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 .
The correspondence below is an after non-final.
Response to Amendment
Claims 4 and 10 have been cancelled.
Claim 1, 14, and 19 have been amended.
There are no new claims.
Claims 1-3 and 5-9, and 11-21 are currently pending.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
CLAIM 1 IS REJECTED under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
101 Analysis – Step 1
Claim 1 (14 and 19 parallel in scope and spirit) is directed to a method (i.e., a process). Therefore, claim 1 is within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim 1 (14 and 19) includes limitations that recite an abstract idea (emphasized below in bold text) and will be used as a representative claim for the remainder of the 101 rejection.
Claim 1 (14 and 19 parallel in scope and spirit) Recites:
(CURRENTLY AMENDED) A method for helping to keep a drone within an authorized airspace, the drone being controlled remotely by a pilot, who is not onboard the drone, using controls of a control station in wireless communication with the drone, wherein the method comprises the following steps:
using a path estimator of the control station and not embedded on the drone, the path estimator including a controller, a display that is controlled by the controller, a receiver, and a memory that stores at least geographical coordinates of at least one boundary of the authorized airspace, to receive, by the receiver, data carrying an item of speed data of the drone and an item of location data carrying a current position of the drone and an item of navigation data of the drone making it possible to assess whether the drone is flying in a straight line or performing a turn, and
to determine, by the controller, a value of the item of speed data, a value of the item of location data, and a value of the item of navigation data based on the data received by the receiver; and
displaying several symbols on the display of the path estimator under control of the controller, the displaying of several symbols comprising: i) displaying an aircraft symbol showing a current position of the drone; ii) displaying a boundary symbol showing the at least one a boundary of the authorized airspace in a position in relation to the aircraft symbol representative of a position of the at least one boundary of the authorized airspace in relation to the current position of the drone; and
iii) determining a geometry and displaying a path symbol showing a predicted path of the drone without changing values of the item of speed data and the item of navigation data,
the geometry of the path symbol being a shape of the path symbol determined by the controller using a stored model stored in the memory and based at least on the value of the item of speed data and the value of the item of navigation data, wherein the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period, a length of the path symbol being limited not to exceed a predetermined length, wherein displaying the several symbols on the display enables the pilot viewing the display to remotely assess whether the drone will remain within the authorized airspace during the upcoming time period and modify the path of the drone to keep the drone within the authorized airspace; wherein, before displaying several symbols, the method comprises
determining whether the drone is flying in a straight line or performing a turn based on the item of navigation data with or without hysteresis, the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performances within the limitation of the human mind. For example, “determining a geometry …” and “determining whether the drone …” in the context of this claim encompasses a bystander observing an air vehicle and forming a simple judgement. They are also redundant to the examiner’s best understanding. For example, a bystander would be capable of determining if an aircraft is traveling in a straight line or turning, and, if the aircraft is falling, a bystander would be able to estimate its path. For example, the aircraft appears it will fall from its current position “to my east” to a location “to my west”. Or, a person observing sensor collected data (attitude (yaw, pitch, roll), heading, acceleration, current velocity) and determining a future location of an aircraft using a model, for example, comprising one or more mathematical laws, one or more equations, etc. Or, in a 2D space, y=mx+b. Accordingly, the claim recites at least one abstract idea. Regarding the first step, to the examiner’s best understanding, the instant specification, ¶0013, this isn’t a determining step but a receiving signals step from sensors. Which appears to be data acquisition and data analysis. Which is pre-solution activity.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
Claim 1 (14 and 19 parallel in scope and spirit) Recites:
(CURRENTLY AMENDED) A method for helping to keep a drone within an authorized airspace, the drone being controlled remotely by a pilot, who is not onboard the drone, using controls of a control station in wireless communication with the drone, wherein the method comprises the following steps:
using a path estimator of the control station and not embedded on the drone, the path estimator including a controller, a display that is controlled by the controller, a receiver, and a memory that stores at least geographical coordinates of at least one boundary of the authorized airspace, to receive, by the receiver, data carrying an item of speed data of the drone and an item of location data carrying a current position of the drone and an item of navigation data of the drone making it possible to assess whether the drone is flying in a straight line or performing a turn, and
to determine, by the controller, a value of the item of speed data, a value of the item of location data, and a value of the item of navigation data based on the data received by the receiver; and
displaying several symbols on the display of the path estimator under control of the controller, the displaying of several symbols comprising: i) displaying an aircraft symbol showing a current position of the drone; ii) displaying a boundary symbol showing the at least one a boundary of the authorized airspace in a position in relation to the aircraft symbol representative of a position of the at least one boundary of the authorized airspace in relation to the current position of the drone; and
iii) determining a geometry and displaying a path symbol showing a predicted path of the drone without changing values of the item of speed data and the item of navigation data,
the geometry of the path symbol being a shape of the path symbol determined by the controller using a stored model stored in the memory and based at least on the value of the item of speed data and the value of the item of navigation data, wherein the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period, a length of the path symbol being limited not to exceed a predetermined length, wherein displaying the several symbols on the display enables the pilot viewing the display to remotely assess whether the drone will remain within the authorized airspace during the upcoming time period and modify the path of the drone to keep the drone within the authorized airspace; wherein, before displaying several symbols, the method comprises
determining whether the drone is flying in a straight line or performing a turn based on the item of navigation data with or without hysteresis, the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn.
Regarding the additional limitations:
“a path estimator”, “a controller”, and “controller using a stored model (instant spec: [0011] The model may, for example, comprise one or more mathematical laws, one or more equations, etc.)”, the examiner respectfully submits that these limitations explain/expand on how the exception is to be applied. Further, it appears the crux of the invention is a mathematical model, which is addressed below.
Generic computer/processor and data acquisition via generic sensors
Determining (receiving) speed, location, vector, heading, as stated above, is receiving data acquired from sensors, which is extra-solution (pre-solution).
All of the displaying, the examiner respectfully submits, is extra-solution activity (post-solution).
