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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Nahuel-Andrejuk et al .(U.S. Patent No 11,059,582, hereinafter Nahuel) in view of Wang et al. (U.S. Publication No. 2016/0144734, hereinafter Wang), Colby (U.S. Patent No. 6,422,506,hereinafter Colby), Davidson et al. (U.S. Publication No. 2008/0077616, hereinafter Davidson) and Marshall et al. (U.S. Patent No. 7,543,780, hereinafter Marshall).
With respect to Claim 1, Nahuel discloses [see fig 4, unless otherwise noted] deployable unit of a stay connected (STAY-C) environmental characterization system, the deployable unit comprising:
a body [209];
a telescoping mounting spike [222, see column 13, lines 37-65] that normally assumes a retracted position and selectively assumes an extended position at which the mounting spike is insertable into a surface [106] for mounting the body;
internal circuitry [controller 202; column 12, lines 27-30] configured to characterize local environmental conditions [via sensors 204];
a power source [inherent] configured to power the internal circuitry; and
first actuatable element supported on the body, the first actuatable element being actuatable to cause the telescoping mounting spike to assume the extended position [column 13, lines 37-6 shows the spike penetrating the surface and the controller activating the spike; column 14, lines 30-45 further show actuation of 206 via controller 202 that adjusts the depth and attitude of the UAV].
Nahuel doesn’t discloses that the controller 202 is specifically a FPGA.
The examiner takes official notice that FPGAs are common controller types used in the field.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a FPGA controller as they are ideal for small scale operations.
Since the applicant failed to traverse the examiner assertion of "common knowledge" or "official notice taken on a fact", said fact or knowledge is taken to be admitted prior art. See MPEP 2144.03-C.
Nahuel doesn’t disclose a second actuatable element being actuatable to activate the internal circuitry. Power switches on the outside of drones are common.
Wang shows a similar deployable unit that has a power source [para 37] and an actuatable element being actuatable to activate the internal circuitry [power switch; para 70].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to ensure that Nahuel has a second actuatable element being actuatable to activate the internal circuitry for the benefit of saving power when not in use.
Nahuel nor Wang disclose a humidity sensor, temperature sensor, dosimeter or SEU monitor.
Colby shows a weather monitoring device with temperature and humidity sensors. See Column 4, lines 18-20.
Davidison shows a drone with an SEU monitor, see para 18.
Marshall shows a drone with a dosimeter, see column 9, lines 5-7.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of Nahuel and Wang by adding temperature and humidity sensors, and a dosimeter to better characterize the local conditions and to add an SEU monitor for increased data integrity.
With respect to Claim 3, Wang discloses that the power source comprises a battery and the deployable unit further comprises a charging port by which the battery is chargeable. See para 37 for wired power charging of a battery.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nahuel, Wang, Colby, Davidson and Marshall in further view of CN107193025, hereinafter CN.
With respect to Claim 4, CN discloses further comprising a photovoltaic (PV) panel attachable to the body and operable as the power source. See page 5, para 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify the combination of Nahuel, Wang and CN by attaching a PV panel to the body as a power source for the benefit of increasing flight time.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Nahuel, Wang, Colby, Davidson and Marshall in further view of CN and Barnes (U.S. Publication No. 2012/0085868, hereinafter Barnes).
With respect to Claim 2, Nahuel disclose determining local environmental conditions [rainfall; see column 13, lines 20-36] but neither Nahuel nor Wang disclose further comprising a screen on which a user interface (UI) is displayable by the internal circuitry to convey details of an operational mode of the deployable unit and the local environmental conditions.
CN shows an information display screen [7, see page 4, para 1] for a deployable unit that also monitors local environmental conditions [weather information, see page 3 and meteorological information, last line of page 2 ].
CN doesn’t clearly state what information is displayed on the information display screen.
Barnes shows a display that shows weather information [para 79] and power status [para 109, which indicates an operational mode].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add to the combination of Nahuel and Wang a screen on which a user interface (UI) is displayable by the internal circuitry to convey details of an operational mode of the deployable unit and the local environmental conditions for the benefit of easily conveying information to the user.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Nahuel, Wang, Colby, Davidson and Marshall in further view of CN and Reiner (U.S. Publication No. 20170199979, hereinafter Reiner).
