claim 1)
Regarding claim 2
Patent (774) teaches further comprising: receiving cross-bracing cables at one or more holes of each rib mounting flange. (See claim 1)
Regarding claim 3
Patent (774) teaches further comprising: connecting the rib mounting flange to an adjacent rib mounting flange via one or more holes of each rib mounting flange. (See claim 1)
Regarding claim 4
Patent (774) teaches further comprising: attaching each rib member of one or more rib members to each rib mounting flange. (See claim 3)
Regarding claim 5
Patent (774) teaches further comprising: transferring a load, by each rib mounting flange, from a rib member of the one or more rib members to the rib mounting flange and then to the received spar. (See claim 2)
Regarding claim 6
Patent (774) teaches further comprising: attaching each rib member to each rib mounting flange via an adhesive. (See claim 4)
Regarding claim 7
Patent (774) teaches further comprising: attaching each of the plurality of pieces around the spar to connect the rib mounting flange to the spar; and adapting the plurality of pieces to a varying spar profile. (See claim 5)
Regarding claim 8
Patent (774) teaches wherein an outside surface of the spar is irregular. (See claim 6)
Regarding claim 9
Patent (774) teaches wherein each rib mounting flange is made of carbon fiber and epoxy. (See claim 7)
Regarding claim 10
Patent (774) teaches wherein an outside diameter of the spar matches a diameter of the opening. (See claim 8)
Regarding claim 11
Patent (774) teaches a method comprising: attaching each rib member of one or more rib members to each rib mounting flange of one or more rib mounting flanges, wherein the one or more rib mounting flanges comprise: an inboard end rib flange and an outboard end rib flange; connecting, by a center compression rib flange, a center compression rib member to one or more spars, wherein the one or more rib members comprise a center compression rib member, wherein the one or more rib mounting flanges further comprise a center compression rib flange, wherein one or more wing panels comprising one or more spars, and wherein the center compression rib flange is located proximate a center of the one or more wing panels; and connecting one or more cross-bracing cables between the inboard end rib flange, the center compression rib flange, and the outboard rib flange. (See claim 9)
Regarding claim 12
Patent (774) teaches further comprising: absorbing cross-bracing loads by the outboard end rib member, center compression rib member, and inboard end rib member; and transferring the absorbed cross-bracing loads to the one or more spars. (See claim 9)
Regarding claim 13
Patent (774) teaches further comprising: connecting, by the inboard end rib flange, the inboard end rib member to the one or more spars. (See claim 9)
Regarding claim 14
Patent (774) teaches wherein the inboard end rib flange is located proximate a connection between two adjacent wing panels of the one or more wing panels. (See claim 9)
Regarding claim 15
Patent (774) teaches further comprising: connecting, by the outboard end rib flange, the outboard end rib member to the one or more spars, wherein the one or more rib members comprise an outboard end rib member. (See claim 9)
Regarding claim 16
Patent (774) teaches wherein the outboard end rib flange is located proximate an end of the one or more wing panels. (See claim 9)
Regarding claim 17
Patent (774) teaches further comprising: transferring a load, by each of the one or more rib mounting flanges, from the one or more rib members to the rib mounting flange and then to a main spar, wherein the one or more spars comprise the main spar. (See claim 10)
Regarding claim 18
Patent (774) teaches further comprising: attaching each of the plurality of pieces around the one or more spars to connect the rib mounting flange to the one or more spars; and adapting the plurality of pieces to a varying main profile of the one or more spars. (See claim 11)
Regarding claim 19
Patent (774) teaches wherein an outside surface of a main spar of the one or more spars is irregular. (See claim 12)
Regarding claim 20
Patent (774) teaches wherein the one or more rib mounting flanges further comprise two or more light weight rib flanges, wherein the two or more light weight rib flanges connect the one or more rib members to the one or more spars, and wherein the two or more light weight rib flanges are located between the inboard end rib member and the center compression rib member and the center compression rib member and the outboard end rib member. (See claim 13)
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,187,423 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the Instant Application are broader and thus fully met and the apparatus of the parent claims meets the limitations of the Instant Application.
