DETAILED ACTION
1. Claims 1, 3-14, 16-18 and 20 of application 17/978,644, filed on 1-November-2022, are presented for examination. The following communication is in response to the amendment received on 5-September-2025. Claims 2, 15 and 19 were cancelled by the amendment. Further, the specific arguments as presented in applicant’s present response, on pages 7-9, are considered persuasive, and therefore the previously applied rejections have been withdrawn. New rejections are provided in response to applicant’s arguments, which are determined to render these arguments moot.
The present application, filed on or after 16-March-2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections under 35 U.S.C. § 103
2.1 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 the objective evidence present in the application indicating
obviousness or nonobviousness.
2.2.1 Claims 1, 3-4, 7-14, 16-18 and 20 are rejected under 35 U.S.C. § 103 as being unpatentable over Dow (hereinafter D), USP Publication 2002/0173904, in view of the article authored by Frank et al (hereinafter F), entitled “Sensor Concept for Highly-Automated Airport Tugs for Reduced Emission Taxi Operations”.
2.2.2 Dow discloses the invention substantially as claimed, but does not specifically disclose all of the features of claims 1, 3-4, 7-14, 16-18 and 20. However, in an analogous prior art reference in the same field of endeavor and/or reasonably pertinent to the problem being solved, Frank describes these features, including:
Claim 1: An airport tug configured to navigate an airport facility autonomously [D: ¶0009 (the present invention teaches a solution for controlling the movement of aircraft (1) between airport terminal gates (5) and active runways (2)…the tug (3) could be guided automatically using the location tracking system); 0017 (A number of driver-less vehicle systems have been developed and more are being created. A continuous location system would allow the tug to be guided by continuous feedback signals to a steering controller.)], the airport tug comprising:
a coupling portion configured to engage with a receiving portion of an aircraft [D:0013];
one or more sensors configured to collect sensor data descriptive of conditions in a vicinity of the airport tug [D:0006 (a proximity warning system that alerts the central control station when the tug is too close to another object.); 0009 (The physical position of each tug (3) and its associated aircraft (1) is tracked and relayed to a central control system, preferably at an airport traffic control center (4).)];
a memory storing instructions [D:0023 (All essential technical components for program execution are available); 0026 (computerized system)]; and
one or more processors communicatively coupled to the memory and configured to execute the instructions to perform a process [D:0023; 0026] comprising:
monitoring, based on the sensor data, the conditions in the vicinity of the airport tug [D:0006 (a proximity warning system that alerts the central control station when the tug is too close to another object.)]; and
directing, based on the monitoring of the conditions and while the coupling portion is engaged to the receiving portion, autonomous movement of the airport tug according to a route automatically generated based on the sensor data [F:page 3:column 1 (2. Connect automatically to the aircraft, 3. Push-back and 4. Taxi to the start-up area near the runway, all automatically controlled the autonomous TaxiBot); 3:2 - 4:1 (TaxiBot autonomous operations include compliance with a trajectory under the given conditions, high-precision localization for automatic trajectory tracking, identification of signs and markings on the airport site, and detection of moving and stationary obstacles); 6:1 (The positioning of the TaxiBot is primarily based on GNSS signals…by using a GPS navigation system with an inertial unit, the provided accuracy is better than one meter.)] to transport the aircraft from a starting position to a designated delivery position for the aircraft at the airport facility [D:0005 (The present invention teaches an airport ground navigation system that will enable the safe, efficient and economical movement of aircraft between airport terminal gates and active runways. The system incorporates the use of aircraft tugs…); 0008 (aircraft will be towed to the active runway for start-up, and after landing will shut down for a tow to the gate.); 0009 (the present invention teaches a solution for controlling the movement of aircraft (1) between airport terminal gates (5) and active runways (2) )…the tug (3) could be guided automatically)] [F:3:1 (4. Taxi to the start-up area near the runway)];
detecting, based on the sensor data, a change in the conditions during the autonomous movement of the airport tug according to the route automatically generated via the sensor data [F:3:2 - 4:1 (TaxiBot autonomous operations include compliance with a trajectory under the given conditions, including stopping distance (4.1) and safety distance (5.1)); 3:1 – 6:1 (multiple sensors specifically adapted to accomplish traffic situations, see especially section 3.3 Sensor Concept and Fig. 4))];
automatically generating an updated route based on the detected change in the conditions [D:0017 (A number of driver-less vehicle systems have been developed and more are being created. A continuous location system would allow the tug to be guided by continuous feedback signals to a steering controller.); 0018 (Effectively, the location system would act as the "eyes" of the control room to ensure that planes would not be bumping into each other.)] [F:3:2 - 4:1 (TaxiBot autonomous operations include compliance with a trajectory under the given conditions, high-precision localization for automatic trajectory tracking, identification of signs and markings on the airport site, and detection of moving and stationary obstacles, all performed within the terminal maneuvering area of Fig. 2); 6:1 (The positioning of the TaxiBot is primarily based on GNSS signals…by using a GPS navigation system with an inertial unit, the provided accuracy is better than one meter.)]; and
after generating the updated route, directing autonomous movement of the airport tug according to the updated route [F:3.1 – 4.1; 6.1].