In general, the additional limitations appear to be an expansion of how the mental process will be applied using a processor and math stored in other hardware.
The use of generic sensors to acquire data, and displaying a determination based upon data acquired using a generic computer/processor does not integrate the abstract idea into a practical application significantly more the judicial exception. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application.
Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the evaluating amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of collection and displaying, the examiner submits that these limitations are insignificant extra-solution activities (pre and post solution). Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well understood, routine, conventional activity in the field. The additional limitations are well-understood, routine, and conventional activities because the background recites that the sensors are all conventional sensors (speed, gps, etc.), and the specification does not provide any indication that the vehicle controller is anything other than a conventional computer/processor. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. The additional limitations of “displaying” is a well-understood, routine, and conventional activity because the Federal Circuit in Trading Techs. Int’l v. IBG LLC, 921 F.3d 1084, 1093 (Fed. Cir. 2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017), for example, indicated that the mere displaying of data is a well understood, routine, and conventional function. Hence, the claim is not patent eligible.
Dependent claim(s) 2-3 and 5-9, and 11-18 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects (an expansion) of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 2-3 and 5-9, and 11-18 are not patent eligible under the same rationale as provided for in the rejection of 1.
Therefore, claim(s) 1-3, 5-9, and 11-21 is/are ineligible under 35 USC §101, because estimating a path of a vehicle based on current state can be practically performed within the human mind.
CLAIMS 6-8 ARE REJECTED under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Parallel to the analysis of claim 1,
Claim 7 (claims 6 ((MPEP 2106.04(a)(2),I,A) equations in word form) and 8 parallel) Recites:
The method according to claim 5, wherein
the turn radius is determined using the following relation: R= (V*V) / (g*tan (phi))
where "R" represents the turn radius,
"V" represents the item of speed data,
"g" represents the acceleration of gravity,
"phi" represents the item of navigation data in the form of a roll angle,
"=" represents the equals sign,
"/" represents the division sign and
"*" represents the multiplication sign.
The examiner respectfully submits, the claim contains only an equation and the equation description. Therefore, there are no limitations capable of integrating the judicial exception into a practical application.
The courts have stated ‘‘mathematical formula as such is not accorded the protection of our patent laws”. When determining whether a claim recites a mathematical concept (i.e., mathematical relationships, mathematical formulas or equations, and mathematical calculations), examiners should consider whether the claim recites a mathematical concept or merely limitations that are based on or involve a mathematical concept. A claim does not recite a mathematical concept (i.e., the claim limitations do not fall within the mathematical concept grouping), if it is only based on or involves a mathematical concept. See, e.g., Thales Visionix, Inc. v. United States, 850 F.3d 1343, 1348-49, 121 USPQ2d 1898, 1902-03 (Fed. Cir. 2017) (determining that the claims to a particular configuration of inertial sensors and a particular method of using the raw data from the sensors in order to more accurately calculate the position and orientation of an object on a moving platform did not merely recite "the abstract idea of using ‘mathematical equations for determining the relative position of a moving object to a moving reference frame’."). For example, a limitation that is merely based on or involves a mathematical concept described in the specification may not be sufficient to fall into this grouping, provided the mathematical concept itself is not recited in the claim (see MPEP 2106.04(a)(2)(I, Para. 3)). A claim that recites a numerical formula or equation will be considered as falling within the "mathematical concepts" grouping (see MPEP 2106.04(a)(2)(I, B Para. 1)).
Claim Rejections - 35 USC § 103
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 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) 1-3, 5-9, and 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 20180068567 A) in view of Dupre (US 20090055037 A1).
REGARDING CLAIM 1, Gong discloses, using a path estimator of the control station and not embedded on the drone (Gong: [0445] The predicted path 1310 of the UAV travel may be determined. Data from a user remote controller may be used to determine information about the predicted path; [0508] the air control system may provide countermeasures against aircrafts continuing non-compliance + [0588] The non-compliance countermeasure system may track UAV activity ... the location of the UAV may be tracked ... include orientation of the ... include tracking movement of the UAV (e.g., translational velocity, translational acceleration, angular velocity, angular acceleration); [0933] a future flight path may be displayed on a user interface … a UAV may have a predetermined or semi-predetermined flight plan. The flight plan may include a projected future flight path. The projected flight path may be displayed on the user interface ... a line or other indicator of a path may be shown where the UAV is projected to travel ... The future flight path may be altered or updated in real-time. The future flight path may be updated and/or displayed continuously), the path estimator including a controller (Gong: [0445] The predicted path 1310 of the UAV travel may be determined. Data from a user remote controller may be used to determine information about the predicted path; [0508] the air control system may provide countermeasures against aircrafts continuing non-compliance + [0588] The non-compliance countermeasure system may track UAV activity ... the location of the UAV may be tracked ... include orientation of the ... include tracking movement of the UAV (e.g., translational velocity, translational acceleration, angular velocity, angular acceleration); [0933] a future flight path may be displayed on a user interface … a UAV may have a predetermined or semi-predetermined flight plan. The flight plan may include a projected future flight path. The projected flight path may be displayed on the user interface ... a line or other indicator of a path may be shown where the UAV is projected to travel ... The future flight path may be altered or updated in real-time. The future flight path may be updated and/or displayed continuously), a display that is controlled by the controller (Gong: [0024] Additionally aspects of the invention may be directed to a method of displaying geo-fencing information for an unmanned aerial vehicle (UAV), said method comprising: receiving geo-fencing device data comprising (1) a location of at least one geo-fencing device and (2) one or more geo-fencing boundaries of the at least one geo-fencing device; providing a display configured to display information to a user; and showing, on the display, a map with (1) the location of the at least one geo-fencing device and (2) the one or more geo-fencing boundaries of the at least one geo-fencing device), a receiver (Gong: [0027] Aspects of the invention may be directed to a display device comprising: a receiver configured to receive data pertaining to at least one geo-fencing device; a display configured to show geo-fencing device information to a user