DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/219,276 (reference application) in view of High et al. US PGPUB 2018/0141453. See the table below.
Regarding instant claim 1, reference claim 1 recites all of instant claim 1 except for the aircraft having at least one installed battery pack [fig. 5D-5E & 11; the battery of the aircraft is swapped for another battery, thus the aircraft has an installed battery]; causing the processor to identify a state of charge for each of the at least one installed battery pack installed on the aircraft [par. 34]; and identifying a battery pack loadout plan using the state of charge for each of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify reference claim 1 to further include having at least one installed battery pack; causing the processor to identify a state of charge for each of the at least one installed battery pack installed on the aircraft; and identifying a battery pack loadout plan using the state of charge for each of the at least one installed battery pack for the purpose of replacing depleted batteries of aircraft without them having to return to a base, as taught by High (par. 26).
Claims 2 and 5-10 are anticipated by the reference claims indicated in the table.
Regarding instant claim 3, reference claim 3 recites all of instant claim 3 except for causing the processor to identify a lowest state of charge installed battery pack of the at least one installed battery pack.
However, High as applied in claim 1 discloses causing the processor to identify a lowest state of charge installed battery pack of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; the states of charge of the UAV battery packs are identified and communicated and the UAV has a single battery pack, thus the lowest state of charge is identified].
Regarding instant claim 4, reference claim 3 recites all of instant claim 4 except for wherein the instructions, when executed by the processor, further cause the processor to control the battery pack loadout for the aircraft by controlling the battery transfer assembly to receive the lowest state of charge battery pack from the aircraft and move the lowest state of charge battery pack to the battery storage assembly.
However, High as applied in claim 1 discloses wherein the instructions, when executed by the processor, further cause the processor to control the battery pack loadout for the aircraft by controlling the battery transfer assembly to receive the lowest state of charge battery pack from the aircraft and move the lowest state of charge battery pack to the battery storage assembly [pars. 27, 34, 47-48, 54, 75-77 & 84; figs. 14A-14B; conveyer belt extracts fresh battery from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries)].
Regarding instant claim 11, reference claim 1 recites all of instant claim 11 except for wherein the instructions, when executed by the processor, further cause the processor to control the battery transfer assembly to install the one or more of the at least one stored battery pack into the aircraft by controlling the battery transfer assembly to receive the one or more of the at least one stored battery pack from the battery storage assembly and install the one or more of the at least one stored battery pack into the aircraft.
However, High as applied in claim 1 discloses wherein the instructions, when executed by the processor, further cause the processor to control the battery transfer assembly to install the one or more of the at least one stored battery pack into the aircraft by controlling the battery transfer assembly to receive the one or more of the at least one stored battery pack from the battery storage assembly and install the one or more of the at least one stored battery pack into the aircraft [figs. 14A-14B; conveyer belt extracts fresh battery from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries); par. 53 & 84].
Claims 2 and 5-10 are anticipated by the reference claims indicated in the table.
Regarding instant claim 12, reference claim 12 recites all of instant claim 12 except for identifying, with a controller, a state of charge for each of the at least one installed battery pack installed on the aircraft; and using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack.
However, High discloses identifying, with a controller, a state of charge for each of the at least one installed battery pack installed on the aircraft [par. 34]; and using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack [pars. 75-76; via server (or directly, fig. 2) the battery bot receives information about the amount of energy required to complete a task for the aircraft (thus energy for a flight); fig. 9, 914 & 916; pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify reference claim 12 to further include wherein identifying, with a controller, a state of charge for each of the at least one installed battery pack installed on the aircraft; and using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack for the purpose of replacing depleted batteries of aircraft without them having to return to a base, as taught by High (par. 26).
Regarding instant claim 13, reference claim 12 recites all of instant claim 13 except for identifying a lowest state of charge installed battery pack of the at least one installed battery pack.
However, High as applied in claim 12 discloses identifying a lowest state of charge installed battery pack of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; the states of charge of the UAV battery packs are identified and communicated and the UAV has a single battery pack, thus the lowest state of charge is identified].