Claim 3: wherein the directing of the autonomous movement of the airport tug according to the updated route further comprises:
disengaging, after the airport tug and aircraft arrive at the designated delivery position, the coupling portion of the airport tug from the receiving portion of the aircraft [D:0013 (The tug will employ a quick (approximately 1-minute) attach and release mechanism. The tug attach/detach mechanism will utilize a universal capture mechanism that can accommodate most aircraft on the market…The method referred to as "soft capture" enables quick hookup and release.)] [F:3:1 (5. Automatic decoupling at a dedicated area near the runway)]; and
navigating away from the aircraft [D:0008 (aircraft will be towed to the active runway for start-up (and thereafter move away from the aircraft), and after landing will shut down for a tow to the gate.)] [F:3:1 (6. Drive automatically to next assignment)].
Claim 4: wherein the airport tug is electrically powered [D:0011] [F:2:1 (electric version of the tug)].
Claims 7 and 16: detecting satisfaction of a predefined condition that triggers remote control operation of the airport tug [D:0006 (The tug could also include an override system available to the central control station or the pilot); 0009 (the tug could be guided remotely by the pilot.); 0018 (As opposed to ceding complete control of the tug to the control room, the pilot could be provided override control of the tug or be primarily responsible for directing its movements. However, in all cases the control room would track movement of the aircraft with feedback to the pilot to prevent any incursions.)]; and
switching, based on the satisfaction of the predefined condition, the airport tug from navigating the airport tug autonomously to navigating the airport tug as directed by a remote operator [D:0006; 0009; 0018].
Claim 8: wherein the remote operator is positioned in a control tower of the airport facility or a cockpit of the aircraft [D:0006; 0009; 0018].
Claim 9: detecting satisfaction of an additional predefined condition that triggers autonomous operation of the airport tug [D:0009 (the present invention teaches a solution for controlling the movement of aircraft (1) between airport terminal gates (5) and active runways (2)…the tug (3) could be guided automatically using the location tracking system)]; and
switching, based on the satisfaction of the additional predefined condition, the airport tug from navigating the airport tug as directed by the remote operator to navigating the airport tug autonomously [D:0017 (A number of driver-less vehicle systems have been developed and more are being created. A continuous location system would allow the tug to be guided by continuous feedback signals to a steering controller.); 0018 (Effectively, the location system would act as the "eyes" of the control room to ensure that planes would not be bumping into each other.)].
Claim 10: wherein the process further comprises: directing autonomous navigation of the airport tug toward the aircraft [D:0008 (aircraft will be towed to the active runway for start-up (after moving toward the aircraft), and after landing will shut down for a tow to the gate.)] [F:3:1 (1. Drive automatically to the departure stand)]; and
directing autonomous engagement of the coupling portion of the airport tug with the receiving portion of the aircraft [D:0013] [F:3:1 (2. Connect automatically to the aircraft)].