based on the received data pertaining to the at least one geo-fencing device; one or more processors individually or collectively configured to receive a user input that affects operation of the at least one geo-fencing device; and a transmitter configured to convey one or more signal that affects the operation of the at least one geo-fencing device in accordance with the user input), and a memory (Gong: [0006] aspects of the invention may comprise a method of providing a set of flight regulations to an unmanned aerial vehicle (UAV), said method comprising: storing, in one or more storage units of a geo-fencing device, one or more sets of flight regulations for a predetermined geographic range of the geo-fencing device; and transmitting, with aid of a communication module configured to transmit information within the predetermined geographic range of the geo-fencing device, a set of flight regulations selected from the one or more sets of flight regulations to the UAV when the UAV enters the predetermined geographic range of the geo-fencing device) that stores at least geographical coordinates of at least one boundary of the authorized airspace (Gong: [0005] An aspect of the invention is directed to a geo-fencing device, said geo-fencing device comprising: a communication module configured to transmit information within a predetermined geographic range of the geo-fencing device; and one or more storage units configured to store one or more sets of flight regulations for the predetermined geographic range of the geo-fencing device, wherein the communication module is configured to send a set of flight regulations selected from the one or more sets of flight regulations to an unmanned aerial vehicle (UAV) when the UAV enters the predetermined geographic range of the geo-fencing device. [0006] Additionally, aspects of the invention may comprise a method of providing a set of flight regulations to an unmanned aerial vehicle (UAV), said method comprising: storing, in one or more storage units of a geo-fencing device, one or more sets of flight regulations for a predetermined geographic range of the geo-fencing device; and transmitting, with aid of a communication module configured to transmit information within the predetermined geographic range of the geo-fencing device, a set of flight regulations selected from the one or more sets of flight regulations to the UAV when the UAV enters the predetermined geographic range of the geo-fencing device), to receive, by the receiver, data carrying an item of speed data of the drone (Gong: [0446] At any given point in time, a predicted location 1330 for the UAV may be determined based on the predicted path. Predicted movement of the UAV, such as predicted velocity and/or predicted accelerated may be considered in calculating a predicted location ... if it is determined that the predicted path is straight forward and that the velocity of the UAV is remaining steady, a predicted location may be calculated; [0588] The non-compliance countermeasure system may track UAV activity ... the location of the UAV may be tracked ... include orientation of the ... include tracking movement of the UAV (e.g., translational velocity, translational acceleration, angular velocity, angular acceleration)) and an item of location data carrying a current position of the drone (Gong: [0446] At any given point in time, a predicted location 1330 for the UAV may be determined based on the predicted path. Predicted movement of the UAV, such as predicted velocity and/or predicted accelerated may be considered in calculating a predicted location ... if it is determined that the predicted path is straight forward and that the velocity of the UAV is remaining steady, a predicted location may be calculated; [0474] A UAV may regularly and actively report to the air control system its current position and course; [0508] the air control system may provide countermeasures against aircrafts continuing non-compliance + [0588] The non-compliance countermeasure system may track UAV activity ... the location of the UAV may be tracked ... include orientation of the ... include tracking movement of the UAV (e.g., translational velocity, translational acceleration, angular velocity, angular acceleration)) and an item of navigation data of the drone making it possible to assess whether the drone is flying in a straight line or performing a turn (Gong: [0446] At any given point in time, a predicted location 1330 for the UAV may be determined based on the predicted path. Predicted movement of the UAV, such as predicted velocity and/or predicted accelerated may be considered in calculating a predicted location ... if it is determined that the predicted path is straight forward and that the velocity of the UAV is remaining steady, a predicted location may be calculated; [0588] The non-compliance countermeasure system may track UAV activity ... the location of the UAV may be tracked ... include orientation of the ... include tracking movement of the UAV (e.g., translational velocity, translational acceleration, angular velocity, angular acceleration)), and to determine, by the controller, a value of the item of speed data (Gong: [0099] the data can be received from sensors of different types (e.g., two, three, four, five, or more types). Sensors of different types may measure different types of signals or information (e.g., position, orientation, velocity, acceleration, proximity, pressure, etc.) and/or utilize different types of measurement techniques to obtain data), a value of the item of location data (Gong: [0099] the data can be received from sensors of different types (e.g., two, three, four, five, or more types). Sensors of different types may measure different types of signals or information (e.g., position, orientation, velocity, acceleration, proximity, pressure, etc.) and/or utilize different types of measurement techniques to obtain data), based on the data received by the receiver (Gong: [0099] the data can be received from sensors of different types (e.g., two, three, four, five, or more types). Sensors of different types may measure different types of signals or information (e.g., position, orientation, velocity, acceleration, proximity, pressure, etc.) and/or utilize different types of measurement techniques to obtain data); and displaying several symbols on the display of the path estimator under control of the controller (Gong: [0382] The user terminal may be a display device configured to show data based on information received from the UAV; [0918] FIG. 35 shows an example of a user interface showing information about one or more geo-fencing devices ... A display device 3510 may have a screen or other portion that may show a user interface 3520 which may display information about one or more geo-fencing devices ... a map of the geo-fencing devices 3530a, 3530b, 3530c may be displayed. The user interface may show the location of the geo-fencing devices relative to one another. The user interface may show corresponding boundaries 3540a, 3540b, 3540c for the geo-fencing devices. A location of a UAV 3550 relative to the geo-fencing devices may be displayed; [0925] a display configured to display information to the user, wherein the display shows a map with (1) the location of the at least one geo-fencing device and (2) the one or more geo-fencing boundaries of the at least one geo-fencing device; [0932] a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector; [0934] A priority level for the geo-fencing devices may be displayed on the user interface. A visual indicator may permit visual differentiation between different levels of priorities for the geo-fencing devices. For example, a size or shape of an icon may be indicative of a priority level for the geo-fencing device. A color of an icon may be indicative of a priority level for the geo-fencing device. A label, such as a word or numerical value