Regarding claim 1
Patent (423) teaches a method comprising: receiving a spar of a wing panel at an opening of each rib mounting flange of one or more rib mounting flanges; and attaching a battery to a plurality of pieces of each rib mounting flange. (See claim 1)
Regarding claim 2
Patent (423) teaches further comprising: receiving cross-bracing cables at one or more holes of each rib mounting flange. (See claim 2)
Regarding claim 3
Patent (423) teaches further comprising: connecting the rib mounting flange to an adjacent rib mounting flange via one or more holes of each rib mounting flange. (See claim 3)
Regarding claim 4
Patent (423) teaches further comprising: attaching each rib member of one or more rib members to each rib mounting flange. (See claim 5)
Regarding claim 5
Patent (423) teaches further comprising: transferring a load, by each rib mounting flange, from a rib member of the one or more rib members to the rib mounting flange and then to the received spar. (See claim 4)
Regarding claim 6
Patent (423) teaches further comprising: attaching each rib member to each rib mounting flange via an adhesive. (See claim 6)
Regarding claim 7
Patent (423) teaches further comprising: attaching each of the plurality of pieces around the spar to connect the rib mounting flange to the spar; and adapting the plurality of pieces to a varying spar profile. (See claim 7)
Regarding claim 8
Patent (423) teaches wherein an outside surface of the spar is irregular. (See claim 8)
Regarding claim 9
Patent (423) teaches wherein each rib mounting flange is made of carbon fiber and epoxy. (See claim 9)
Regarding claim 10
Patent (423) teaches wherein an outside diameter of the spar matches a diameter of the opening. (See claim 10)
Regarding claim 11
Patent (423) teaches a method comprising: attaching each rib member of one or more rib members to each rib mounting flange of one or more rib mounting flanges, wherein the one or more rib mounting flanges comprise: an inboard end rib flange and an outboard end rib flange; connecting, by a center compression rib flange, a center compression rib member to one or more spars, wherein the one or more rib members comprise a center compression rib member, wherein the one or more rib mounting flanges further comprise a center compression rib flange, wherein one or more wing panels comprising one or more spars, and wherein the center compression rib flange is located proximate a center of the one or more wing panels; and connecting one or more cross-bracing cables between the inboard end rib flange, the center compression rib flange, and the outboard rib flange. (See claim 11)
Regarding claim 12
Patent (423) teaches further comprising: absorbing cross-bracing loads by the outboard end rib member, center compression rib member, and inboard end rib member; and transferring the absorbed cross-bracing loads to the one or more spars. (See claim 11)
Regarding claim 13
Patent (423) teaches further comprising: connecting, by the inboard end rib flange, the inboard end rib member to the one or more spars. (See claim 12)
Regarding claim 14
Patent (423) teaches wherein the inboard end rib flange is located proximate a connection between two adjacent wing panels of the one or more wing panels. (See claim 13)
Regarding claim 15
Patent (423) teaches further comprising: connecting, by the outboard end rib flange, the outboard end rib member to the one or more spars, wherein the one or more rib members comprise an outboard end rib member. (See claims 14 & 15)
Regarding claim 16
Patent (423) teaches wherein the outboard end rib flange is located proximate an end of the one or more wing panels. (See claim 16)
Regarding claim 17
Patent (423) teaches further comprising: transferring a load, by each of the one or more rib mounting flanges, from the one or more rib members to the rib mounting flange and then to a main spar, wherein the one or more spars comprise the main spar. (See claim 17)
Regarding claim 18
Patent (423) teaches further comprising: attaching each of the plurality of pieces around the one or more spars to connect the rib mounting flange to the one or more spars; and adapting the plurality of pieces to a varying main profile of the one or more spars. (See claim 18)
Regarding claim 19
Patent (423) teaches wherein an outside surface of a main spar of the one or more spars is irregular. (See claim 19)
Regarding claim 20
Patent (423) teaches wherein the one or more rib mounting flanges further comprise two or more light weight rib flanges, wherein the two or more light weight rib flanges connect the one or more rib members to the one or more spars, and wherein the two or more light weight rib flanges are located between the inboard end rib member and the center compression rib member and the center compression rib member and the outboard end rib member. (See claim 20)
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,534,181 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the Instant Application are broader and thus fully met and the apparatus of the parent claims meets the limitations of the Instant Application.
