Prosecution Insights
Last updated: July 17, 2026
Application No. 17/688,739

High Altitude, Long Endurance, Unmanned Aircraft and Methods of Operation Thereof

Final Rejection §112
Filed
Mar 07, 2022
Priority
Dec 18, 2009 — provisional 61/288,249 +6 more
Examiner
ALLEN, PAUL MCCARTHY
Art Unit
3669
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
AeroVironment Inc.
OA Round
6 (Final)
45%
Grant Probability
Moderate
7-8
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 45% of resolved cases
45%
Career Allowance Rate
84 granted / 187 resolved
-7.1% vs TC avg
Strong +34% interview lift
Without
With
+33.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
26 currently pending
Career history
223
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
86.3%
+46.3% vs TC avg
§102
1.6%
-38.4% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 187 resolved cases

Office Action

§112
DETAILED ACTION Introduction Claims 1-9, 11-14, and 17-20 have been examined in this application. Claims 1 and 9 are amended. Claims 2, 3, and 17-20 are as previously presented. Claims 4-8 and 11-14 are original. Claims 10, 15, and 16 are cancelled. This is a final office action in response to the arguments and amendments filed 2/2/2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Office Action Formatting The following is an explanation of the formatting used in the instant Office Action: • [0001] – Indicates a paragraph number in the most recent, previously cited source; • [0001, 0010] – Indicates multiple paragraphs (in example: paragraphs 1 and 10) in the most recent, previously cited source; • [0001-0010] – Indicates a range of paragraphs (in example: paragraphs 1 through 10) in the most recent, previously cited source; • 1:1 – Indicates a column number and a line number (in example: column 1, line 1) in the most recent, previously cited source; • 1:1, 2:1 – Indicates multiple column and line numbers (in example, column 1, line 1 and column 2, line 2) in the most recent, previously cited source; • 1:1-10 – Indicates a range of lines within one column (in example: all lines spanning, and including, lines 1 and 10 in column 1) in the most recent, previously cited source; • 1:1-2:1 – Indicates a range of lines spanning several columns (in example: column 1, line 1 to column 2, line 1 and including all intervening lines) in the most recent, previously cited source; • p. 1, ln. 1 – Indicates a page and line number in the most recent, previously cited source; • ¶1 – The paragraph symbol is used solely to refer to Applicant's own specification (further example: p. 1, ¶1 indicates first paragraph of page 1); and • BRI – the broadest reasonable interpretation. Response to Arguments Applicant's arguments, filed 2/2/2026, have been fully considered. Regarding the arguments pertaining to the claim rejections under 103 (presented on p. 6-11), the arguments and amendments are persuasive. Therefore, the rejections have been withdrawn. 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 1-9, 11-14, and 17-20 are 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 1, the claim recites “wherein translating is based on a translation information” and receiving, by at least one of the group of two or more HALE unmanned aircraft, an RF signal from a terrestrial radio frequency (RF) transmitter, “wherein the RF signal comprises the translation information.” The disclosure as originally filed (e.g. Claims 16 and 20 as originally filed and specification p. 14) recites translation of the GPS signals in the auxiliary frequency band, but does not recite that this is based on any “translation information.” The disclosure as originally filed (e.g. Claim 9 as originally filed and specification p. 13) additionally recites receiving /relaying of an RF signal from the terrestrial RF transmitter, but does not appear to recite that this includes any “translation information.” Therefore, the subject matter 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. Claims 2-9, 11-14, and 17-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as being dependent on rejected Claim 1 and for failing to cure the deficiencies listed above. Allowable Subject Matter Claims 1-9, 11-14, and 17-20 are rejected under 112(a), but would be allowable if this rejection is overcome. The following is an examiner’s statement of reasons for indicating allowable subject matter: Regarding Independent Claim 1, the most similar prior art, Patent U.S. 6,300,898 B1 (Schneider et al.) teaches a method of global positioning system (GPS) signal augmentation (see Abstract, 1:45-2:10, pseudolites as augmentation to overcome GPS jamming) comprising: deploying a group of two or more high altitude, long endurance (HALE) unmanned aircraft (see Figure 1, 3:1-16, operation of airborne platforms / pseudolites 20 around target area, (3:45-50) may be unmanned. Examiner’s note: any aircraft can be considered high altitude and long endurance if compared to another aircraft with lower altitude and shorter endurance.), determining communication interdiction (see 3:5-16, determination of number and power of jammers 16 (interdiction of GPS communication)), transmitting, by each of the group of two or more HALE unmanned aircraft respectively, a translated GPS signal (see Figure 2, 3:17-4:54, the pseudolites each transmitting a pseudo-GPS signal based on received GPS satellite signals (i.e. translated)) based on the determined communication interdiction (see 3:5-16, operating (including transmitting) based on the jamming/interdiction), wherein the translated GPS signal is a signal translated from a GPS signal transmitted from a respective GPS satellite (see Figure 2, 3:17-4:54, transmitting the pseudo-GPS signal which is translated from one of four or more received GPS satellite signals); receiving the transmitted translated GPS signals from each of the group of two or more HALE unmanned aircraft (see 4:50-55, a missile receiving the pseudo-GPS signals from the pseudolites), when a terrestrial radio