may be provided by the geo-fencing device which may be indicative of the priority level of the geo-fencing device; [0997] to display information of the movable object, carrier, and/or payload with respect to position, translational velocity, translational acceleration, orientation, angular velocity, angular acceleration, or any suitable combinations thereof), the displaying of several symbols comprising: i) displaying an aircraft symbol showing a current position of the drone (Gong: [0923] A location of the first UAV may be displayed in relation to the locations and/or boundaries of the geo-fencing devices … A location of the second UAV may be displayed in relation to the locations and/or boundaries of the geo-fencing devices; [0926] Locations of objects shown on the remote display device may be updated in real-time. For example, a location of a UAV shown on the remote device may be updated in real-time; [0932] a UAV may have a flight trajectory or direction. The trajectory or direction of the UAV may be shown on the user interface ... an arrow or vector may be pointed in the direction that the UAV is traveling. The visual indicator of UAV direction or trajectory may or may not be indicative of UAV speed or other movement factors ... the indicator may be able to visually distinguish whether the UAV is traveling at a higher velocity or lower velocity ... a numerical velocity value may be displayed ... a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector ... [0933] Information pertaining to a UAV flight path may be displayed on the user interface ... information about the past UAV flight path may be displayed ... a dotted line or other indicator of a path may show where the UAV has already traveled. A map may display a line or other indicator of the path that the UAV has already traversed ... The future flight path may be updated and/or displayed continuously); ii) displaying a boundary symbol showing the at least one a boundary of the authorized airspace in a position in relation to the aircraft symbol representative of a position of the at least one boundary of the authorized airspace in relation to the current position of the drone (Gong: [0934] A priority level for the geo-fencing devices may be displayed on the user interface. A visual indicator may permit visual differentiation between different levels of priorities for the geo-fencing devices. For example, a size or shape of an icon may be indicative of a priority level for the geo-fencing device. A color of an icon may be indicative of a priority level for the geo-fencing device. A label, such as a word or numerical value may be provided by the geo-fencing device which may be indicative of the priority level of the geo-fencing device); and iii) determining a geometry and displaying a path symbol showing a predicted path of the drone without changing values of the item of speed data and the item of navigation data (Gong: [0932] a UAV may have a flight trajectory or direction. The trajectory or direction of the UAV may be shown on the user interface ... an arrow or vector may be pointed in the direction that the UAV is traveling. The visual indicator of UAV direction or trajectory may or may not be indicative of UAV speed or other movement factors ... the indicator may be able to visually distinguish whether the UAV is traveling at a higher velocity or lower velocity ... a numerical velocity value may be displayed ... a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector ... [0933] Information pertaining to a UAV flight path may be displayed on the user interface ... information about the past UAV flight path may be displayed ... a dotted line or other indicator of a path may show where the UAV has already traveled. A map may display a line or other indicator of the path that the UAV has already traversed ... The future flight path may be updated and/or displayed continuously), the geometry of the path symbol being a shape of the path symbol (Gong: [0019] A geo-fencing device may be provided in accordance with an aspect of the invention, comprising: one or more memory storage units configured to store a plurality of indicator parameters; and a dynamic indicator that (1) changes over time from being in accordance with a first indicator parameter to being in accordance with a second indicator parameter of said plurality, and (2) is configured to be detectable by an unmanned aerial vehicle (UAV) (a) while the UAV is in flight and (b) when the UAV enters within a predetermined geographic range of the geo-fencing device; [0932] a UAV may have a flight trajectory or direction. The trajectory or direction of the UAV may be shown on the user interface ... an arrow or vector may be pointed in the direction that the UAV is traveling. The visual indicator of UAV direction or trajectory may or may not be indicative of UAV speed or other movement factors ... the indicator may be able to visually distinguish whether the UAV is traveling at a higher velocity or lower velocity ... a numerical velocity value may be displayed ... a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector ... [0933] Information pertaining to a UAV flight path may be displayed on the user interface ... information about the past UAV flight path may be displayed ... a dotted line or other indicator of a path may show where the UAV has already traveled. A map may display a line or other indicator of the path that the UAV has already traversed ... The future flight path may be updated and/or displayed continuously) determined by the controller using a stored model stored in the memory and based at least on the value of the item of speed data and the value of the item of navigation data (Gong: [0019] A geo-fencing device may be provided in accordance with an aspect of the invention, comprising: one or more memory storage units configured to store a plurality of indicator parameters; and a dynamic indicator that (1) changes over time from being in accordance with a first indicator parameter to being in accordance with a second indicator parameter of said plurality, and (2) is configured to be detectable by an unmanned aerial vehicle (UAV) (a) while the UAV is in flight and (b) when the UAV enters within a predetermined geographic range of the geo-fencing device; [0932] a UAV may have a flight trajectory or direction. The trajectory or direction of the UAV may be shown on the user interface ... an arrow or vector may be pointed in the direction that the UAV is traveling. The visual indicator of UAV direction or trajectory may or may not be indicative of UAV speed or other movement factors ... the indicator may be able to visually distinguish whether the UAV is traveling at a higher velocity or lower velocity ... a numerical velocity value may be displayed ... a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector ... [0933] Information pertaining to a UAV flight path may be displayed on the user interface ... information about the past UAV flight path may be displayed ... a dotted line or other indicator of a path may show where the UAV has already traveled. A map may display a line or other indicator of the path that the UAV has already traversed ... The future flight path may be updated and/or displayed continuously), wherein the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period (Gong: also see [0445-0446] for fixed; [0747] if the UAV were to continue along the flight trajectory, the UAV may encounter a boundary of a geo-fencing device on the way to the destination), a length of the path symbol being limited not to exceed a predetermined length (Gong: [0932] a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector), wherein displaying the several symbols on the display enables the pilot viewing the display to remotely assess whether the drone will remain within the authorized airspace during the upcoming time period (Gong: [0004] The systems may uniquely identify