Regarding claim 1
Patent (181) teaches a method comprising: receiving a spar of a wing panel at an opening of each rib mounting flange of one or more rib mounting flanges; and attaching a battery to a plurality of pieces of each rib mounting flange. (See claim 1)
Regarding claim 2
Patent (181) teaches further comprising: receiving cross-bracing cables at one or more holes of each rib mounting flange. (See claim 2)
Regarding claim 3
Patent (181) teaches further comprising: connecting the rib mounting flange to an adjacent rib mounting flange via one or more holes of each rib mounting flange. (See claim 3)
Regarding claim 4
Patent (181) teaches further comprising: attaching each rib member of one or more rib members to each rib mounting flange. (See claim 4)
Regarding claim 5
Patent (181) teaches further comprising: transferring a load, by each rib mounting flange, from a rib member of the one or more rib members to the rib mounting flange and then to the received spar. (See claim 5)
Regarding claim 6
Patent (181) teaches further comprising: attaching each rib member to each rib mounting flange via an adhesive. (See claim 6)
Regarding claim 7
Patent (181) teaches further comprising: attaching each of the plurality of pieces around the spar to connect the rib mounting flange to the spar; and adapting the plurality of pieces to a varying spar profile. (See claim 7)
Regarding claim 8
Patent (181) teaches wherein an outside surface of the spar is irregular. (See claim 8)
Regarding claim 9
Patent (181) teaches wherein each rib mounting flange is made of carbon fiber and epoxy. (See claim 9)
Regarding claim 10
Patent (181)teaches wherein an outside diameter of the spar matches a diameter of the opening. (See claim 10)
Regarding claim 11
Patent (181) teaches a method comprising: attaching each rib member of one or more rib members to each rib mounting flange of one or more rib mounting flanges, wherein the one or more rib mounting flanges comprise: an inboard end rib flange and an outboard end rib flange; connecting, by a center compression rib flange, a center compression rib member to one or more spars, wherein the one or more rib members comprise a center compression rib member, wherein the one or more rib mounting flanges further comprise a center compression rib flange, wherein one or more wing panels comprising one or more spars, and wherein the center compression rib flange is located proximate a center of the one or more wing panels; and connecting one or more cross-bracing cables between the inboard end rib flange, the center compression rib flange, and the outboard rib flange. (See claim 11)
Regarding claim 12
Patent (181) teaches further comprising: absorbing cross-bracing loads by the outboard end rib member, center compression rib member, and inboard end rib member; and transferring the absorbed cross-bracing loads to the one or more spars. (See claim 11)
Regarding claim 13
Patent (181) teaches further comprising: connecting, by the inboard end rib flange, the inboard end rib member to the one or more spars. (See claim 12)
Regarding claim 14
Patent (181) teaches wherein the inboard end rib flange is located proximate a connection between two adjacent wing panels of the one or more wing panels. (See claim 13)
Regarding claim 15
Patent (181) teaches further comprising: connecting, by the outboard end rib flange, the outboard end rib member to the one or more spars, wherein the one or more rib members comprise an outboard end rib member. (See claim 14)
Regarding claim 16
Patent (181) teaches wherein the outboard end rib flange is located proximate an end of the one or more wing panels. (See claim 15)
Regarding claim 17
Patent (181) teaches further comprising: transferring a load, by each of the one or more rib mounting flanges, from the one or more rib members to the rib mounting flange and then to a main spar, wherein the one or more spars comprise the main spar. (See claim 16)
Regarding claim 18
Patent (181) teaches further comprising: attaching each of the plurality of pieces around the one or more spars to connect the rib mounting flange to the one or more spars; and adapting the plurality of pieces to a varying main profile of the one or more spars. (See claim 17)
Regarding claim 19
Patent (181) teaches wherein an outside surface of a main spar of the one or more spars is irregular. (See claim 18)
Regarding claim 20
Patent (181) teaches wherein the one or more rib mounting flanges further comprise two or more light weight rib flanges, wherein the two or more light weight rib flanges connect the one or more rib members to the one or more spars, and wherein the two or more light weight rib flanges are located between the inboard end rib member and the center compression rib member and the center compression rib member and the outboard end rib member. (See claim 19)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The reference Kruse et al. (Pub No. US 2013/0240671 A1) discloses an aircraft, a wing panel, a plurality of spars, a plurality of ribs, a main spar, an inboard, center compression, and outboard ribs, a plurality of rib mounting flanges, a spar opening, and a plurality of pieces of the rib mounting flanges. The references Clark et al. (US Patent No. 1,556,589) & Lobelle (GB Patent No. 808,852 A) each disclose an aircraft, a wing panel, spars, ribs, rib mounting flanges, cross-bracing cables, and the cables connect one flange to the next flange. The reference Kallinen (US Patent No. 6,386,481 B1) discloses an aircraft, and appropriate fastening elements can be rivets, screws, or glue/adhesive. The reference Blevins et al. (Pub No. US 2018/0118327 A1) discloses an aircraft, a plurality of ribs including an inboard end rib member, a plurality of rib mounting flanges including an inboard end rib flange, and the connection of the inboard end rib member and the inboard end rib flange is proximate between two adjacent wing panels. The reference Hamilton (US Patent No. 4,739,954) discloses an aircraft, a wing, a wing panel, ribs, spars, a plurality of rib mounting flanges w/spar openings, and a plurality of holes for connecting the rib mounting flange to an adjacent rib mounting flange. The reference Elson et al. (Pub No. US 2020/0148327 A1) discloses an aircraft, a wing, a wing panel, ribs, a main spar, a plurality of rib mounting flanges w/spar openings, and a cross-bracing tube that passes through holes in the ribs not the rib mounting flanges.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY ANDREW BONNETTE whose telephone number is (571)270-7556. The examiner can normally be reached M-Th 6:30 am - 5:00 pm.
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/RODNEY A BONNETTE/Primary Examiner, Art Unit 3647
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