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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/27/2025 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the building of claims 16, 28 and 35, the pest target portion of claims 16, 28 and 35, the camera and the thermal camera on the same UAV of claim 35, the telescopic arm of claim 35, and the two pest target portions of claims 29 and 35, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 33 and 35-37 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 33, the specification fails to provide support for the method steps of illuminating the pest target portion via a light supported by the aerial vehicle while performing the visualizing via the camera the pest target portion; and implementing the positioning of the at least one arm while visualizing, via the camera, the illuminated pest target portion.”
The specification provides support for the steps of illuminating the pest target portion via a light supported by the aerial vehicle, performing the visualizing via the camera the pest target portion, implementing the positioning of the at least one arm and visualizing, via the camera, the illuminated pest target portion, but not at the same time.
Regarding claim 35, there is no support for a device with both a camera and a thermal camera on the same UAV. Paragraph [0034] states that thermal camera improve visibility, but does not state that a thermal camera is used along with a regular camera.
The remainder of the claims are rejected for depending form a rejected base claim.
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.
Claim(s) 16, 17, 20-23, 26, 27 is/are rejected under 35 U.S.C. 103 as obvious over Dahlstrom (10,011,352) in view of Grossman (3,748,383)
Regarding claim 16, Dahlstrom teaches a method of maneuvering an unmanned aerial vehicle through flight, via operation of at least one propulsion element (218a-c), into close proximity to a pest target portion of a building (fig 14), wherein the aerial vehicle comprises a carrier body (208), the at least one propulsion element (218), and at least one spraying arrangement (304a) wherein the at least one spraying arraignment includes at least one arm (331a) with a nozzle (306a), and a reservoir (1410) to hold a pest abatement material (col 25, lines 41-47 the sprayer can be used with a pesticide) with the reservoir being in communication with the nozzle (fig 14);
visualizing, via a camera (112, 1412, col 11, lines 43-45) mounted on at least one of the carrier body and the at least one spraying arrangement, the pest target portion (col 11, lines 43-45) and positioning the at least one arm, via extension from the carrier body and via at least one point of articulation of the at least one arm, relative the pest target portion of the building to position the nozzle in close proximity to the target portion to spray a pest abatement material from the reservoir at the pest target portion (col 28, lines 8-18) while visualizing the target portion, wherein the positioning includes: articulating, via at least one point of articulation along the at least one arm (col 28, lines 8-18), the at least one arm into different positions to spray the pest target portion, wherein the at least one point of articulation comprises a first articulation point between opposite ends of the at least one arm (col 21, lines 7-10 state that arm 331b can be flexible or articulable. The examiner is interpreting this to mean that the arm can bend at the angled portion. Fig 10C also shows an arm that has a pivot 1007 at a central location.)
but fails to disclose that the camera illuminates the pest target portion.
However, gross man teaches a camera that includes a light 50 to allow the camera to be used in day or night.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to add a light to the camera of Dahlstrom in order to allow the camera to be used during the day and at night.
If the applicant disagrees with the location of the articulation or pivot join in the reference being anticipated, the following 103 rejection is provided.
Dahlstrom shows all aspects of the applicant’s invention as in claim 1, but fails to disclose wherein the at least one point of articulation comprises a first articulation point between opposite ends of the arm.
Dahlstrom teaches in fig 10c an articulation join (1007) between opposite ends of the arm.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to add an articulation joint to the middle of one of or all of the arms 331a-c of Dahlstrom in order to control the angle of the nozzle and arm relative to the UAV body.
Regarding claim 17, wherein the positioning the at least one arm comprises: causing extension of the at least one arm into different extendible positions relative to the carrier body to move the at least one arm into different extended positions relative to the pest target portion (col 28, lines 8-18)
Regarding claim 20, controlling, via at least one transmitter in communication with the aerial vehicle, the maneuvering, the positioning, and the spraying (1416).
Regarding claim 21, wherein the first articulation point is located towards a center of the at least one arm between the opposite ends of the at least one arm (bendable arm 304b and the bent portion shown in fig 3 as well as 1007 fig 10c), wherein the opposite ends of the at least one arm comprise a first end at which the nozzle is attached relative to the at least one arm and a second end via which the at least one arm is connected relative to the carrier body (fig 3).
Regarding claim 22, wherein the at least one articulation point comprises a second articulation point at the connection of the second end of the at least one arm relative to the carrier body (col 28, lines 8-18).
Regarding claim 23, wherein the at least one arm comprises two arms (fig 3, 331a-c).