various parties that are interacting (e.g., users, remote controllers, UAVs, geo-fencing devices); [0025-0028] comprising (1) a location of at least one geo-fencing device and (2) one or more geo-fencing boundaries of the at least one geo-fencing device; and a display configured to display information to the user, wherein the display shows a map with (1) the location of the at least one geo-fencing device and (2) the one or more geo-fencing boundaries of the at least one geo-fencing device; [0129] The flight regulation module may suggest modifications to the flight plans that may put them in compliance with the set of flight regulations. The flight regulation module may generate or suggest a set of flight plans for the UAV that may comply with the set of flight regulations. A user may enter one or more parameters or goals for a UAV mission; [0722]) and modify the path of the drone to keep the drone within the authorized airspace (Gong: [0004] The systems may uniquely identify various parties that are interacting (e.g., users, remote controllers, UAVs, geo-fencing devices); [0025-0028] comprising (1) a location of at least one geo-fencing device and (2) one or more geo-fencing boundaries of the at least one geo-fencing device; and a display configured to display information to the user, wherein the display shows a map with (1) the location of the at least one geo-fencing device and (2) the one or more geo-fencing boundaries of the at least one geo-fencing device; [0129] The flight regulation module may suggest modifications to the flight plans that may put them in compliance with the set of flight regulations. The flight regulation module may generate or suggest a set of flight plans for the UAV that may comply with the set of flight regulations. A user may enter one or more parameters or goals for a UAV mission; [0722]; [0116] Each user may control the corresponding user's UAV. The user may be pre-registered with the UAV so that only the authorized user can control the corresponding UAV ... [0414] When the received user commands at the UAV match the sent user commands from the user remote controller 1215, the UAV may be able to operate in accordance with the commands from the user; [0554] the course of the UAV may be altered to cause the UAV to not enter the region within the geo-fencing boundary or may cause the UAV to leave the region within the geo-fencing boundary if the UAV has entered. Any other type of flight response measure may be taken, which may include providing an alert to a user of the UAV; [0571] In some embodiments, the geo-fencing device may be a remote controller configured to receive a user input. The remote controller may control operation of the UAV. This may be useful when a geo-fencing boundary is used to permit operation of the UAV within the geo-fencing boundary, but restrict operation of the UAV outside the geo-fencing boundary); wherein the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period (Gong: [0933] The future flight path may be altered or updated in real-time. The future flight path may be updated and/or displayed continuously, periodically (e.g., at regular or irregular intervals), in accordance with a schedule ... the future flight path shown on a screen may be updated within less than 15 minutes, 10 minutes, 5 minutes, 3 minutes, 2 minutes, 1 minute, 30 seconds, 15 seconds, 10 seconds, 5 seconds, 3 seconds, 2 seconds, 1 second, 0.5 seconds, 0.1 seconds, 0.05 seconds, or 0.01 seconds of an alteration to the future flight path), a length of the path symbol being limited in order not to exceed a predetermined length (Gong: [0932] a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector), wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line (Gong: [0445] Attitude/orientation of the UAV may be considered in calculating a predicted path … [0446] if it is determined that the predicted path is straight forward and that the velocity of the UAV is remaining steady, a predicted location may be calculated) or performing a turn (Gong: [0445] Attitude/orientation of the UAV may be considered in calculating a predicted path) based on the item of navigation data with or without hysteresis (Gong: [0445] Attitude/orientation of the UAV may be considered in calculating a predicted path. The flight commands may result in maintenance or adjustment of the UAV orientation, which may be used to affect a flight path), the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn (Gong: [0932] a numerical velocity value may be displayed ... a longer arrow or vector may correspond with a greater velocity than a shorter arrow or vector; [0933] a future flight path may be displayed on a user interface … a UAV may have a predetermined or semi-predetermined flight plan. The flight plan may include a projected future flight path. The projected flight path may be displayed on the user interface ... a line or other indicator of a path may be shown where the UAV is projected to travel ... The future flight path may be altered or updated in real-time. The future flight path may be updated and/or displayed continuously).
As stated in the prior office action, the examiner respectfully submits Gong discloses, wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line or performing a turn based on the item of navigation data with or without hysteresis, the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn.
However, in the alternative, and in the same field of endeavor, Dupre discloses, wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line (Dupre: [0014] b) the current values of flight characteristics of the aircraft (speed, heading, etc.); [0020] the said predicted path is displayed; [0034] a breakdown into a path without wind (basic trigonometry; [0035] superimposition of a constant wind (constant drift); [0036] display of the path in consecutive segments) or performing a turn (Dupre: [ABS] a predicted path which is a flight path having a constant roll angel, taking account of the effect of the wind) based on the item of navigation data with or without hysteresis (Dupre: [ABS] a predicted path which is a flight path having a constant roll angel, taking account of the effect of the wind), the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn (Dupre: [0036] display of the path in consecutive segments), for the benefit of a sufficiently precise and continuous path display.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Gong to include considering current values and characteristics before updating a predicted path taught by Dupre. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to provide a sufficiently precise and continuous path display.
REGARDING CLAIM 2, Gong in view of Dupre remain as applied above to claim 1, and further, Gong also discloses, the path symbol is positioned in relation to a current heading angle or a current track angle of the drone (Gong: [0474]; [0932-0933]; [FIG. 42]; [0588]; [0907]; [0997]).
Gong does not explicitly recite the terminology "path symbol is positioned in relation to a current heading angle or a current track angle". However, Gong discloses tracking and displaying trajectory, vector, orientation, translational acceleration, angular velocity, and angular acceleration. Which is "a current heading angle or a current track angle".
REGARDING CLAIM 3, Gong remains as applied above to claim 1, and further, Gong also discloses, the item of speed data is an air speed or a ground speed (Gong: [0099]), and the item of navigation data is a roll angle or a heading angle or a track angle (Gong: [0148]; [0474]; [0588]; [0997]).
Gong does not explicitly recite the terminology "a roll angle or a heading angle or a track angle". However, Gong discloses tracking and displaying trajectory, vector, orientation, translational acceleration, angular velocity, position, course, and angular acceleration. Which is "a roll angle or a heading angle or a track angle".