Regarding instant claim 14, reference claim 13 recites all of instant claim 13 except for wherein the first battery pack is the lowest state of charge installed battery pack.
However, High as applied in claim 1 discloses wherein the first battery pack is the lowest state of charge installed battery pack [pars. 27, 34, 47-48, 54, 75-77 & 84; figs. 14A-14B; conveyer belt extracts fresh battery from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries), thus the pack removed (first battery) is the lowest SOC pack].
Claims 15-17 are anticipated by the reference claims indicated in the table.
Regarding instant claim 18, reference claim 17 recites all of instant claim 18 except for the aircraft having at least one installed battery pack, identify a state of charge for each of the at least one installed battery pack installed on the aircraft and identifying a battery pack loadout plan using the identified state of charge for each of the at least one installed battery pack.
However, High discloses the aircraft having at least one installed battery pack [fig. 5D-5E & 11; the battery of the aircraft is swapped for another battery, thus the aircraft has an installed battery], identifying, with a controller, a state of charge for each of the at least one installed battery pack installed on the aircraft [par. 34]; and using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify reference claim 17 to further include wherein the aircraft having at least one installed battery pack, identify a state of charge for each of the at least one installed battery pack installed on the aircraft and identifying a battery pack loadout plan using the identified state of charge for each of the plurality of stored battery packs for the purpose of replacing depleted batteries of aircraft without them having to return to a base, as taught by High (par. 26).
Claim 19 is anticipated by the reference claim indicated in the table.
Regarding instant claim 20, reference claim 17 recites all of instant claim 20 except for wherein the plurality of battery packs further includes one or more of the at least one installed battery pack.
However, High as applied in claim 18 discloses wherein the plurality of battery packs further includes one or more of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)].
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Claims
Co-Pending Application No. 18/219,276
1. A battery replacement system for controlling a battery pack loadout for an aircraft having at least one installed battery pack,
the battery replacement system comprising:
a vehicle including a battery storage assembly, a controller, and a battery transfer assembly, the battery storage assembly configured for storing at least one stored battery pack, and the controller including a processor in communication with a non-transitory memory storing instructions, which instructions when executed by the processor, cause the processor to: identify a state of charge for each of the at least one installed battery pack installed on the aircraft;
identify an energy storage prerequisite for a flight or series of flights of the aircraft using flight information for the aircraft; identify a battery pack loadout plan for the aircraft using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack,
the battery pack loadout plan identifying one or more of the at least one stored battery pack to be installed on the aircraft; and control the battery pack loadout for the aircraft by controlling the battery transfer assembly to
install the one or more of the at least one stored battery pack into the aircraft.
1. A battery replacement system for controlling a battery pack loadout for an aircraft,
the battery replacement system comprising:
a vehicle including a battery storage assembly, a controller, and a battery transfer assembly, the battery storage assembly configured for storing at least one stored battery pack, and the controller including a processor in communication with a non-transitory memory storing instructions, which instructions when executed by the processor, cause the processor to:
identify an energy storage prerequisite for a flight or series of flights of the aircraft using flight information for the aircraft; identify a battery pack loadout plan for the aircraft using the energy storage prerequisite,
the battery pack loadout plan identifying one or more of the at least one stored battery pack to be installed on the aircraft; and control the battery pack loadout for the aircraft by controlling the battery transfer assembly to receive the one or more of the at least one stored battery pack from the battery storage assembly and
install the one or more of the at least one stored battery pack into the aircraft.
2. The battery replacement system of claim 1, wherein the battery pack loadout plan further identifies at least one installed battery pack installed on the aircraft to be removed from the aircraft.
2. The battery replacement system of claim 1, wherein the battery pack loadout plan further identifies at least one installed battery pack installed on the aircraft to be removed from the aircraft.
3. The battery replacement system of claim 2, wherein the instructions, when executed by the processor, further cause the processor to identify a lowest state of charge installed battery pack of the at least one installed battery pack.
3. The battery replacement system of claim 2, wherein the instructions, when executed by the processor, further cause the processor to control the battery pack loadout for the aircraft by controlling the battery transfer assembly to receive the at least one installed battery pack from the aircraft and move the at least one installed battery pack to the battery storage assembly.