Claims 11, 17 and 20: wherein: the starting position corresponds to a docked position of the aircraft at a gate of the airport facility; and the designated delivery position corresponds to a designated departure position on a runway where the aircraft is cleared to begin accelerating for takeoff [D:0009 (controlling the movement of aircraft (1) between airport terminal gates (5) and active runways (2))] [F:3:1].
Claim 12: wherein: the starting position corresponds to an end of a runway after the aircraft lands at the airport facility [D:0008 (aircraft will be towed to the active runway for start-up, and after landing will shut down for a tow to the gate.)]; and
the designated delivery position corresponds to a terminal where the aircraft docks and passengers disembark [D:0009 (controlling the movement of aircraft (1) between airport terminal
gates (5) and active runways (2))].
Claim 13: A system comprising:
a plurality of airport tugs configured to navigate an airport facility autonomously [D:0009; 0017], wherein an airport tug included in the plurality of airport tugs includes:
one or more sensors configured to collect sensor data descriptive of conditions in a vicinity of the airport tug [D:0006; 0009];
a memory storing instructions [D:0023; 0026]; and
one or more processors communicatively coupled to the memory and configured to execute the instructions to perform a process [D:0023; 0026] comprising:
receiving information from an airport traffic control system configured to control arrivals and departures of a plurality of aircraft at the airport facility [D:0005; 0008; 0009] [F:1:1 – 2:2 (1. Introduction)];
monitoring, based on the sensor data, the conditions in the vicinity of the airport tug [D:0006]; and
directing, based on the information received from the airport traffic control system and based on the conditions, autonomous movement of the airport tug according to a route automatically generated based on the sensor data to transport an aircraft included in the plurality of aircraft from a starting position to a designated delivery position for the aircraft at the airport facility [D:0005; 0008; 0009] [F:3:1; 3:2 – 4:1; 6:1];
detecting, based on the sensor data, a change in the conditions during the autonomous movement of the airport tug according to the route automatically generated via the sensor data [F:3:2 – 4:1; 3:1 – 6:1 (sensors)];
automatically generating an updated route based on the detected change in the conditions [D:0017; 0018] [F:3:2 – 4:1]; and
after generating the updated route, directing autonomous movement of the airport tug according to the updated route [F:3:1 – 4:1; 6:1].
Claim 14: wherein the information received from the airport traffic control system includes one or more of airport tug position information [D:0005; 0009; 0016]; aircraft position information; and airport personnel position information.
Claim 18: A method comprising:
monitoring, by an airport tug and based on sensor data collected by way of one or more sensors of the airport tug, conditions in a vicinity of the airport tug [D:0006];
autonomously navigating, according to a route automatically generated based on the sensor data [D:0009; 0017] [F:3:1; 3:2 – 4:1; 6:1] and while a coupling portion of the airport tug is engaged to a receiving portion of an aircraft [D:0013] [F:3:1 (2. Connect automatically to the aircraft)], an airport tug to transport the aircraft from a starting position to a designated delivery position for the aircraft at an airport facility [D:0005; 0008; 0009] [F:3:1; 3:2 – 4:1; 6:1];
while autonomously navigating the airport tug according to the route automatically generated based on the sensor data [F:3:2 – 4:1; 3:1 – 6:1 (sensors)], detecting satisfaction of a predefined condition for triggering remote control operation of the airport tug [D:0006; 0009; 0018]; and
automatically switching, based on the satisfaction of the predefined condition, from autonomous navigation of the airport tug to navigation of the airport tug as directed by a remote operator [D:0006; 0009; 0018].
2.2.3 Therefore, it would have been obvious for a person of ordinary skill in the art, as of the effective filing date of the claimed invention, to modify the airport ground navigation system described by Dow, with the fully autonomous TaxiBot system as disclosed by Frank, because doing so would promote enhancement of the expansion and utilization of the available capacity, the optimization of operations, the reduction of operating costs, the optimization of punctuality and compliance with the global planned trajectories, the reduction of emissions, and a reduction in the workload of pilots and controllers [F:3:1].