Regarding claim 26, wherein the positioning the at least one arm, via extension from the carrier body and via at least one point of articulation of the at least one arm, relative to the pest target portion of the building to position a nozzle in close proximity to the pest target portion comprises: creating an equilibrium toward a center of the aerial vehicle via a counter- weighting distribution of a plurality of components of the aerial vehicle, wherein the plurality of components include the carrier body, the at least one propulsion element, and the at least one spraying arrangement, which includes the reservoir and at least one arm with the nozzle. (the examiner notes that the carrier body, the at least one propulsion element, and the at least one spraying arrangement, which includes the reservoir and at least one arm with the nozzle are all included in the above combination and are all acting as counter weights)
Regarding claim 27, wherein at least one first component of the plurality of components are on an opposite side of the carrier body from at least one second component of the plurality of components (fig 3 shows one of the propellers on the opposite side of the carrier body from one of the arms).
Claim(s) 24, 28, 29, 33-34 is/are rejected under 35 U.S.C. 103 as obvious over Dahlstrom (10,011,352) as modified by Grossman (3,748,383) above, further in view of Kates (2009/0002493).
Regarding claim 24, Dahlstrom as modified above shows all aspects of the applicant’s invention as in claim 16, but fails disclose the camera comprises a thermal camera, and wherein visualizing via the pest target portion comprises: identifying the pest target portion via visualizing at least one of pests and pest habitations with the thermal camera.
However, Kates teaches using a thermal imaging device to detect pests (abstract)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use the thermal imaging device of Kates in the system of Dahlstrom as modified above, in order to better detect pests.
Regarding claim 28, Dahlstrom as modified above teaches a method comprising: maneuvering an unmanned aerial vehicle through flight, via operation of at least one propulsion element, into close proximity to at least one pest target portion of a building, wherein the aerial vehicle comprises a carrier body, the at least one propulsion element, and at least one spraying arrangement, wherein the at least one spraying arrangement includes at least one arm with a nozzle and a reservoir to hold a pest abatement material with the reservoir being in communication with the nozzle (Dahlstrom) ,wherein the maneuvering comprises; visualizing, via a camera mounted on at least one of the carrier body or the at least one spraying arrangement (Dahlstrom), the at least one pest target portion; and identifying at least one of pests or a pest habitation of the pest target portion, wherein the identifying comprises at least one of: thermally identifying, via a thermal camera (Kates), the respective pests or pest habitation of the pest target portion; and illuminating, via a light (Grossman), the pests or the pest habitation; and positioning the at least one arm, via extension from the carrier body and via at least one point of articulation of the at least one arm (Dahlstrom), relative to the pest target portion of the building to position the nozzle in close proximity to the pest target portion to spray the pest abatement material from the reservoir at the respective pests and pest habitation of the pest target portion while visualizing the pest target portion via the camera (Dahlstrom) and while performing the thermal identification of the respective pests or pest habitation (Kates), wherein the positioning includes: articulating, via at least one point of articulation along the at least one arm (Dahlstrom), the at least one arm into different positions to spray the pest target portion, wherein the at least one point of articulation comprises a first articulation point between opposite ends of the at least one arm (Dahlstrom).
Regarding claim 29, the at least one arm comprises two separate arms including a first arm and a second arm (306a, b), wherein the positioning comprises: positioning the nozzle of the first arm into close proximity to the first pest target portion to spray the pest abatement material at the first target portion
But fails to disclose two separate pest target portions including a first pest target portion and a second pest target portion, and; and positioning, at the same time as the positioning of the nozzle of the first arm but separate from the positioning of the nozzle of the first arm, the nozzle of the second arm into close proximity to the second pest target portion to spray the pest abatement material at the second pest target portion
However, since Dahlstrom as modified above teaches multiple spray arms and nozzles (306), it would have been obvious to one of ordinary skill in the art at the time the application as effectively field to have each arm spray a different pest target portion at the same time in order to save time by spraying two nests at once.
Regarding claim 33, Dahlstrom as modified above teaches the method steps of illuminating the pest target portion via a light supported by the aerial vehicle while performing the visualizing via the camera the pest target portion (the light is needed to use the camera at night, so they will be operated at the same time); and implementing the positioning of the at least one arm while visualizing, via the camera, the illuminated pest target portion (this will occur at the same time because the camera is needed to move the arm to the correct location).
