Prosecution Insights
Last updated: August 15, 2026
Application No. 18/280,541

SYSTEM AND METHOD FOR DETERMINING THE POSITION OF A FLYING BODY

Non-Final OA §103§112
Filed
Mar 05, 2025
Priority
Mar 08, 2021 — DE 10 2021 105 524.5 +1 more
Examiner
POINT, RUFUS C
Art Unit
2689
Tech Center
2600 — Communications
Assignee
Mikado Model Helicopters GmbH
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
539 granted / 728 resolved
+12.0% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
751
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
65.6%
+25.6% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 728 resolved cases

Office Action

§103 §112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1,4,9,11 and 16 uses the phrase “preferably” which renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. The claims create confusion as to whether or not the system uses the elements claimed. There is no finite assertion and preferences may lead to confusion over the intended scope of a claim. Applicant is advised to remove the terms "preferably" in order to resolve ambiguity. Furthermore in claim 1, the terms “positionable locally temporally” on line 3 is rendered indefinite and creates confusion. The words placed together lacks coherency with respect to Applicant’s invention. Therefore, correction is required. Claims 2,3,5-8,10,12-15 are rejected for their dependency from claim 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) 1,3,5-8,10 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Akahori (US 20040232285 A1) in view of Di (US 20190094887 A1). Claim 1. Akahori teaches a system (Figs. 1 and 2 )for detecting the position of a flying body, which has at least two ultrasonic transducers arranged on the flying body ([0013] a wave generator or generators provided in the airship ), and a stationary or mobile base station positionable locally temporally, which is able to be arranged in a preferably freely selectable reference position (XR, yr, zr) ([0013] the system may be so configured that the positional relationships between the wave detectors can be changed freely or the wave detectors may be arranged in advance so as to have prescribed positional relationships. [0089] Ultrasonic waves that are emitted from the wave generator SO are detected by wave detectors SD that are provided in the respective measurement point units S1, S2, and S3. [0116] a base station 420 that is provided with a base main body 421 and an antenna 423, and three measurement point units S1-S3 as measurement points. ), said base station having a signal analysis device and a plurality of at least three acoustic transducers ([0089] wave detectors SD that are provided in the respective measurement point units S1, S2, and S3 [0091] the measurement point units S1, S2, and S3 detect the ultrasonic waves, and the wave detection signals c1, c2 and c3 are sent to the base station 120... The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves.), which are arranged on the base station in a mutually spaced manner and which are designed to receive the ultrasonic signals of the two ultrasonic transducers, and a radio controller ([0087] a communications device 120B (T/R) ), which is designed to communicate with the flying body and control the same by means of radio signals ([0109] In the embodiment, the airship 110 is automatically controlled based on instructions (a wave generation instruction, a flight instruction, a return instruction, etc.) from the base station 120. ), wherein the system is designed to determine the position (x, y, z) of the flying body from the ultrasonic signals of each of the two ultrasonic transducers received from the base station, preferably together with the time information (time measurement) of the radio reference signal from the radio signals used for controlling the flying body ([0090] a relative position (three-dimensional position coordinates) of the airship 110 can be determined by using, as a reference, a plane including the three measurement points by measuring distances LO1, LO2, and LO3 from a position O of the airship to the respective measurement point units S1, S2, and S3. [0091] the MPU 120A determines time to1, to2, and to3 taken by the ultrasonic waves to travel from the airship 110 to the measurement point units S1, S2, and S3 (radio communication times are almost negligible) based on pieces of time information indicating time points when the detection signals c1, c2, and c3 were received, respectively. The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves). Akahori discloses the use of radio transmission but does not specifically disclose by means of radio signals according to a frequency-hopping spread spectrum (FHSS) method. However, Di teaches a frequency-hopping spread spectrum (FHSS) method ([0058][0116] Frequency Hopping Spread Spectrum (FHSS)). Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use Frequency Hopping Spread Spectrum as taught by Di within the system of Akahori for the purpose of enhancing the system to provide secure communications and protect transmission of signal from deliberate jamming and eavesdropping. Claim 3. Akahori and Di teach the system according to claim 1, wherein the ultrasonic signals of the at least two ultrasonic transducers are used for distance measurement by means of transit time measurement from the flight body to the base station (Akahori [0091] the MPU 120A determines time to1, to2, and to3 taken by the ultrasonic waves to travel from the airship 110 to the measurement point units S1, S2, and S3 (radio communication times are almost negligible) based on pieces of time information indicating time points when the detection signals c1, c2, and c3 were received, respectively. The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves). Claim 5. Akahori and Di teach the system according to claim 1, wherein the position (x, y, z) determined by the base station is transmitted to the flight body via the radio channel or via the FHSS signals (Di [0022] A position of the controller is determined within a three-dimensional space based on the altitude. Data indicative of the position of the controller within the three-dimensional space is then transmitted to the unmanned aerial vehicle to cause a change in a position of the unmanned aerial vehicle within the three-dimensional space.). Claim 6. Akahori and Di teach the system according to claim 1, wherein an alignment of the flight body is also determined from at least two chirp signals of the two ultrasonic transducers, in particular by first receiving the chirp signals of the one ultrasonic transducer sent by the acoustic transducers and then the chirp signals of the at least second ultrasonic transducer sent by the acoustic transducers (Akahori[0016] In this case, it is preferable that the measurement point positional relationships determining means comprise wave generators that are provided at least two of three measurement points and a wave detector provided at another measurement point for detecting waves emitted from the wave generators, and calculate distances between the measurement points based on times from emission of waves from the wave generators to arrival of the waves at the wave detector.). Claim 7. Akahori and Di teach the system according to claim 1, wherein a