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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 August 2025 has been entered.
Response to Amendment
Claims 7 and 8 have been amended. Claims 10 and 11 have been newly canceled. Claims 7, 8, and 12-15 remain pending in the present application.
Response to Arguments
Applicant’s arguments with respect to claim 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 7, 12, and 13 are objected to because of the following informalities:
Regarding claim 9, Applicant claims: “(a) = 3* (2X0 - 2X1 - T0V0 -T1V0 + T1V0 + T2V1) / (T0 - T1)^3.” The examiner notes that no “T2” is present in the claims. The examiner further notes, however, that the above limitation is taken verbatim from [0063] of the specification.
Further regarding claim 9, Applicant claims “and add an arbitrary drag coefficient to the velocity setting….” The examiner notes, however, that no “velocity setting” has been previously claimed.
Regarding claim 12, Applicant claims: “wherein the second computation block is clocked at a higher role than the first computation block.” The examiner believes Applicant may have intended to claim: “wherein the second computation block is clocked at a higher role than the first computation block.
Regarding claim 13, Applicant claims: “wherein said drag coefficient comprising an arbitrary drag coefficient applied to a velocity setting.” The examiner recommends amending this to recite: “wherein said drag coefficient comprises an arbitrary drag coefficient applied to the velocity setting.”
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.
Claims 7, 8, and 12-15 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.
Regarding claim 7, the examiner notes that Applicant is inconsistent throughout the claim with regards to terminology. For example, Applicant claims: “a first computation block configured to receive over a plurality of time periods each beginning and ending in T0 and T1 respective entry velocities V0 and exit velocities V1 and start position Z0 and finish position Z1 in “n” time intervals over the distance traveled from the start and finish positions.” The examiner notes that it is unclear if each time period begins with T0 and ends in T1, though the examiner is interpreting the claim as such for the sake of examination, or if the time periods begin with T0 and T1 and end with T0 and T1. Further, the examiner notes that “entry velocities V0 and exit velocities V1” are plural, implying each start/entry and end/exit have -multiple “entry velocities V0 and exit velocities V1,” while the “start position Z0 and finish position Z1” are singular, implying that there is a single start position and a single end position, though Applicant then claims “from the start and finish positions,” implying that there are multiple start positions and end positions. Further still, it is unclear how the “n” time intervals are related to the invention at all, as “n” could reasonably represent the number of time intervals, or it could represent the length of the time intervals (i.e., “n” seconds). This “n” time intervals limitation is made further unclear later in claim 7 where Applicant claims: “provide values represented between T0 and T1 in “n” second intervals,” as it is now unclear if the “n” intervals are related at all.
Further regarding claim 7, Applicant claims: “(a) = 3* (2X0 - 2X1 - T0V0 -T1V0 + T1V0 + T2V1) / (T0 - T1)^3” and “(b) = 2*(3X0 - 3X1 - 2T0V0 - T0V1 + 2T1V0 + T1V1) / T0^2 - 2T0T1 + T1^2,” which the examiner notes contains the variables “X0” and “X1”, which are found nowhere else in the claims. The examiner notes that Applicant may have intended to have variables “X0” and “X1” be “Z0” and “Z1”, however the examiner further notes that both of the above limitations are taken directly from Applicant’s specification, specifically [0063] and [0064].
Further regarding claim 7, Applicant claims: “store V1 data, replace V0, and calculate new V0 and repeat for the plurality of time periods.” It is unclear, however, what is actually being claimed with this limitation, though the examiner believes that the “replace V0” limitation may mean “replace V0 [with the previous V1],” though if that is the case, it is unclear why a new V0 would then need to be calculated.
Claims 8 and 12-15 are rejected by virtue of their dependence on claim 7.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 13 and 14 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Specifically, the examiner notes that all of the limitations of claims 13 and 14 are already claimed in independent claim 7. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 7, 8, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hu (US 20180246529 A1), hereafter Hu, in view of Cheatham (US 20180016027 A1), hereafter Cheatham.