Regarding claim 34, wherein the positioning the at least one arm, via extension from the carrier body and via at least one point of articulation of the at least one arm, relative to the pest target portion of the building to position a nozzle in close proximity to the pest target portion comprises: creating an equilibrium toward a center of the aerial vehicle via a counter- weighting distribution of a plurality of components of the aerial vehicle, wherein the plurality of components include the carrier body, the at least one propulsion element, and the at least one spraying arrangement, which includes the reservoir and at least one arm with the nozzle. (the examiner notes that the carrier body, the at least one propulsion element, and the at least one spraying arrangement, which includes the reservoir and at least one arm with the nozzle are all included in the above combination and are all acting as counter weights)
Claim(s) 35-37 is/are rejected under 35 U.S.C. 103 as obvious over Dahlstrom (10,011,352) in view of Kates (2009/0002493).
Dahlstrom as modified above teaches a method comprising: maneuvering an unmanned aerial vehicle through flight, via operation of at least one propulsion element, into close proximity to at least one pest target portion of a structure, wherein the aerial vehicle comprises a carrier body, the at least one propulsion element, and at least one spraying arrangement (Dahlstrom), wherein the at least one spraying arrangement includes at least one arm with a nozzle and a reservoir to hold a pest abatement material with the reservoir being in communication with the nozzle (Dahlstrom), wherein the maneuvering comprises; visualizing, via a camera mounted on at least one of the carrier body or the at least one spraying arrangement, the at least one pest target portion (Dahlstrom); and positioning the at least one arm, via extension from the carrier body and via at least one point of articulation of the at least one arm, relative to the pest target portion of the structure to position the nozzle in close proximity to the pest target portion to spray the pest abatement material from the reservoir at the respective pests and pest habitation of the pest target portion while visualizing the pest target portion via the camera and while performing the thermal identification of the respective pests or pest habitation (Dahlstrom), wherein the positioning includes: articulating, via at least one point of articulation along the at least one arm, the at least one arm into different positions to spray the pest target portion, wherein the at least one point of articulation comprises a first articulation point between opposite ends of the at least one arm (Dahlstrom), wherein the at least one arm comprises two separate arms including a first arm and a second arm (Dahlstrom) and wherein the at least one pest target portion comprises two separate pest target portions including a first pest target portion and a second pest target portion, and wherein the positioning comprises: positioning the nozzle of the first arm into close proximity to the first pest target portion to spray the pest abatement material at the first target portion; and positioning, at the same time as the positioning of the nozzle of the first arm but separate from the positioning of the nozzle of the first arm, the nozzle of the second arm into close proximity to the second pest target portion to spray the pest abatement material at the second pest target portion (Dahlstrom as modified above)
But fails to disclose and wherein the extension of the arm comprises telescopically extending the at least one arm into different extendible positions relative to the carrier body to move the at least one arm and the nozzle into different extended positions closer toward the pest target portion.
Dahlstrom does teach a telescopic arm 914.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use a telescopic arm to position the nozzle, in order to have better movability of the arm and nozzle.
Dahlstrom fails to teach the step of thermally identifying, via a thermal camera mounted on at least one of the carrier body or the at least one spraying arrangement, at least one of pests or a pest habitation of the pest target portion
However, Kates teaches using a thermal imaging device to detect pests (abstract)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use the thermal imaging device of Kates in the system of Dahlstrom as modified above, in order to better detect pests.
Regarding claim 36, wherein the positioning the at least one arm, via extension from the carrier body and via at least one point of articulation of the at least one arm, relative to the pest target portion of the building to position a nozzle in close proximity to the pest target portion comprises: creating an equilibrium toward a center of the aerial vehicle via a counter- weighting distribution of a plurality of components of the aerial vehicle, wherein the plurality of components include the carrier body, the at least one propulsion element, and the at least one spraying arrangement, which includes the reservoir and at least one arm with the nozzle. (the examiner notes that the carrier body, the at least one propulsion element, and the at least one spraying arrangement, which includes the reservoir and at least one arm with the nozzle are all included in the above combination and are all acting as counter weights)
Regarding claim 37, wherein at least one first component of the plurality of components are on an opposite side of the carrier body from at least one second component of the plurality of components (fig 3 shows one of the propellers on the opposite side of the carrier body from one of the arms).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as obvious over Dahlstrom (10,011,352) as modified by Grossman (3,748,383), and Kates (2009/0002493) above, further in view of Thompson et al. (11,498,090)
Regarding claim 32, Dahlstrom as modified above shows all aspects of the applicant’s invention as in claim 28, including a teaching for a sensor (col 15, liens 60-65)
But fails to disclose the sensor is an ultrasonic sensor
Thompson et al. teaches ultra sonic sensors (claim 14)
Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to make the sensor of Dahlstrom an ultrasonic sensor in order to use sound waves to detect objects and measure distances without physical contact.
Allowable Subject Matter
Claims 25, 30 and 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the pending claims 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm.
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/JASON J BOECKMANN/Primary Examiner, Art Unit 3752 1/29/2026