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 .
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 9 is 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.
In claim 9, line 1, there appears to be a typo. It is unclear what is supposed to follow “according to” in claim 9, line 1. For compact prosecution, the Examiner is interpreting “according to” in claim 9, line 1, as -- according to claim 1 --.
The term “approximately” in the claims is normally a relative term which would render the claim indefinite. However, the term “approximately” is defined by the specification in paragraph 0012 as being within =/- 15% deviations and as such is not a relative term and not a 112 issue.
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 & 9-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilcynski (Pub No. US 2008/0315036 A1).
Regarding claim 1
Wilcynski teaches a cabin cross-section (See figures 2-5B, cross-section of fuselage 102) of a commercial aircraft, (See figures 1, ref # 100) the cross-section comprising: a first lateral seating zone; (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) a central seating zone; (See figures 4A, 4D, & 4E, ref # L4, L9, & L11) a second lateral seating zone; (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) a first aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) between the first lateral seating zone (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) and the central seating zone; (See figures 4A, 4D, & 4E, ref # L4, L9, & L11) and a second aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) between the second lateral seating zone (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) and the central seating zone; (See figures 4A, 4D, & 4E, ref # L4, L9, & L11) wherein the first lateral seating zone (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) comprises a single seat (See figures 4A, 4D, & 4E, ref # 140b, 140e, & 140f) per seat row; and the second lateral seating zone (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) also comprises a single seat (See figures 4A, 4D, & 4E, ref # 140b, 140e, & 140f) per seat row. (See paragraphs 0014-0015, 0027-0028, & 0033-0036)
Regarding claim 2
Wilcynski teaches wherein the first aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) and the second aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) each provides a free standing height (H) of approximately 1850 mm in an area next to the respective lateral seating zone; (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) and wherein the free standing height is provided along the aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) across a width (W) of at least approximately 500 mm (20 inches). (See paragraph 0017, 0028, 0034, & 0036)
Regarding claim 3
Wilcynski teaches wherein the first aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) and the second aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) each defines a footprint of a space-envelope extending vertically from a floor area (See figures 4A, 4D, & 4E, ref # 114) of the first aisle (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) and the second aisle; (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) and wherein the space-envelope has a height of approximately 1850 mm and virtually touches an inner cabin lining (See figures 4A, 4D, & 4E, ref # 112) on one of its lateral upper edges. (See figures 4A, 4D, & 4E, ref # 112b)
Regarding claim 4
Wilcynski teaches wherein an area above the first lateral seating zone (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) is free of a stowage-zone; and wherein an area above the second lateral seating zone (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) is free of a stowage-zone.
Regarding claim 5
Wilcynski teaches wherein a central stowage zone (See figures 4A, 4D, & 4E, ref # 122) is arranged in an area above the central seating zone; (See figures 4A, 4D, & 4E, ref # L4, L9, & L11) and wherein overhead stowage compartments (See figures 4A, 4D, & 4E, ref # 126) are provided at least along a part of the central stowage zone. (See figures 4A, 4D, & 4E, ref # 122)
Regarding claim 6
Wilcynski teaches further comprising a cabin lining (See figures 4A, 4D, & 4E, ref # 112) having a first curved lateral part (See figures 4A, 4D, & 4E, ref # 112b) and a second curved lateral part, (See figures 4A, 4D, & 4E, ref # 112b) both connected via an upper ceiling part; (See figures 4A, 4D, & 4E, ref # 122) wherein a central area of the upper ceiling part (See figures 4A, 4D, & 4E, ref # 122) comprises a central interface: i) for mounting central overhead bins, (See figures 4A, 4D, & 4E, ref # 126) and/or ii) for connecting upper portions of monuments. (See figures 4A, 4D, & 4E)
Regarding claim 9
Wilcynski teaches wherein the central seating zone (See figures 4A, 4D, & 4E, ref # L4, L9, & L11) comprises four passenger seats (See figures 4A, 4D, & 4E, ref # 140b, 140e, & 140f) per seat row.