Regarding claim 7, Hu teaches a control system for a flight vehicle, the control system comprising a controller and a flight memory coupled thereto (0057, The movable object may have a housing. The housing may be formed from a single integral piece, two integral pieces, or multiple pieces. The housing may include a cavity within where one or more components are disposed. The components may be electrical components, such as a flight controller, one or more processors, one or more memory storage units) said controller configured to:
Generate a projected flight trajectory of the flight vehicle before flight of the vehicle for known start and end positions (0161, the motion path can be represented by a function of the position 932, the reference point 930, and one or more motion characteristics of the movable object at the position 932 and the reference point 930… the motion path may be represented by one or more functions. The one or more functions may include polynomial functions, Bezier curves, B-splines, etc.. A polynomial function can be of an n-th order, 0162 the polynomial function may be provided as a function of time, and can be used to compute a displacement of the movable object at an instantaneous point in time, 0166, the motion path generator may be configured to generate the function f(t). the function f(t) may define the motion path for the movable object between the position 932 and the reference point 930.), said projected flight trajectory comprising vehicle trajectory data (0166, the motion path generator may be configured to generate the function f(t). The function f(t) may define the motion path for the movable object between the position 932 and the reference point 930.);
Said controller further comprising:
A first computation block (0166, the motion path generator) configured to receive over a plurality of time periods each beginning and ending in T0 and T1, respective entry velocities V0 and exit velocities V1 and start position Z0 and finish position Z1 in “n” time intervals over the distance traveled from the start and finish positions (0166, the function f(t) may be generated based on the spatial target direction vector, and motion characteristics of the movable object at the position 932 and the reference point 930. The position 932 may correspond to a start point P_start of the motion path. The reference point 930 may correspond to an end point P_end of the motion path. The movable object may have a start velocity V_start and a start acceleration A_start at the start point P_start. The movable object may have an end velocity V_end and an end acceleration A_end at the end point P_end, 0181, The obstacle avoidance unit may be co-located with the motion path generator. The obstacle avoidance unit may be a part of the motion path generator. Alternatively, the motion path generator may be a part of the obstacle avoidance unit, 0202, the obstacle avoidance unit may be configured to repeat the above obstacle avoidance steps (1) through (3) at fixed time intervals or at variable time intervals when the movable object is moving along the adjusted motion path. For example, referring to Fig. 17, each sequence of the obstacle avoidance steps may be performed at time t0, t1, and t2. A first time interval may be given by (t1-t0) and a second time interval may be given by (t2-t1)) and compute a velocity transform function curve as a parabola using a first equation as
a
Z
2
+
b
Z
+
c
=
0
(0165, in some instances, the motion path may be represented by a higher order polynomial time-based function… in some cases, the polynomial function representing the motion path can be lower than 5th order, e.g., 3rd order or 4th order, 0167, the velocity of the movable object at any point in the motion path is given by the first derivative of the function f(t),
f
'
t
=
5
a
5
t
4
+
4
a
4
t
3
+
3
a
3
t
2
+
2
a
2
t
+
a
1
) and a second equation represented by the integral of the first equation as total distance traveled in this time period as represented by the area under the velocity transform function curve as the parabola evaluated from T0 to T1 (0167, the position of the movable object at any point in the motion path may be given by the function
f
t
=
a
5
t
5
+
a
4
t
4
+
a
3
t
3
+
a
2
t
2
+
a
1
t
+
a
0
), and equal to Z1-Z0 (0168, When the movable object is at the start point P_start, the time T may be set or initialized to zero. Substituting t=0 into the above function yields P_start= f(0) = a0, when the movable object is at the end point P_end, the function may be given by P_end = f(t)), and wherein said first calculation block is configured to calculate a simultaneous solution as:
(a) = 3* (2X0 - 2X1 - T0V0 -T1V0 + T1V0 + T2V1) / (T0 - T1)^3 (0163, the one or more coefficients may be determined based on the position 932, the reference point 930, and the one or more motion characteristics at the position 932 and the reference point 930, Examiner’s note, although Hu does not explicitly disclose wherein (a) is equal to 3* (2X0 - 2X1 - T0V0 -T1V0 + T1V0 + T2V1) / (T0 - T1)^3, the examiner asserts that a person having ordinary skill in the art would be able to specifically derive (a) if solving for a 2nd order equation, rather than the 5th order equation as disclosed in Hu)