REGARDING CLAIM 5, Gong in view of Dupre remains as applied above to claim 1, and further, Dupre also discloses, before displaying several symbols and when a turn is being performed, the method comprises determining with the path estimator a turn radius (R) based on the item of speed data and the item of navigation data, the geometry of the path symbol being based on the turn radius (Dupre: [0022-0026]).
REGARDING CLAIM 6, Gong in view of Dupre remains as applied above to claim 5, and further, Dupre also discloses, the path symbol is in the shape of an arc with the turn radius multiplied by a scale factor (Dupre: [FIG. 2]; [0080-0081]).
REGARDING CLAIM 7, Gong in view of Dupre remains as applied above to claim 5, and further, Dupre also discloses, the turn radius is determined using the following relation: R= (V*V) / (g*tan (phi)) where "R" represents the turn radius, "V" represents the item of speed data, "g" represents the acceleration of gravity, "phi" represents the item of navigation data in the form of a roll angle, "=" represents the equals sign, "/" represents the division sign and "*" represents the multiplication sign (Dupre: [0022-0026]).
REGARDING CLAIM 8, Gong in view of Dupre remains as applied above to claim 5, and further, Dupre also discloses, the turn radius is determined using the following relation: R=V/ (dxi/dt) where "R" represents the turn radius, "V" represents the item of speed data, "dxi/dt" represents the derivative or the pseudo- derivative of the item of navigation data in the form of a track or heading angle, "=" represents the equals sign and "/" represents the division sign (Dupre: [0022-0026]).
Dupre does not explicitly recite the equation, R=V/ (dxi/dt). However, because applying any mathematical formulae, including that of the claim 8, would have been an obvious permutation for one of ordinary skill in the art because it facilitates known mathematical means for deriving displacement and orientation, as shown by Dupre. Since the formula failed to provide novel or unexpected results from the usage of said formula, use of any mathematical means, including that of the recited formula, would be an obvious matter well within the scope of customary practices for one of ordinary mathematical/engineering skill.
REGARDING CLAIM 9, Gong in view of Dupre remains as applied above to claim 5, and further, Gong also discloses, the method comprising comparing the value of the item of navigation data with at least one navigation threshold (Gong: [0124]; [0161]; [0490]; [0554]; [0589]; [0705]).
Gong does not explicitly disclose, the aircraft symbol is positioned along a first geometric axis dividing a screen of the display into a first side and a second side, during a turn, the method comprises determining the position of a center along a second axis orthogonal to the first axis at a distance from the aircraft symbol equal to the product of the turn radius and a scale factor, the center being positioned on the first side or the second side depending on the comparison, the path symbol having an arc starting from the aircraft symbol and centered on the center.
However, in the same field of endeavor, Dupre also discloses, the aircraft symbol is positioned along a first geometric axis dividing a screen of the display into a first side and a second side (Dupre: [FIG. 2]), during a turn, the method comprises determining the position of a center along a second axis orthogonal to the first axis at a distance from the aircraft symbol equal to the product of the turn radius (Dupre: [FIG. 2]) and a scale factor (Dupre: [FIG. 2]), the center being positioned on the first side or the second side depending on the comparison (Dupre: [FIG. 2]), the path symbol having an arc starting from the aircraft symbol and centered on the center (Dupre: [FIG. 2]).
REGARDING CLAIM 14, Gong discloses, helping the pilot to keep the drone within an authorized airspace (Gong: [0445]; [1010]), wherein the path estimator is a part of the control station (Gong: [0445]; [0508]; [0933]; [0024]) and includes a receiver that is configured to receive at least one signal (Gong: [0027]) and a controller that is configured to decode the at least one signal received by the receiver to determine a value of an item of speed data of the drone (Gong: [0508]; [0933]) and a value of an item of location data carrying a current position of the drone (Gong: [0446]; [0474]; [0508] + [0588]) and a value of an item of navigation data of the drone making it possible to assess whether the drone is flying in a straight line or performing a turn (Gong: [0446]; [0588]); wherein the path estimator further includes a memory that stores at least geographical coordinates of at least one boundary of the authorized airspace (Gong: [0005]) and a display that is controlled by the controller to display several symbols on the display (Gong: [0382]; [0918]; [0925]; [0932]; [0934]; [0997]), the displaying of several symbols comprising: i) displaying an aircraft symbol showing a current position of the drone (Gong: [0923]; [0926]; [0932-0933]); ii) displaying a boundary symbol showing a-the at least one boundary of the authorized airspace in a position in relation to the aircraft symbol representative of a position of the at least one boundary of the authorized airspace in relation to the current position of the drone (Gong: [0934]); and iii) determining a geometry and displaying a path symbol showing a predicted path of the drone without changing values of the item of speed data and the item of navigation data (Gong: [0932-0933]), the geometry of the path symbol being a shape of the path symbol (Gong: [0019]; [0932-0933]) determined by the controller using a stored model stored in the memory and based at least on the value of the item of speed data and the value of the item of navigation data (Gong: [0932-0933]), wherein the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period (Gong: [0933]), a length of the path symbol being limited not to exceed a predetermined length (Gong: [0932]), wherein displaying the several symbols on the display enables the pilot viewing the display to remotely assess whether the drone will remain within the authorized airspace during the upcoming time period (Gong: [0004]; [0025-0028]; [0129]; [0722]) and modify the path of the drone to keep the drone within the authorized airspace (Gong: [0004]; [0025-0028]; [0129]; [0722]; [0116]; [0414]; [0554]; [0571]); and wherein, before displaying several symbols, the path estimator is configured to determine whether the drone is flying in a straight line (Gong: [0445-0446]) or performing a turn (Gong: [0445]) based on the item of navigation data with or without hysteresis (Gong: [0445]), the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn (Gong: [0932-0933]).
As stated in the prior office action, the examiner respectfully submits Gong discloses, wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line or performing a turn based on the item of navigation data with or without hysteresis, the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn.