4. The battery replacement system of claim 3, wherein the instructions, when executed by the processor, further cause the processor to control the battery pack loadout for the aircraft by controlling the battery transfer assembly to receive the lowest state of charge battery pack from the aircraft and move the lowest state of charge battery pack to the battery storage assembly.
5. The battery replacement system of claim 1, wherein the flight information includes one or more of a departure location, a landing location, a flight distance for the flight or the series of flights, an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
5. The battery replacement system of claim 1, wherein the flight information includes one or more of a departure location, a landing location, a flight distance for the flight or the series of flights, an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
6. The battery replacement system of claim 1, wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity.
6. The battery replacement system of claim 1, wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity.
7. The battery replacement system of claim 1, wherein the battery storage assembly includes a plurality of rail assemblies, each rail assembly of the plurality of rail assemblies includes a first rail and a second rail, and each stored battery pack of the at least one stored battery pack is disposed on the first rail and the second rail of a respective one of the plurality of rail assemblies.
7. The battery replacement system of claim 1, wherein the battery storage assembly includes a plurality of rail assemblies, each rail assembly of the plurality of rail assemblies includes a first rail and a second rail, and each stored battery pack of the at least one stored battery pack is disposed on the first rail and the second rail of a respective one of the plurality of rail assemblies.
8. The battery replacement system of claim 7, wherein the battery storage assembly further includes at least one linear actuator, and the at least one linear actuator is configured to move the plurality of stored batteries from the plurality of rail assemblies to the battery transfer assembly.
8. The battery replacement system of claim 7, wherein the battery storage assembly further includes at least one linear actuator, and the at least one linear actuator is configured to move the plurality of stored batteries from the plurality of rail assemblies to the battery transfer assembly.
9. The battery replacement system of claim 7, wherein the battery transfer assembly includes a battery transfer tray and an actuator, the battery transfer tray includes a transfer rail assembly including a first transfer rail and a second transfer rail, the battery transfer tray is mounted to the actuator, and the actuator is configured to selectively position the transfer rail assembly at one of the rail assemblies of the plurality of rail assemblies.
9. The battery replacement system of claim 7, wherein the battery transfer assembly includes a battery transfer tray and an actuator, the battery transfer tray includes a transfer rail assembly including a first transfer rail and a second transfer rail, the battery transfer tray is mounted to the actuator, and the actuator is configured to selectively position the transfer rail assembly at one of the rail assemblies of the plurality of rail assemblies.
10. The battery replacement system of claim 1, further comprising the at least one stored battery pack, the at least one stored battery pack including a battery rail assembly including a first battery rail and a second battery rail.
10. The battery replacement system of claim 1, further comprising the at least one stored battery pack, the at least one stored battery pack including a battery rail assembly including a first battery rail and a second battery rail.
11. The battery replacement system of claim 1, wherein the instructions, when executed by the processor, further cause the processor to control the battery transfer assembly to install the one or more of the at least one stored battery pack into the aircraft by controlling the battery transfer assembly to receive the one or more of the at least one stored battery pack from the battery storage assembly and install the one or more of the at least one stored battery pack into the aircraft.
12. A method for controlling a battery pack loadout for an aircraft having at least one installed battery pack, the method comprising:
identifying, with a controller, a state of charge for each of the at least one installed battery pack installed on the aircraft;
receiving flight information for a flight or series of flights of the aircraft with the controller;
identifying, with the controller, an energy storage prerequisite for the flight or series of flights of the aircraft using the flight information for the aircraft;
identifying, with the controller, a battery pack loadout plan for the aircraft using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack,
the battery pack loadout plan identifying a plurality of battery packs for the aircraft, the plurality of battery packs having a combined state of charge which is equal to or greater than the energy storage prerequisite; and
controlling the battery pack loadout for the aircraft by controlling a vehicle, with the controller, to remove a first battery pack from the aircraft and to install a second battery pack into the aircraft such that the aircraft includes the plurality of battery packs.