(b) = 2*(3X0 - 3X1 - 2T0V0 - T0V1 + 2T1V0 + T1V1) / T0^2 - 2T0T1 + T1^2 (0163, the one or more coefficients may be determined based on the position 932, the reference point 930, and the one or more motion characteristics at the position 932 and the reference point 930, Examiner’s note, although Hu does not explicitly disclose wherein (b) is equal to 2*(3X0 - 3X1 - 2T0V0 - T0V1 + 2T1V0 + T1V1) / T0^2 - 2T0T1 + T1^2, the examiner asserts that a person having ordinary skill in the art would be able to specifically derive (b) if solving for a 2nd order equation, rather than the 5th order equation as disclosed in Hu), and
(c) = V0 (0168, When the movable object is at the start point P_start, the time T may be set or initialized to zero. Substituting t=0 into the velocity function gives V_start = f`(0) = a1); and
Store V1 data, replace V0 and calculate new V0 and repeat for the plurality of time periods (0171, motion path generator 214 may be configured to provide a function representing the motion path to the motion controller 218. The motion controller may be configured to effect movement of the movable object along the motion path from the position 932, start point, to the reference point 930, end point. Examiner’s note: when the end of the first interval is reached, the end values P_end and V_end would become the start values P_start and V_start for the second time interval), said first computation block configured to output parameters (a) and (b) relating to the first equation (0163, the one or more coefficients may be determined based on the position 932, the reference point 930, and the one or more motion characteristics at the position 932 and the reference point 930), wherein (c) is equal to V0 within the respective time period (0168, When the movable object is at the start point P_start, the time T may be set or initialized to zero. Substituting t=0 into the velocity function gives V_start = f`(0) = a1)
A second computation block that receives the output of the first calculation block V0 and evaluates the velocity curve given by the (a) and (b) output from the first calculation block (0171, motion path generator 214 may be configured to provide a function representing the motion path to the motion controller 218. The motion controller may be configured to effect movement of the movable object along the motion path from the position 932, start point, to the reference point 930, end point.) and provides values represented between T0 and T1 in “n” second intervals (0167, the position of the movable object at any point in the motion path may be given by the function f(t), the velocity of the movable object at any point in the motion path is given by the first derivative of the function f(t), Examiner’s note: the examiner asserts that a person having ordinary skill in the art would recognize that given a continuous function, the position/velocity of the movable object could be determined based on any “n” second intervals, as a continuous function would contain the entirety of the trajectory);
Compute an output control signal for the plurality of time periods corresponding to the projected flight trajectory from the simultaneous solution of both the first and second equations over the plurality of time periods (0171, motion path generator 214 may be configured to provide a function representing the motion path to the motion controller 218. The motion controller may be configured to effect movement of the movable object along the motion path from the position 932, start point, to the reference point 930, end point.); and
Sample and feedback actual V0, V1, Z0, and Z1 values during each time period in the plurality of time periods during flight of the flight vehicle (0182, the obstacle avoidance unit may be configured to determine whether a movable object will collide with one or more obstacles based on a predicted movement of the movable object along a motion path. The motion path may correspond to those described elsewhere herein, 0202, the obstacle avoidance unit may be configured to repeat the above obstacle avoidance steps (1) through (3) at fixed time intervals or at variable time intervals when the movable object is moving along the adjusted motion path. For example, referring to Fig. 17, each sequence of the obstacle avoidance steps may be performed at time t0, t1, and t2. A first time interval may be given by (t1-t0) and a second time interval may be given by (t2-t1), 0169, the start point P_start, start velocity V_start, and start acceleration A_start are known, and can be measured by one or more sensors, e.g., an IMU, when the movable object is at the start position, Examiner’s note: when the end of the first interval is reached, the end values P_end and V_end would become the start values P_start and V_start for the second time interval) and control the flight vehicle using the output control signal and minimize error to the computed parabolic curves corresponding to the projected flight trajectory (0171, motion path generator 214 may be configured to provide a function representing the motion path to the motion controller 218. The motion controller may be configured to effect movement of the movable object along the motion path from the position 932, start point, to the reference point 930, end point. Examiner's note: by following the generated motion path, the error to the curves would inherently be minimized, as the explicit following of a generated motion path would have an error of 0).