However, in the alternative, and in the same field of endeavor, Dupre discloses, wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line (Dupre: [0014]; [0020]; [0034]; [0036]) or performing a turn (Dupre: [ABS]) based on the item of navigation data with or without hysteresis (Dupre: [ABS]), the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn (Dupre: [0036]), for the benefit of a sufficiently precise and continuous path display.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Gong to include considering current values and characteristics before updating a predicted path taught by Dupre. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to provide a sufficiently precise and continuous path display.
REGARDING CLAIM 15, Gong in view of Dupre remains as applied above to claim 14, and further, Gong also discloses, A kit comprising a drone and the path estimator not embedded on the drone, wherein the path estimator is according to claim 14 (Gong: [0026]).
REGARDING CLAIM 16, Gong in view of Dupre remains as applied above to claim 15, and further, Gong also discloses, the drone comprises a speed sensor measuring the item of speed data (Gong: [0099]) and a navigation sensor measuring the item of navigation data (Gong: [0098]) and a position sensor measuring the item of location data (Gong: [0098]), the drone having a transmitter transmitting the item of speed data (Gong: [0094]) and the item of navigation data (Gong: [0098-0099]; [0125]; [0132]; [0384]) and the item of location data (Gong: [0098-0099]; [0125]; [0132]; [0384]), the path estimator having a receiver receiving the item of speed data (Gong: [0098-0099]; [0125]; [0132]; [0384]) and the item of navigation data (Gong: [0098-0099]; [0125]; [0132]; [0384]) and the item of location data (Gong: [0098-0099]; [0125]; [0132]; [0384]).
REGARDING CLAIM 17, Gong in view of Dupre remains as applied above to claim 1, and further, Gong also discloses, the predicted path of the drone is automatically generated using a flight path model stored in a memory of the path estimator (Gong: [0022] A non-transitory computer readable medium containing program instructions for operating an unmanned aerial vehicle (UAV) may be provided in accordance with aspects of the invention).
REGARDING CLAIM 18, Gong in view of Dupre remains as applied above to claim 1, and further, Gong also discloses, speed data, navigation data, and location data are measured by sensors embedded on the drone (Gong: [0098] he UAV may further comprise other sensors that may be used to determine a location of the UAV, such as global positioning system (GPS) sensors … [0099] Sensors of different types may measure different types of signals or information (e.g., position, orientation, velocity, acceleration, proximity, pressure, etc.)) and transmitted to the path estimator via a wireless communication link (Gong: [0156] The flight regulations may govern whether the sensors can store or transmit information; [0384] The user terminal may be capable of both sending information to the UAV and receiving information from the UAV; [0437] A UAV can send out messages containing a signature. The messages may comprise various types of information concerning flight control command, GPS position of the UAV and/or time information; [0536] the subsequent data message (MSG) may be a remote control command, position report, a velocity report, etc).
REGARDING CLAIM 19, Gong discloses, receiving, with a receiver of a path estimator that is part of the control station, at least one signal (Gong: [0445]; [0508]; [0588]; [0933]) and decoding, by a receiver of the path estimator, the at least one signal received by the receiver to determine a value of an item of speed data of the drone (Gong: [0446]; [0588]) and a value of an item of location data carrying a current position of the drone and a value of an item of navigation data of the drone to assess whether the drone is flying in a straight line or performing a turn (Gong: [0446]; [0474]; [0508-0588]), the path estimator having a memory that stores at least geographical coordinates of at least one boundary of the authorized airspace and a display that is controlled by the controller (Gong: [0446]; [0588]); and displaying several symbols on the display of the path estimator (Gong: [0382]; [0918]; [0925]; [0932]; [0934]; [0997]), the displaying of several symbols comprising: i) displaying an aircraft symbol showing a current position of the drone (Gong: [0923]; [0926]; [0932-0933]); ii) displaying a boundary symbol showing at least one boundary of the authorized airspace in a position in relation to the aircraft symbol representative of a position of the at least one boundary of the authorized airspace in relation to the current position of the drone (Gong: [0934]); and iii) determining a geometry and displaying a path symbol showing a predicted path of the drone without changing values of the item of speed data and the item of navigation data (Gong: [0932-0933]), the geometry of the path symbol being determined by the controller using a stored model stored in the memory and based at least on the value of the item of speed data and the value of the item of navigation data (Gong: [0019]; [0932-0933]), wherein the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period (Gong: [0933]), wherein displaying the several symbols on the display enables the pilot viewing the display to remotely assess whether the drone will remain within the authorized airspace during the upcoming time period (Gong: [0004]; [0025-0028]; [0129]; [0722]) and modify the path of the drone to keep the drone within the authorized airspace (Gong: [0004]; [0025-0028]; [0129]; [0722]; [0116]; [0414]; [0554]; [0571]); wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line (Gong: [0445-0446]) or performing a turn (Gong: [0445]), the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn (Gong: [0932]; [0933]).
As stated in the prior office action, the examiner respectfully submits Gong discloses, wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line or performing a turn based on the item of navigation data with or without hysteresis, the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn.
However, in the alternative, and in the same field of endeavor, Dupre discloses, wherein, before displaying several symbols, the method comprises determining whether the drone is flying in a straight line (Dupre: [0014]; [0020]; [0034-0036]) or performing a turn (Dupre: [ABS]) based on the item of navigation data with or without hysteresis (Dupre: [ABS]), the path symbol being in the form of a segment during a flight in a straight line and a curve during a turn (Dupre: [0036]), for the benefit of a sufficiently precise and continuous path display.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by Gong to include considering current values and characteristics before updating a predicted path taught by Dupre. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to provide a sufficiently precise and continuous path display.
REGARDING CLAIM 20, Gong in view of Dupre remains as applied above to claim 19, and further, Gong also discloses, the path symbol is positioned in relation to a current heading angle or a current track angle of the drone (Gong: [0474]; [0932-0933]; [FIG. 42]; [0588]; [0907]; [0997]).
Gong does not explicitly recite the terminology "path symbol is positioned in relation to a current heading angle or a current track angle". However, Gong discloses tracking and displaying trajectory, vector, orientation, translational acceleration, angular velocity, and angular acceleration. Which is "a current heading angle or a current track angle".