12. A method for controlling a battery pack loadout for an aircraft, the method comprising:
receiving flight information for a flight or series of flights of the aircraft with a controller;
identifying, with the controller, an energy storage prerequisite for the flight or series of flights of the aircraft using the flight information for the aircraft;
identifying, with the controller, a battery pack loadout plan for the aircraft,
the battery pack loadout plan identifying a plurality of battery packs for the aircraft, the plurality of battery packs having a combined state of charge which is equal to or greater than the energy storage prerequisite; and
controlling the battery pack loadout for the aircraft by controlling a vehicle, with the controller, to remove a first battery pack from the aircraft and to install a second battery pack into the aircraft such that the aircraft includes the plurality of battery packs.
13. The method of claim 12, further comprising identifying a lowest state of charge installed battery pack of the at least one installed battery pack.
14. The method of claim 13, wherein the first battery pack is the lowest state of charge installed battery pack.
15. The method of claim 12, wherein the flight information includes one or more of a departure location, a landing location, a flight distance for the flight or the series of flights, an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
14. The method of claim 12, wherein the flight information includes one or more of a departure location, a landing location, a flight distance for the flight or the series of flights, an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
16. The method of claim 12, wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity.
15. The method of claim 12, wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity.
17. The method of claim 12, wherein removing the first battery pack from the aircraft includes removing the first battery pack with a battery transfer assembly of the vehicle, moving the first battery pack from the battery transfer assembly to a battery storage assembly of the vehicle, and storing the first battery pack in the battery storage assembly.
16. The method of claim 12, wherein removing the first battery pack from the aircraft includes removing the first battery pack with a battery transfer assembly of the vehicle, moving the first battery pack from the battery transfer assembly to a battery storage assembly of the vehicle, and storing the first battery pack in the battery storage assembly.
18. A battery replacement system for controlling a battery pack loadout for an aircraft having at least one installed battery pack,
the battery replacement system comprising: a vehicle including a battery storage assembly and a controller, the battery storage assembly configured for storing a plurality of stored battery packs, and the controller including a processor in communication with a non-transitory memory storing instructions, which instructions when executed by the processor, cause the processor to: identify a state of charge for each of the at least one installed battery pack installed on the aircraft;
identify a state of charge for each of the stored battery packs;
identify an energy storage prerequisite for a flight or series of flights of the aircraft using flight information for the aircraft; and
identify a battery pack loadout plan for the aircraft using the energy storage prerequisite,
the identified state of charge for each of the at least one installed battery pack, and the identified state of charge for each of the plurality of stored battery packs,
the battery pack loadout plan identifying a plurality of battery packs for the aircraft, the plurality of battery packs having a combined state of charge which is equal to or greater than the energy storage prerequisite,
the plurality of battery packs including at least one battery pack of the plurality of stored battery packs.
17. A battery replacement system for controlling a battery pack loadout for an aircraft,
the battery replacement system comprising: a vehicle including a battery storage assembly and a controller, the battery storage assembly configured for storing a plurality of stored battery packs, and the controller including a processor in communication with a non-transitory memory storing instructions, which instructions when executed by the processor, cause the processor to:
identify a state of charge for each of the stored battery packs;
identify an energy storage prerequisite for a flight or series of flights of the aircraft using flight information for the aircraft; and
identify a battery pack loadout plan for the aircraft using the energy storage prerequisite
and
the identified state of charge for each of the plurality of stored battery packs,
the battery pack loadout plan identifying a plurality of battery packs for the aircraft, the plurality of battery packs having a combined state of charge which is equal to or greater than the energy storage prerequisite,
the plurality of battery packs including at least one battery pack of the plurality of stored battery packs.
19. The battery replacement system of claim 18, wherein the flight information includes one or more of a departure location, a landing location, a flight distance for the flight or the series of flights, an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
19. The battery replacement system of claim 17, wherein the flight information includes one or more of a departure location, a landing location, a flight distance for the flight or the series of flights, an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
20. The battery replacement system of claim 18, wherein the plurality of battery packs further includes one or more of the at least one installed battery pack.
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.