Hu fails to explicitly teach, however, adding an arbitrary drag coefficient to the velocity setting and a random simulation of wind velocity with a wind drag coefficient into a distance computation path.
Cheatham, however, in an analogous field of endeavor, does teach adding a drag coefficient to the velocity setting and a wind velocity with a wind drag coefficient into a distance computation path (0225, propulsive penalty due to drag can be based on drag coefficients and on the speed or wind associated with a given route).
Hu and Cheatham are analogous because they are in a similar field of endeavor, e.g., aircraft control systems. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to have included the drag and wind considerations of Cheatham in order to provide a means for the aircraft to compensate for environmental conditions. The motivation to combine is to ensure that the aircraft is able to properly follow the flight path.
The examiner notes that although the combination of Hu and Cheatham fails to explicitly teach wherein the drag coefficient is arbitrary or wherein the wind velocity is random, the examiner asserts that it would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention, to have set the drag coefficient arbitrarily and the wind velocity randomly, as to do so would have been obvious to try. The examiner notes that there is both a design need (i.e., to account for environmental conditions) and a finite number of solutions (i.e., assigning the variables deliberately or arbitrarily).
Regarding claim 8, the combination of Hu and Cheatham teaches the control system of claim 7, and Hu further teaches wherein the control system is further configured to:
Set T1 of a first time period as a new T0 of a second period (new T0 to new T1) (0202, obstacle avoidance steps configured to repeat at fixed time intervals, first time interval may be given by t1-t0, second time interval may be given by t2-t1);
Receive new first and second parameter end values for the second time period (0157, movable object may be at the position 932 having one or more motion characteristics comprising a first velocity and/or acceleration at a first time instance, 0158, movable object estimated at the reference point to have motion characteristics comprising a second velocity and/or acceleration, 0162, movement polynomial function provided as a function of time, used to determine placement of the object, first order derivative of the function used to determine a velocity at an instantaneous point in time, Examiner's note: given that the reference point includes the end velocity and position of the motion path, a motion path starting at the reference point would include the same end velocity and position as the start velocity and position of the subsequent motion path); and
Set the actual sampled parameter values at T1 of the first time period as new first and second parameter start values for the second time period (0157, movable object at a position having one or more motion characteristics comprising a first velocity and/or acceleration at a first time instance);
Compute a second parametric curve for the output control signal that results in simultaneous solution of both the first and second parameter equations over the second time period, and simultaneously transition from the new first and second parameter start values at the new T0 to the new first and second parameter end values at the new T1 (0166, motion path generator configured to generate the function f(t), which defines the motion path for the movable object between the position 932 and the reference point 930, position 932 may correspond to a start point of the motion path, reference point 930 may correspond to an end point of the motion path, movable object may have a start velocity V_start at the start point of the motion path, movable object may have an end velocity Vend at the end point of the motion path);
Sample the actual first and second parameter values during the second time period (0239, terminal can be configured to display information of the movable object with respect to position, translational velocity, translational acceleration, orientation, angular velocity, angular acceleration); and
Control the flight vehicle using the output control signal to minimize error to the second parametric curve (0171, motion path generator 214 configured to provide a function representing the motion path to the motion controller 218, which is configured to effect movement of the movable object along the motion path from the position 932 to the reference point 930, Examiner's note: by following the generated motion path, the error to the curves would inherently be minimized, as the explicit following of a generated motion path would have an error of 0).