2.3.1 Claims 5-6 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Dow and Frank, and further in view of Costello (hereinafter C), USP Publication 2019/0202579.
2.3.2 The combination of Dow and Frank discloses the invention substantially as claimed, but does not specifically disclose all of the features of claims 5-6. However, in an analogous prior art reference in the same field of endeavor and/or reasonably pertinent to the problem being solved, Costello describes these features, including:
Claim 5: wherein the directing of the autonomous movement of the airport tug according to the updated route [C:0034] further comprises autonomously navigating to a charging position for the airport tug at the airport facility [C:0117; 0120; 0123 (However in an alternative example, the inductive powering assembly 30 is operable to use the power provided through the strip 20 and use it to charge a battery 80. The battery 80 then powers the electric motor 85. The battery may be continuously recharged when the vehicle 10 is travelling over a strip 20. If the vehicle 10 is temporarily not travelling over a strip 20, or a portion of the strip is faulty, then the battery 80 may power the electric motor 85 and therefore power the vehicle 10 until such a strip 20 can be re-joined.); 0125].
Claim 6: wherein the airport tug is configured to be inductively charged while the airport tug transports the aircraft from the starting position to the designated delivery position for the aircraft [C:0114-0117 (While the aircraft tug 10 is travelling along the taxi path 35 it is inductively powered by the powering strip 20, thereby eliminating the need for any refueling or charging (0116)); 0120; 0123 (However in an alternative example, the inductive powering assembly 30 is operable to use the power provided through the strip 20 and use it to charge a battery 80. The battery 80 then powers the electric motor 85. The battery may be continuously recharged when the vehicle 10 is travelling over a strip 20.); 0125].
2.3.3 Therefore, it would have been obvious for a person of ordinary skill in the art, as of the effective filing date of the claimed invention, to modify the airport ground navigation system described by Dow and Frank, with the system for inductively powering an aircraft tug as disclosed by Costello, because doing so would provide an inductively powered aircraft tug with enhanced energy efficiency and safety improvements, that would have yielded predictable results with a reasonable expectation of success.
Prior Art
3. The following prior art, discovered in an updated search and herein made of record, is considered pertinent to Applicant’s disclosure, and consists of documents U1 – U2 on the attached PTO-892 Notice of References Cited:
Document U1 defines a document of particular relevance, wherein the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art.
Documents V – U2 define the general state of the art which is not considered to be of particular relevance.
Prior Art of Record
4. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123.
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art. See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966). Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference. See In re Freda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963). Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art. See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973). Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references. See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962).
Response to Arguments
5. Applicant's arguments with respect to claims 1, 3-14, 16-18 and 20 have been
considered but are moot because the arguments do not apply to the references being used in the current rejection.
6. Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See M.P.E.P. § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 C.F.R. § 1.136(a).
Response Guidelines
7.1 A SHORTENED STATUTORY PERIOD FOR RESONSE TO THIS FINAL ACTION IS SET TO EXPIRE THREE MONTHS FROM THE DATE OF THIS ACTION. IN THE EVENT A FIRST RESPONSE 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 ADIVISORY ACTION IS MAILED, AND ANY EXTENSION FEE PURSUANT TO 37 C.F.R. 1.136(a) WILL BE CALCULATED FROM THE MAILING DATE OF THE ADVISORY ACTION. IN NO EVENT, HOWEVER, WILL THE STATUTORY PERIOD FOR RESPONSE EXPIRE LATER THAN SIX MONTHS FROM THE DATE OF THIS FINAL ACTION.
7.2 Any response to the Examiner in regard to this final action should be
directed to: Russell Frejd, telephone number (571) 272-3779, Monday-Friday from 0730 to
1600 ET. If attempts to reach the examiner by telephone are unsuccessful,
please contact the examiner’s supervisor, Peter Nolan, who can be reached at
(571) 270-7016.
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/RUSSELL FREJD/
Primary Examiner AU 3661