Claims 18-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) abstract ideas which amount to mental processes and
The Supreme Court’s Alice/Mayo test requires a two-part framework to determine whether a claim is eligible under 35 U.S.C. 101. In the first step, it is determined whether the claim is to a “process, machine, manufacture or composition of matter”. Claim 17 is directed to a battery replacement system comprising a vehicle, which is a machine and thus the test passes the first step.
Next, it is determined whether the claim recites a judicial exception (step 2A, prong 1, 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 54-55 (Jan. 7, 2019)), and if so, whether that judicial exception is integrated into a practical application (step 2A, prong 2, see id. at 56).
Claim 18 is directed to a battery replacement system for a vehicle with stored batteries which assembles various types of data, including state of charge and energy storage requisite for a flight and creates a plan for loading the vehicle with battery packs. This is essentially a mental process, since deciding the amount of necessary battery packs based on the current charge state of battery packs and the distance an aircraft is flying is something that could be done in someone’s head, or at least with pen and paper. Data gathering and manipulation by a computer (“the controller”) has been recognized by the courts as abstract in the similar cases of Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016) (data analysis steps recited at a level of generality that could be performed in the human mind). Thus, the claim recites a judicial exception.
As to whether the judicial exception is integrated into a practical application, we must consider the additional elements which are a vehicle with a battery storage assembly configured to store battery packs and a controller. Using a generic computer (“the controller”) to perform an abstract idea has not been found to constitute integration into a practical application. See MPEP 2106.05(g). As for the vehicle with a battery storage assembly configured to store battery packs, this is a general link to the technology of battery storage in a vehicle, but does not rise to the level of a integration into a practical application and rather constitutes insignificant extra-solution activity.
Furthermore, even if the vehicle with battery storage were considered to be integration into a practical application, the claim would fail at step 2B of the analysis, since the vehicle with battery storage is well understood, routine and conventional. See MPEP 2106.05(d). Examiner takes Official Notice as to this fact, since vehicles with battery storage assemblies have been known for decades, for providing electric vehicles with more power storage than a single pack supplies.
With respect to claim 19, additional data gathering does not amount to integration into a practical application, or add significantly more than the abstract idea.
With respect to claim 20, an additional limit on the data manipulation does not amount to integration into a practical application, or add significantly more than the abstract idea.
Looking at the dependent claim limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by High et al. US PGPUB 2018/0141453.
Regarding claim 1, High discloses a battery replacement system for controlling a battery pack loadout for an aircraft [fig. 2] having at least one installed battery pack [figs. 5A-5B], the battery replacement system comprising:
a vehicle including a battery storage assembly [fig. 1; pars. 27, 71 & 81; the battery bots 100 have a plurality of fresh batteries which can be deployed, they are stored in a storage chamber (par. 81)], a controller [fig. 1, 106], and a battery transfer assembly [figs. 14A-14B; conveyer belt extracts fresh batter from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries); par. 53 & 84],
the battery storage assembly configured for storing at least one stored battery pack [pars. 27, 71 & 81], and the controller including a processor in communication with a non-transitory memory storing instructions, which instructions when executed by the processor [fig. 1, control circuit 106; par. 44-45], cause the processor to:
identify a state of charge for each of the at least one installed battery pack installed on the aircraft;
identify an energy storage prerequisite for a flight or series of flights of the aircraft using flight information for the aircraft [pars. 75-76; via server (or directly, fig. 2) the battery bot receives information about the amount of energy required to complete a task for the aircraft (thus energy for a flight); fig. 9, 914 & 916];
identify a battery pack loadout plan for the aircraft using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack, the battery pack loadout plan identifying one or more of the at least one stored battery pack to be installed on the aircraft [pars. 72, 75-78 & 81-82; the battery bot, through central host, receives a plan (identifies the plan received) from central host based on drone energy requirements and battery bot capability; pars. 27, 34, 47-48 & 75-77; and based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)]; and
control the battery pack loadout for the aircraft by controlling the battery transfer assembly to install the one or more of the at least one stored battery pack into the aircraft [figs. 14A-14B; conveyer belt extracts fresh battery from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries); par. 53 & 84].
Regarding claim 2, High discloses wherein the battery pack loadout plan further identifies at least one installed battery pack installed on the aircraft to be removed from the aircraft [pars. 27, 31-32, 43 & 45; the bot is directed to exchange the batteries, including receiving and stored the depleted battery form the aircraft].