Regarding claim 12, the combination of Hu and Cheatham teaches the control system of claim 7, but fails to teach wherein the second computation block is clocked at a higher role than the first computation block.
The examiner asserts, however, that it would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention, with a reasonable expectation of success, to have clocked the second computation block at a higher rate than the first computation block, as to do so amounts to mere design choice. The examiner asserts that it would have been obvious to clock the computation blocks at any rate relative to each other, as Applicant’s own specification at [0068] recites that: “the second computation block is clocked at a higher rate than the first, in this embodiment 10x, but one familiar with the art would see that different sampling ratios would not alter the fundamental aspects of the invention (emphasis added).” As such, the claimed feature presents no unexpected result. See also In re Kuhle, 526 F.2d 553, 555 (CCPA 1975) and In re Gal, 980 F.2d 717, 719 (Fed. Cir. 1992).
Regarding claim 13, the combination of Hu and Cheatham teaches the control system of claim 7, and Cheatham further teaches Cheatham, however, in an analogous field of endeavor, does teach adding a drag coefficient to the velocity setting and a wind velocity with a wind drag coefficient into a distance computation path (0225, propulsive penalty due to drag can be based on drag coefficients and on the speed or wind associated with a given route).
Hu and Cheatham are analogous because they are in a similar field of endeavor, e.g., aircraft control systems. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention to have included the drag and wind considerations of Cheatham in order to provide a means for the aircraft to compensate for environmental conditions. The motivation to combine is to ensure that the aircraft is able to properly follow the flight path.
The examiner notes that although the combination of Hu and Cheatham fails to explicitly teach wherein the drag coefficient is arbitrary or wherein the wind velocity is random, the examiner asserts that it would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention, to have set the drag coefficient arbitrarily and the wind velocity randomly, as to do so would have been obvious to try. The examiner notes that there is both a design need (i.e., to account for environmental conditions) and a finite number of solutions (i.e., assigning the variables deliberately or arbitrarily).
Regarding claim 14, the combination of Hu and Cheatham teaches the control system of claim 7, and Hu further teaches wherein the velocity for a time interval is fed back to the controller as the basis for the next velocity in the subsequent time interval (0166, motion path generator configured to generate the function f(t), which defines the motion path for the movable object between the position 932 and the reference point 930, position 932 may correspond to a start point of the motion path, reference point 930 may correspond to an end point of the motion path, movable object may have a start velocity V_start at the start point of the motion path, movable object may have an end velocity Vend at the end point of the motion path, Examiner's note: given that the reference point includes the end velocity of the motion path, a motion path starting at the reference point would include the same end velocity as the start velocity of the subsequent motion path).
Regarding claim 15, the combination of Hu and Cheatham teaches the control system of claim 7, and Hu further teaches wherein a calculated position is stored in the flight memory and the stored value fed back to the controller from a subsequent time as the next position (0166, motion path generator configured to generate the function f(t), which defines the motion path for the movable object between the position 932 and the reference point 930, position 932 may correspond to a start point of the motion path, reference point 930 may correspond to an end point of the motion path, movable object may have a start velocity V_start at the start point of the motion path, movable object may have an end velocity Vend at the end point of the motion path, Examiner's note: given that the reference point includes the end position of the motion path, a motion path starting at the reference point would include the same end position as the start position of the subsequent motion path).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE A WOOD whose telephone number is (571)272-6830. The examiner can normally be reached M-F, 8:00 AM to 4:30 PM Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Worden can be reached at (571) 272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BLAKE A WOOD/Examiner, Art Unit 3658