frequency (RF) emitter is jamming a GPS signal being transmitted to a GPS receiver from the respective GPS satellite (see Figure 1, 3:1-16, even in an area with jammers 16 in the target area). WO2009/040500A1 (Shemar et al.) teaches a technique in aerial vehicles (see p. 14, ln. 4-11, UAV aircraft), wherein each HALE unmanned aircraft of the group of two or more HALE unmanned aircraft is in communication with another HALE unmanned aircraft (see p. 15, communications link between aircraft (e.g. A1 and A2)); and determining communication interdiction (see p.15, determination of the location of an interferer (an interdiction, and see p. 1 of GPS communication)) by positioning the two or more HALE unmanned aircraft (see p. 14, ln. 31-33, by positioning aircraft within a coverage range of a region of interest), wherein a second HALE unmanned aircraft transmits an interdiction assessment to a first HALE unmanned aircraft (see p. 15, relaying of information, using the communications link, in order to determine the interferer location, i.e. transmitting of assessment data pertaining to the interdiction), and further teaches: a terrestrial receiver (see p. 4, receiver 16, on the surface of the earth). Patent U.S. 5,717,404 A (Malla) teaches a technique in a pseudolite (see 9:14), including transmitting a translated GPS signal: in an auxiliary frequency band (see 9:14-33, transmitting of GPS-like signals, for example in Ku, C, or S-band), receiving, by a radio frequency (RF) receiver, the transmitted translated GPS signal in the auxiliary frequency band (see 9:20-25 receiving of the Ku band signals by the flight receiver); and translating, by the RF receiver, the received transmitted translated GPS signal to a specific GPS signal for the GPS receiver, wherein the RF receiver is in communication with the GPS receiver (see 9:22-32, downconverter translating so that incoming signal (Ku band signal into RF receiver) can then be treated as a normal GPS signal (i.e. for GPS receiver to then use)). Publication US2005/0108374A1 (Pierzga et al.) teaches a use for an airborne platform (see Figure 1, airborne station 22, 24), comprising: receiving, by at least one of the group of two or more aircraft, an RF signal from a terrestrial radio frequency (RF) transmitter; transmitting, by at least one of the group of two or more aircraft that received the RF signal, the RF signal to another aircraft of the group of two or more HALE unmanned aircraft; and transmitting, by the another aircraft of the group of two or more aircraft, the RF signal to the terrestrial RF receiver (see Figure 1 and [0048], communication connectivity between sub-networks which form larger network, via airborne repeater stations 22 and 24, for example RF signal from a ground station 16 as transmitter, to first aircraft 24, to second aircraft 22, to terrestrial receiver 18, or for example ground station 28 to aircraft 22 to aircraft 24 to receiver 16). However, the prior art does not disclose or render obvious a method performing all steps of Claim 1 as amended, including: translating, by the terrestrial RF receiver, the received transmitted translated GPS signal to a specific GPS signal for the terrestrial GPS receiver, wherein the terrestrial RF receiver is in communication with the terrestrial GPS receiver, and wherein translating is based on a translation information; and receiving, by at least one of the group of two or more HALE unmanned aircraft, an RF signal from a terrestrial radio frequency (RF) transmitter, wherein the terrestrial RF transmitter is in communication with the terrestrial GPS receiver, and wherein the RF signal comprises the translation information. Applicant’s arguments and the amendments addressing the rejections are persuasive and the prior rejections are withdrawn. The combination of limitations defining the particular translation based on translation information which is part of the RF signal received by at least one of the group of two or more HALE unmanned aircraft, combined with the particularly claimed parts integrated into the high altitude, long endurance (HALE) unmanned aircraft method including the features in the other limitations is not found or made obvious by the prior art. Although some limitations are taught by individual references, the claims as a whole and ordered combination of functions cannot be determined to be obvious without relying on improper hindsight reconstruction of the claims. The combination with the other claim limitations, clearly claimed for a patent, are neither anticipated nor made obvious by the prior arts on record. A search of foreign prior art and Non-Patent Literature was conducted; however, no relevant prior art was found. As such the claimed subject matter of Claim 1 would be allowable. The subject matter of Claims 2-9, 11-14, and 17-20 is also therefore allowable as being dependent on Claim 1. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul Allen whose telephone number is (571)272-4383. The examiner can normally be reached Monday - Friday from 9am to 5pm, Eastern. 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, Erin Piateski can be reached at 571-270-7429. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /P.A./Examiner, Art Unit 3669 /Erin M Piateski/Supervisory Patent Examiner, Art Unit 3669
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Prosecution Timeline

Show 12 earlier events
Apr 14, 2025
Response Filed
May 20, 2025
Final Rejection mailed — §112
Jul 21, 2025
Response after Non-Final Action
Aug 19, 2025
Request for Continued Examination
Aug 28, 2025
Response after Non-Final Action
Oct 01, 2025
Non-Final Rejection mailed — §112
Feb 02, 2026
Response Filed
May 21, 2026
Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
45%
Grant Probability
78%
With Interview (+33.5%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 187 resolved cases by this examiner. Grant probability derived from career allowance rate.

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