Regarding claim 3, High discloses wherein the instructions, when executed by the processor, further cause the processor to identify a lowest state of charge installed battery pack of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; the states of charge of the UAV battery packs are identified and communicated and the UAV has a single battery pack, thus the lowest state of charge is identified].
Regarding claim 4, High discloses wherein the instructions, when executed by the processor, further cause the processor to control the battery pack loadout for the aircraft by controlling the battery transfer assembly to receive the lowest state of charge battery pack from the aircraft and move the lowest state of charge battery pack to the battery storage assembly [pars. 27, 34, 47-48, 54, 75-77 & 84; figs. 14A-14B; conveyer belt extracts fresh battery from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries)].
Regarding claim 5, High discloses wherein the flight information includes one or more of a departure location [par. 75; a route and destination], a landing location [par. 75; a route and destination], a flight distance for the flight or the series of flights [par. 75; a route and destination], an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
Regarding claim 10, High discloses further comprising the at least one stored battery pack, the at least one stored battery pack including a battery rail assembly including a first battery rail and a second battery rail [figs. 13a-14b; conveyor belts are used, to roll batteries in and out of storage, conveyor belts consist of a belt, wheels, and rails to which the wheels are attached, thus a rail assembly comprising first and second rails; pars. 81-84].
Regarding claim 11, High discloses wherein the instructions, when executed by the processor, further cause the processor to control the battery transfer assembly to install the one or more of the at least one stored battery pack into the aircraft by controlling the battery transfer assembly to receive the one or more of the at least one stored battery pack from the battery storage assembly and install the one or more of the at least one stored battery pack into the aircraft [[figs. 14A-14B; conveyer belt extracts fresh battery from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries) and installs it in the UAV; par. 53 & 84].
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over High et al. US PGPUB 2018/0141453 in view of Scott US Patent 10,301,022,
Regarding claim 6, High does not explicitly disclose wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity.
However, Scott discloses a UAV battery swapping wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity [column 4, lines 56-column 5, line 2; column 6, lines 23-33 & 53-55; the UAV 100 can be equipped with a different number of batteries depending on the parameters of the mission (thus less than a full amount can be used)].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify High to further include wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity for the purpose of reducing weight, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over High et al. US PGPUB 2018/0141453 in view of Henry et al. 2018/0222339.
Regarding claim 7, High discloses wherein the battery storage assembly includes a rail assembly, each rail assembly of the plurality of rail assemblies includes a first rail and a second rail, and each stored battery pack of the at least one stored battery pack is disposed on the first rail and the second rail of the rail assembly [figs. 13a-14b; conveyor belts are used, to roll batteries in and out of storage, conveyor belts consist of a belt, wheels, and rails to which the wheels are attached, thus a rail assembly comprising first and second rails; pars. 81-84].
High does not explicitly disclose a plurality of rail assemblies.
However, Henry disclose a UAV battery exchange system [fig. 1A] comprising a plurality of rail assemblies [figs. 2a & 7B; fig. 10a; a plurality of rails 1008 allows the storage and removal of the batteries 110 in a plurality of racks; pars. 30, 36 & 41].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify High to further include a plurality of rail assemblies for the purpose of having multiple bays with batteries ready, including with different types, as taught by Henry (par. 41).
Regarding claim 8, High discloses wherein the battery storage assembly further includes at least one linear actuator, and the at least one linear actuator is configured to move the plurality of stored batteries from the rail assembly to the battery transfer assembly [figs. 13a-14b; pars. 81-84; conveyor belts function as linear actuators, which moves the batteries from inside the device (fig. 14a, 1402) to the transfer assembly (the door 1429 as in frame 1404 and 1406)].
High does not explicitly disclose a plurality of rail assemblies.
However, Henry as applied in claim 7 disclose a plurality of rail assemblies.