With respect to Claim 6, neither Nahuel nor Wang disclose that the internal circuitry characterizes the local environmental conditions by extrapolating weather and radiation patterns.
CN disclose a similar deployable unit that determines weather and radiation patterns. See page 4, under “specific implementation methods” for weather instrument 5 and radiation meter and page 2, last line for meteorological instrument but doesn’t show any extrapolation.
Reiner shows a drone [para 27] that tracks weather and radiation and extrapolates patterns for predictions of future environmental conditions [para 256].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that Nahuel’s environmental condition monitoring could be enhanced by not only monitoring weather and radiation, but also extrapolating to predict future conditions.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Nahuel, Wang, Colby, Davidson and Marshall in further view of Wang et al. (U.S. Patent No. 9,139,310, hereinafter Wang2).
With respect to Claim 5, neither Nahuel nor Wang2 disclose further comprising a mounting element by which the body is mountable to an extra-vehicular activity (EVA) suit.
Wang2 discloses a similar deployable unit with a mounting element, specifically Velcro [column 19, lines 36-40].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add Wang2’s mounting element to the body of the combination of Nahuel and Wang for the benefit of being able to easily mount the deployable unit. The EVA suite is an intended use. The applicant’s specification uses Velcro as a mounting element therefore this Velcro would render the body mountable to an EVA suit.
Claims 9, 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nahuel, Wang, Colby, Davidson and Marshall in further view of WO2018148636, hereinafter WO.
With respect to Claim 9, neither Nahuel nor Wang disclose that the internal circuitry further comprises master/slave units disposed in signal communication with the FPGA, and the master/slave units are communicative with master/slave units of other deployable units to determine whether the deployable unit is a hub or chained and to receive/transmit data accordingly.
WO discloses similar deployable units that are connected in a network with master/slave units to transmit and receive the gathered data. See fig 4, and page 9, specifically the paragraphs describing fig 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that Nahul’s deployable unit could have that the internal circuitry further comprises master/slave units disposed in signal communication with the FPGA, and the master/slave units are communicative with master/slave units of other deployable units to determine whether the deployable unit is a hub or chained and to receive/transmit data accordingly for the benefit of networking many units together to efficiently gather and distribute data over the network of deployable units.
With respect to Claim 10, Nahuel discloses a deployable unit of a stay connected (STAY-C) environmental characterization system, the deployable unit comprising:
a body [209];
a mounting spike [222, see column 13, lines 37-65] that normally assumes a retracted position and selectively assumes an extended position at which the mounting spike is insertable into a surface [106] for mounting the body;
internal circuitry [controller 202; column 12, lines 27-30] configured to characterize local environmental conditions [via sensors 204];
a power source [inherent] configured to power the internal circuitry; and
first actuatable element supported on the body, the first actuatable element being actuatable to cause the telescoping mounting spike to assume the extended position [column 13, lines 37-6 shows the spike penetrating the surface and the controller activating the spike].
Nahuel shows telescoping legs [206; see fig 3 and column 11, lines 15-30], but doesn’t explicitly disclose that legs 206 telescope in every embodiment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Nahuel’s 206 in fig 4 to also telescope to better control the orientation of the deployable unit.
Nahuel doesn’t discloses that the controller 202 is specifically a FPGA.
The examiner takes official notice that FPGAs are common controller types used in the field.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a FPGA controller as they are ideal for small scale operations.
Since the applicant failed to traverse the examiner assertion of "common knowledge" or "official notice taken on a fact", said fact or knowledge is taken to be admitted prior art. See MPEP 2144.03-C.
Nahuel doesn’t disclose a second actuatable element being actuatable to activate the internal circuitry. Power switches on the outside of drones are common.
Wang shows a similar deployable unit that has a power source [para 37] and an actuatable element being actuatable to activate the internal circuitry [power switch; para 70].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to ensure that Nahuel has a second actuatable element being actuatable to activate the internal circuitry for the benefit of saving power when not in use.