REGARDING CLAIM 21, Gong in view of Dupre remains as applied above to claim 19, and further, Dupre also discloses, determining with the path estimator a turn radius (Dupre: [0022-0026]) based on the item of speed data and the item of navigation data (Dupre: [0022-0026]), the geometry of the path symbol being based on the turn radius (Dupre: [0022-0026]), and the path symbol is in the shape of an arc with the turn radius multiplied by a scale factor (Dupre: [FIG. 2]; FIG. 2, the display mode shown is a usual mode called ARC, in which the aircraft symbol 13 has a fixed and centred position which is situated vertically at the bottom and horizontally at the centre of the display screen 11; [0080] a heading scale 14; and [0081] a distance scale 15).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 20180068567 A) in view of Dupre (US 20090055037 A1) as applied to claim 1 above, and further in view of Lin (US 20150142218 A1).
REGARDING CLAIM 11, Gong, as modified, remains as applied above to claim 1, and further, Gong, as modified, does not explicitly disclose, displaying of the path symbol is disabled below a stored air speed or ground speed of the drone, with or without hysteresis.
However, in the same field of endeavor, Lin discloses, displaying of the path symbol is disabled below a stored air speed or ground speed of the drone, with or without hysteresis (Lin: [0056]; [0090]), for the benefit of prompting human intervention and confirming guiding is complete.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Gong to include signaling to prompt human intervention and confirming completion taught by Lin. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to prompt human intervention and confirming guiding is complete.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 20180068567 A) in view of Dupre (US 20090055037 A1) as applied to claim 1 above, and further in view of Walter (US 20130066488 A1) in further view of Polle (US 20170345166 A1).
REGARDING CLAIM 12, Gong, as modified, remains as applied above to claim 1, and further, Gong, as modified, does not explicitly disclose, filtering at least one item of data from the item of speed data and the item of navigation data with a low-pass filter.
However, in the same field of endeavor, Walter discloses, filtering at least one item of data from the item of speed data (Walter: [0033]), for the benefit of avoiding an inappropriate reaction from the crew to an erroneous airspeed indication.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Gong to include speed data filtering taught by Walter. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to avoid an inappropriate reaction from the crew to an erroneous airspeed indication.
Gong, as modified, does not explicitly disclose, filter the item of navigation data with a low-pass filter.
However, in the same field of endeavor, Polle discloses, and the item of navigation data with a low-pass filter (Polle: [ABS]), for the benefit of preventing error propagation over time.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Gong to include navigation data filtering taught by Walter. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to prevent error propagation over time.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (US 20180068567 A) in view of Dupre (US 20090055037 A1) as applied above to claim 1, and in further view of Graetz (US 20190054937 A1).
REGARDING CLAIM 13, Gong, as modified, remains as applied above to claim 1, and further, Gong, as modified, does not explicitly disclose, displaying of several symbols comprises displaying, on the display, a representation of the overflown terrain on top of which the aircraft symbol, the boundary symbol and the path symbol are superposed.
However, in the same field of endeavor, Graetz discloses, displaying, on the display, a representation of the overflown terrain on top of which the aircraft symbol, the boundary symbol and the path symbol are superposed (Graetz: [0099]), for the benefit of detecting an interference along the flight path based on the received data, and adjusting the flight plan based on the interference.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method disclosed by a modified Gong to include symbols and terrain features taught by Graetz. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to detect an interference along the flight path based on the received data, and adjusting the flight plan based on the interference.
Response to Arguments
Applicant’s arguments, beginning on page 15, filed 06-22-2026, with respect to the §112(a)(b) rejections and §112(f) claim interpretation, have been fully considered and are persuasive. The §112(a)(b) rejections and §112(f) claim interpretation has been withdrawn.
Applicant's arguments filed 06-22-2026, beginning on page 10, regarding the rejection of the independent claims under 35 USC §101, ineligible subject matter, have been fully considered but they are not persuasive.
To the examiner’s best understanding, the applicant has contended that the independent claim 1 has a practical application because it allows a pilot to control an aircraft from an off-board location, has a display that displays math results. The examiner respectfully submits, because a person can practically determine/predict if a vehicle will depart from a lane without signaling or overrun crosswalk boundaries just by observing, the claimed invention of claim 1 can be practically performed within the human mind. Further, receiving sensor data (current speed, current heading, and current location), and doing math to determine if a vehicle will overrun a boundary is well within the limitations of the human mind. For example, with the known stopping distance formula d=(v^2)/(2*mu*g). Further, displaying the results of a mathematical equation is post-solution/extra-solution activity. Because the independent claim 1 is devoid of an autonomous command/control, and the solution of claim 1 can be practically performed within the human mind, by observation or by basic equations, the examiner respectfully maintains the rejection of the independent claims under 35 USC §101, ineligible subject matter.
Applicant's arguments regarding the rejection of the independent claims under 35 USC §103, obviousness, have been fully considered but they are not persuasive. In considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom (mpep 2144.01). Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation … a change in form, proportions, or degree “will not sustain a patent” … It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions (mpep 2144.05.II.A). To the examiner’s best understanding, the applicant has contended that the prior art of Gong (US 20180068567 A) fails to disclose “the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period”. The examiner respectfully disagrees. Taking into account not only specific teachings of Gong (US 20180068567 A) (also see [0445-0446] for fixed; [0747] if the UAV were to continue along the flight trajectory, the UAV may encounter a boundary of a geo-fencing device on the way to the destination) but also the inferences, one of ordinary skill in the art would reasonably conclude that an aircraft predicted path for a time period can only be fixed or adjustable. Thus, to the examiner’s best understanding, any time frame disclosed within Gong (US 20180068567 A) discloses “the path symbol displays the predicted path that the drone will follow for a fixed or adjustable upcoming time period”. Because the prior art discloses that which is claimed, the examiner respectfully maintains the rejection of the independent claims under 35 USC §103, obviousness.
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.
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/A.S./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
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