Regarding claim 10
Wilcynski teaches an aircraft cabin (See figures 1, ref # 120) of a commercial aircraft, (See paragraph 0003 & figures 1, ref # 100) the cabin (See figures 1, ref # 120) comprising: at least one passenger seating area (See figures 4A, 4D, & 4E, ref # L4, L9, & L11) with a plurality of rows of passenger seats (See figures 4A, 4D, & 4E, ref # 140b, 140e, & 140f) on a cabin floor; (See figures 4A, 4D, & 4E, ref # 114) wherein at least a part of the at least one passenger seating area (See figures 4A, 4D, & 4E, ref # L4, L9, & L11) comprises the cross-section. (See figures 4A, 4D, & 4E)
Regarding claim 11
Wilcynski teaches further comprising: a cabin lining (See figures 4A, 4D, & 4E, ref # 112) comprising: first and second lateral sidewall sections (See figures 4A, 4D, & 4E, ref # 112a & 112b) on both sides of an elongate cabin (See figures 4A, 4D, & 4E, ref # 120) space and upper ceiling sections (See figures 4A, 4D, & 4E, ref # 122) between the first and the second lateral sidewall sections, (See figures 4A, 4D, & 4E, ref # 112a & 112b) the lateral sidewall sections (See figures 4A, 4D, & 4E, ref # 112a & 112b) and the upper ceiling section (See figures 4A, 4D, & 4E, ref # 122) enclosing the cabin space; (See figures 4A, 4D, & 4E, ref # 120) wherein at least a part of the first and second lateral sidewall sections (See figures 4A, 4D, & 4E, ref # 112a & 112b) forms a transition (See figures 4A, 4D, & 4E, ref # 112b) from a sidewall cabin lining portion (See figures 4A, 4D, & 4E, ref # 112) adjacent the seats (See figures 4A, 4D, & 4E, ref # 140b, 140e, & 140f) of the first and second lateral seating zones (See figures 4A, 4D, & 4E, ref # L3, L8, & L10) towards a ceiling cabin lining portion. (See figures 4A, 4D, & 4E, ref # 122)
Regarding claim 12
Wilcynski teaches an aircraft (See figures 1, ref # 100) for passenger transport, comprising: a fuselage structure; (See figures 1, ref # 102) and a cabin (See figures 1, ref # 120) accommodated with the fuselage structure; (See figures 1, ref # 102) wherein the cabin (See figures 1, ref # 120) comprises the cross-section at least along a part of the cabin. (See paragraph 0013 & figures 1, ref # 120)
Regarding claim 13
Wilcynski teaches wherein in the part of the cabin, (See figures 1, ref # 120) window seats (See figures 4A, 4D, & 4E, ref # 140b, 140e, & 140f) are having cabin wall segments (See figures 4A, 4D, & 4E, ref # 112a) with windows (See figure 1) on their outer lateral side and one of the two aisles (See figures 4A, 4D, & 4E, ref # A3, A6, & A7) on their inner lateral side.
Regarding claim 14
Wilcynski teaches wherein the aircraft (See paragraphs 0003, 0017 & figures 1 & 2, ref # 100) has a small-body cross-section (See paragraph 0017) with a diameter of maximum 3935 to 4217 mm (155 to 166 inches) when measured from an armrest facing the side wall lining (See figures 4A, 4D, & 4E, ref # 112) to the other armrest of the other seat (See figures 4A, 4D, & 4E, ref # 140b, 140e, & 140f) facing the opposite side wall lining; (See figures 4A, 4D, & 4E, ref # 112) and wherein the aircraft is a short-range aircraft. (See paragraph 0003 & figures 1, ref # 100)
Regarding claim 15
The operation of the apparatus of claim 1 meets the limitation of the method of claim 15.
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.
Claim(s) 7 & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilcynski (Pub No. US 2008/0315036 A1) as applied to claim 1 above, and further in view of Breuer et al. (Pub No. US 2012/0112505 A1).
Regarding claim 7
Wilcynski is silent about wherein the cabin lining comprises a first passenger supply unit above the first lateral seating zone and a second passenger supply unit above the second lateral seating zone.