Nahuel doesn’t disclose a deployable unit net of a stay connected (STAY-C) environmental characterization system, the deployable unit net comprising: deployable units, which are deployable at locations of a surface, and each being a hub or chained, internal circuitry configured to self-determine a status as a master or slave and to communicate with internal circuitry of the other deployable units accordingly.
WO discloses similar deployable units that are connected in a network with master/slave units to transmit and receive the gathered data. See fig 4, and page 9, specifically the paragraphs describing fig 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that Nahul’s deployable unit can be used with other units, networked together each being a hub or chained, internal circuitry configured to self-determine a status as a master or slave and to communicate with internal circuitry of the other deployable units accordingly.
Nahuel nor Wang disclose a humidity sensor, temperature sensor, dosimeter or SEU monitor.
Colby shows a weather monitoring device with temperature and humidity sensors. See Column 4, lines 18-20.
Davidison shows a drone with an SEU monitor, see para 18.
Marshall shows a drone with a dosimeter, see column 9, lines 5-7.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination of Nahuel and Wang by adding temperature and humidity sensors, and a dosimeter to better characterize the local conditions and to add an SEU monitor for increased data integrity.
With respect to Claim 12, Wang discloses that the power source comprises a battery and the deployable unit further comprises a charging port by which the battery is chargeable. See para 37 for wired power charging of a battery.
With respect to Claim 18, WO further discloses similar deployable units that are connected in a network with master/slave units to transmit and receive the gathered data. See fig 4, and page 9, specifically the paragraphs describing fig 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that Nahul’s deployable unit could have that the internal circuitry further comprises master/slave units disposed in signal communication with the FPGA, and the master/slave units are communicative with master/slave units of other deployable units to determine whether the deployable unit is a hub or chained and to receive/transmit data accordingly for the benefit of networking many units together to efficiently gather and distribute data over the network of deployable units.
Claims 11, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nahuel, Wang, Colby, Davidson, Marshall and WO in further view of CN.
With respect to Claim 11, Nahuel disclose determining local environmental conditions [rainfall; see column 13, lines 20-36] but neither Nahuel nor Wang disclose further comprising a screen on which a user interface (UI) is displayable by the internal circuitry to convey details of an operational mode of the deployable unit and the local environmental conditions.
CN shows an information display screen [8, see page 4, para 1] for a deployable unit that also monitors local environmental conditions [weather, see page 3].
The examiner takes official notice that devices with screens and power buttons often indicate the power status on the screen.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add to the combination of Nahuel and Wang a screen on which a user interface (UI) is displayable by the internal circuitry to convey details of an operational mode of the deployable unit and the local environmental conditions for the benefit of easily conveying information to the user.
With respect to Claim 13, CN discloses further comprising a photovoltaic (PV) panel attachable to the body and operable as the power source. See page 5, para 2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify the combination of Nahuel, Wang and CN by attaching a PV panel to the body as a power source for the benefit of increasing flight time.
With respect to Claim 15, neither Nahuel nor Wang disclose that the internal circuitry characterizes the local environmental conditions by extrapolating weather and radiation patterns.
CN disclose a similar deployable unit that determines weather and radiation patterns. See page 4, under “specific implementation methods” for weather instrument 5 and radiation meter.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention that Nahuel’s environmental condition monitoring could be enhanced by also monitoring broader weather and solar radiation patterns.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Nahuel, Wang, Colby, Davidson, Marshall and WO in further view of Wang2.
With respect to Claim 14, neither Nahuel nor Wang disclose further comprising a mounting element by which the body is mountable to an extra-vehicular activity (EVA) suit.
Wang2 discloses a similar deployable unit with a mounting element, specifically Velcro [column 19, lines 36-40].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add Wang2’s mounting element to the body of the combination of Nahuel and Wang for the benefit of being able to easily mount the deployable unit. This Velcro would render the body mountable to an EVA suit.
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.
Response to Arguments
Applicant's arguments filed 20 February 2026 have been fully considered but they are not persuasive.
The applicant argues that claims 8 and 17 were previously allowed. This is not the case. Pages 11 and 12 of the previous rejection show detailed rejections for these claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX T DEVITO whose telephone number is (571)270-7551. The examiner can normally be reached 12pm- 8 pm EST M-S.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX T DEVITO/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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