Regarding claim 9, High discloses wherein the battery transfer assembly includes a battery transfer tray and an actuator [figs. 13a-14b; pars. 81-84; conveyor belts function as actuators as well as the actuator for opening/closing the door, thus an actuator system, which moves the batteries from inside the device (fig. 14a, 1402) to the transfer tray (the door 1429 as in frame 1404 and 1406)], the battery transfer tray includes a transfer rail assembly including a first transfer rail and a second transfer rail [figs. 13a-14b; pars. 81-84; the conveyor belt continues onto the door, the rails for the belt on the door 1424 are transfer rails], the battery transfer tray is mounted to the actuator [figs. 14a-14b; door and conveyor belts are connected], and the actuator is configured to selectively position the transfer rail assembly at one of the rail assemblies of the plurality of rail assemblies [fig. 14b; the door opens and closes, thus is selectively positioned by the actuator].
Claim 12-15 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over High et al. US PGPUB 2018/0141453 in view of Bower US PGPUB 2022/0258645.
Regarding claim 12, High discloses a method for controlling a battery pack loadout for an aircraft having at least one installed battery pack, the method comprising:
identifying, with a controller, a state of charge for each of the at least one installed battery pack installed on the aircraft [par. 34];
receiving flight information for a flight or series of flights of the aircraft with the controller [pars. 75-76; via server (or directly, fig. 2) the battery bot receives information about the amount of energy required to complete a task for the aircraft (thus energy for a flight); fig. 9, 914 & 916];
identifying, with the controller, an energy storage prerequisite for the flight or series of flights of the aircraft using the flight information for the aircraft [pars. 75-76; via server (or directly, fig. 2) the battery bot receives information about the amount of energy required to complete a task for the aircraft (thus energy for a flight); fig. 9, 914 & 916];
identifying, with the controller, a battery pack loadout plan for the aircraft using the energy storage prerequisite and the state of charge for each of the at least one installed battery pack, the battery pack loadout plan identifying a battery pack for the aircraft, the battery pack having a state of charge which is equal to or greater than the energy storage prerequisite [pars. 72, 75-78 & 81-82; the battery bot, through central host, receives a plan (identifies the plan received) from central host based on drone energy requirements and battery bot capability; pars. 27, 34, 47-48 & 75-77; and based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)]; and
controlling the battery pack loadout for the aircraft by controlling a vehicle, with the controller, to remove a first battery pack from the aircraft and to install a second battery pack into the aircraft such that the aircraft includes the battery pack [figs. 14A-14B; conveyer belt extracts fresh batter from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries); par. 53 & 84].
High does not explicitly disclose the battery pack comprising a plurality of battery packs for the aircraft or a combined state of charge.
However, Bower discloses a UAV battery swap system [fig. 1; pars. 37-38 & 51-52] comprising plurality of battery packs for the aircraft [par. 50, “an aircraft includes more than one battery pack”], and a combined state of charge [par. 79; a combined state of charge for all the portions of battery packs].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify High to further include wherein the battery pack comprises a plurality of battery packs for the aircraft and a combined state of charge for the purpose of matching the battery packs to the flight plan needs, as taught by Bower (pars. 50-51).
Regarding claim 13, High discloses further comprising identifying a lowest state of charge installed battery pack of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; the states of charge of the UAV battery packs are identified and communicated and the UAV has a single battery pack, thus the lowest state of charge is identified].
Regarding claim 14, High discloses wherein the first battery pack is the lowest state of charge installed battery pack [pars. 27, 34, 47-48, 54, 75-77 & 84; figs. 14A-14B; conveyer belt extracts fresh battery from chamber for UAV (figs. 13a-13b, also retrieves depleted batteries), thus the pack removed (first battery) is the lowest SOC pack].
Regarding claim 15, High discloses wherein the flight information includes one or more of a departure location [par. 75; a route and destination], a landing location [par. 75; a route and destination], a flight distance for the flight or the series of flights [par. 75; a route and destination], an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
Regarding claim 17, High discloses wherein removing the first battery pack from the aircraft includes removing the first battery pack with a battery transfer assembly of the vehicle [fig. 13B; the autonomous vehicle (which may be an aerial vehicle) receives the depleted installed battery and moves into a storage chamber; par. 80-83], moving the first battery pack from the battery transfer assembly to a battery storage assembly of the vehicle, and storing the first battery pack in the battery storage assembly [figs. 13A-14B; conveyer belt extracts depleted battery and stores it in battery bot; par. 27; 53 & 78-84].