However, Breuer teaches wherein the cabin lining comprises a first passenger supply unit above the first lateral seating zone and a second passenger supply unit above the second lateral seating zone. (See paragraphs 0036, 0039 & figures 6, 8, & 9; PSU; passenger service unit)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a cabin lining comprises a first passenger supply unit above the first lateral seating zone and a second passenger supply unit above the second lateral seating zone as taught by Breuer in the aircraft of Wilcynski, so as to provide passenger service/supply and grip rails. (See paragraph 0039)
Regarding claim 8
Wilcynski is silent about wherein a first light rail is arranged above the first lateral seating zone, and a second light rail is arranged above the second lateral seating zone; and wherein a first handrail is arranged above the first lateral seating zone and a second handrail is arranged above the second lateral seating zone.
However, Breuer teaches wherein a first light rail is arranged above the first lateral seating zone, and a second light rail is arranged above the second lateral seating zone; and wherein a first handrail is arranged above the first lateral seating zone and a second handrail is arranged above the second lateral seating zone. (See paragraphs 0036, 0039 & figures 6, 8, & 9; PSU; passenger service unit & grip rails)
Therefore it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have a first light rail is arranged above the first lateral seating zone, and a second light rail is arranged above the second lateral seating zone; and wherein a first handrail is arranged above the first lateral seating zone and a second handrail is arranged above the second lateral seating zone as taught by Breuer in the aircraft of Wilcynski, so as to provide passenger service/supply and grip rails. (See paragraph 0039)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The reference Jaeger et al. (Pub No. US 2007/0034742 A1) discloses an aircraft and method, a cabin cross-section of a commercial aircraft, the cross-section comprising: a first lateral seating zone; a central seating zone; a second lateral seating zone; a first aisle between the first lateral seating zone and the central seating zone; and a second aisle between the second lateral seating zone and the central seating zone; wherein the first lateral seating zone comprises a single seat per seat row, and the second lateral seating zone also comprises a single seat per seat row; wherein the first aisle and the second aisle each provides a free standing height (H) of approximately 1850 mm in an area next to the respective lateral seating zone; and wherein the free standing height is provided along the aisle across a width (W) of at least approximately 500 mm (20 inches); wherein the first aisle and the second aisle each defines a footprint of a space-envelope extending vertically from a floor area of the first aisle and the second aisle; and wherein the space-envelope has a height of approximately 1850 mm and virtually touches an inner cabin lining on one of its lateral upper edges; wherein an area above the first lateral seating zone is free of a stowage-zone; and wherein an area above the second lateral seating zone is free of a stowage-zone; wherein a central stowage zone is arranged in an area above the central seating zone; and wherein overhead stowage compartments are provided at least along a part of the central stowage zone; further comprising a cabin lining having a first curved lateral part and a second curved lateral part, both connected via an upper ceiling part; wherein a central area of the upper ceiling part comprises a central interface: i) for mounting central overhead bins, and/or ii) for connecting upper portions of monuments; wherein the central seating zone comprises four passenger seats per seat row; an aircraft cabin of a commercial aircraft, the cabin comprising: at least one passenger seating area with a plurality of rows of passenger seats on a cabin floor; wherein at least a part of the at least one passenger seating area comprises a cross-section; further comprising: a cabin lining comprising: first and second lateral sidewall sections on both sides of an elongate cabin space and upper ceiling sections between the first and the second lateral sidewall sections, the lateral sidewall sections and the upper ceiling section enclosing the cabin space; wherein at least a part of the first and second lateral sidewall sections forms a transition from a sidewall cabin lining portion adjacent the seats of the first and second lateral seating zones towards a ceiling cabin lining portion; an aircraft for passenger transport, comprising: a fuselage structure; and a cabin accommodated within the fuselage structure; wherein the cabin comprises a cross-section at least along a part of the cabin; wherein in the part of the cabin, window seats are having cabin wall segments with windows on their outer lateral side and one of the two aisles on their inner lateral side; and wherein the aircraft has a small-body cross-section with a diameter of maximum 3935 to 4217 mm (155 to 166 inches) when measured from an armrest facing the side wall lining to the other armrest of the other seat facing the opposite side wall lining; and wherein the aircraft is a short-range aircraft.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RODNEY A BONNETTE/Primary Examiner, Art Unit 3647
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