Regarding claim 18, High discloses a battery replacement system for controlling a battery pack loadout for an aircraft having at least one installed battery pack [figs. 10-14b], the battery replacement system comprising:
a vehicle including a battery storage assembly [fig. 1; pars. 27, 71 & 81; the battery bots 100 have a plurality of fresh batteries which can be deployed, they are stored in a storage chamber (par. 81)] and a controller [fig. 1, 106], the battery storage assembly configured for storing a plurality of stored battery packs [pars. 27, 53 & 84; chamber, “batteries”], and the controller including a processor in communication with a non-transitory memory storing instructions [fig. 1, 106; pars. 44-45], which instructions when executed by the processor, cause the processor to:
identify a state of charge for each of the at least one installed battery pack installed on the aircraft [pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)];
identify a state of charge for each of the stored battery packs [pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed];
identify an energy storage prerequisite for a flight or series of flights of the aircraft using flight information for the aircraft [pars. 75-76; via server (or directly, fig. 2) the battery bot receives information about the amount of energy required to complete a task for the aircraft (thus energy for a flight); fig. 9, 914 & 916]; and
identify a battery pack loadout plan for the aircraft using the energy storage prerequisite, the identified state of charge for each of the at least one installed battery pack, and the identified state of charge for each of the plurality of stored battery packs, the battery pack loadout plan identifying a plurality of battery packs for the aircraft, the plurality of battery packs having a combined state of charge which is equal to or greater than the energy storage prerequisite, the plurality of battery packs including at least one battery pack of the plurality of stored battery packs [pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)].
High does not explicitly disclose the battery pack comprising a plurality of battery packs for the aircraft or a combined state of charge.
However, Bower discloses a UAV battery swap system [fig. 1; pars. 37-38 & 51-52] comprising plurality of battery packs for the aircraft [par. 50, “an aircraft includes more than one battery pack”], and a combined state of charge [par. 79; a combined state of charge for all the portions of battery packs].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify High to further include wherein the battery pack comprises a plurality of battery packs for the aircraft and a combined state of charge
for the purpose of matching the battery packs to the flight plan needs, as taught by Bower (pars. 50-51).
Regarding claim 19, High discloses wherein the flight information includes one or more of a departure location [par. 75; a route and destination], a landing location [par. 75; a route and destination], a flight distance for the flight or the series of flights [par. 75; a route and destination], an aircraft model of the aircraft, a number of passengers for the flight or the series of flights, an aircraft weight of the aircraft, or a weather condition.
Regarding claim 20, High discloses wherein the plurality of battery packs further includes one or more of the at least one installed battery pack [pars. 27, 34, 47-48 & 75-77; based on the battery bots charge levels and charge level of a UAV, a plan for a swap is developed, either by control circuit 106 or via central host (in which case the plan is identified when received, and the plan “uses” the energy storage prerequisite and SOC of stored battery packs)].
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over High et al. US PGPUB 2018/0141453 in view of Bower US PGPUB 2022/0258645, further in view of Scott US Patent 10,301,022.
Regarding claim 16, the combination of High and Bower does not explicitly disclose wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity.
However, Scott discloses a UAV battery swapping wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity [column 4, lines 56-column 5, line 2; column 6, lines 23-33 & 53-55; the UAV 100 can be equipped with a different number of batteries depending on the parameters of the mission (thus less than a full amount can be used)].
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify High to further include wherein the aircraft has a battery pack capacity and the battery pack loadout plan includes a quantity of battery packs which is less than the battery pack capacity for the purpose of reducing weight, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Straus et al. US PGPUB 2023/0257139 discloses a drone battery exchange system with a plurality of bays for batteries, automated exchange and dynamic selection based on need.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID V HENZE whose telephone number is (571)272-3317. The examiner can normally be reached M to F, 9am to 7pm.
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/DAVID V HENZE/Primary Examiner, Art Unit 2859
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