plurality of channels or signal links is used in the ultrasonic signal analysis simultaneously in parallel (Akahori [0091] the measurement point units S1, S2, and S3 detect the ultrasonic waves, and the wave detection signals c1, c2 and c3 are sent to the base station 120... The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves.). Claim 8. Akahori and Di teach the system according to claim 1, wherein the ultrasonic transducers are designed to be alternately switchable, so that an optimized spatial and angular coverage can be realized in the ultrasonic signal transmission (Akahori [0178] When the airship 110 is sending data intermittently, switching is made to continuous transmission. ). Claim 10. Akahori and Di teach the system according to claim 2, wherein the chirp signals of the at least two ultrasonic transducers are used for distance measurement by means of transit time measurement from the flight body to the base station (Akahori [0118] The distances LO1-LO3 correspond to times from time points when wave generators SO of the measurement point units S1-S3 emit ultrasonic waves to time points when the wave detector SD of the control/management section 412 of the airship 410 detects the ultrasonic waves, respectively.). Claim 12. Akahori and Di teach the system according to claim 11, wherein the position (x, y, z) determined by the base station is transmitted to the flight body via the radio channel or via the FHSS signals (Di [0022] A position of the controller is determined within a three-dimensional space based on the altitude. Data indicative of the position of the controller within the three-dimensional space is then transmitted to the unmanned aerial vehicle to cause a change in a position of the unmanned aerial vehicle within the three-dimensional space.). Claim 13. Akahori and Di teach the system according to claim 12, wherein an alignment of the flight body is also determined from at least two chirp signals of the two ultrasonic transducers, in particular by first receiving the chirp signals of the one ultrasonic transducer sent by the acoustic transducers and then the chirp signals of the at least second ultrasonic transducer sent by the acoustic transducers (Akahori[0016] In this case, it is preferable that the measurement point positional relationships determining means comprise wave generators that are provided at least two of three measurement points and a wave detector provided at another measurement point for detecting waves emitted from the wave generators, and calculate distances between the measurement points based on times from emission of waves from the wave generators to arrival of the waves at the wave detector.). Claim 14. Akahori and Di teach the system according to claim 13, wherein a plurality of channels or signal links is used in the ultrasonic signal analysis simultaneously in parallel (Akahori [0091] the measurement point units S1, S2, and S3 detect the ultrasonic waves, and the wave detection signals c1, c2 and c3 are sent to the base station 120... The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves.). Claim 15. Akahori and Di teach the system according to claim 14, wherein the ultrasonic transducers are designed to be alternately switchable, so that an optimized spatial and angular coverage can be realized in the ultrasonic signal transmission (Akahori [0178] When the airship 110 is sending data intermittently, switching is made to continuous transmission. ). Claim(s) 2, 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Akahori and Di and further in view of Sienkiewicz (US 20230124946 A1). Claim 2. Akahori and Di teach the system according to claim 1, and discloses the use of ultrasonic signals but do not specifically disclose characterized in that wherein the ultrasonic transducers are designed to send chirp signals in the ultrasonic range. However, Sienkiewicz teaches wherein the ultrasonic transducers are designed to send chirp signals in the ultrasonic range [0039] The chirp signal according to an embodiment may be a signal that may propagate through air, and for example, the chirp signal may be an ultrasonic signal outside an audible frequency band (e.g., 16 Hz to 20 kHz). Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use chirp signals as taught by Sienkiewicz within the system of Akahori for the purpose of enhancing the system to use certain signals of varying lengths in an effort to secure communication and to be identified as a valid signal transmission recognized between the base station and the flying body. Claim 9. Akahori and Di teach a method of determining the position of a remotely controllable dynamically movable flying body on which at least two ultrasonic transducers are mounted, preferably with a system according to the features of claim 1, comprising the steps of: a. providing and positioning a base station at a selected reference position (XR, yr, zr), wherein the base station is equipped with a signal analysis device and at least three acoustic transducers for receiving ultrasonic signals of the flying body (Akahori [0090] If the measurement point units S1, S2, and S3 are fixed, the distances LO1, LO2, and LO3 vary as the airship 110 moves from point O to point O'. Therefore, a moving direction and a moving distance of the airship 110 can be known with the above-mentioned plane as a reference. [0091] the measurement point units S1, S2, and S3 detect the ultrasonic waves, and the wave detection signals c1, c2 and c3 are sent to the base station 120... The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves.); b. providing a radio controller which is designed to communicate with the flying body by means of radio signals, preferably by means of radio signals according to the frequency-hopping spread spectrum (FHSS) method, and to control the same (Akahori [0109] In the embodiment, the airship 110 is automatically controlled based on instructions (a wave generation instruction, a flight instruction, a return instruction, etc.) from the base station 120. Di[0058][0116] Frequency Hopping Spread Spectrum (FHSS))), c. sending ultrasonic signals from the two ultrasonic transducers) to the base station ([0013] a wave generator or generators provided in the airship... for generating waves and a wave detector or detectors provided at the measurement points ); d. detecting and analyzing the ultrasonic signals received from the acoustic transducers by the signal detection device ([0091] the MPU 120A determines time to1, to2, and to3 taken by the ultrasonic waves to travel from the airship 110 to the measurement point units S1, S2, and S3 (radio communication times are almost negligible) based on pieces of time information indicating time points when the detection signals c1, c2, and c3 were received, respectively. The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves); e. detecting the time information (time measurement) of the radio reference signal from the radio signals used to control the flying body ([0091] the MPU 120A determines time to1, to2, and to3 taken by the ultrasonic waves to travel from the airship 110 to the measurement point units S1, S2, and S3 (radio communication times are almost negligible) based on pieces of time information indicating time points when the detection signals c1, c2, and c3 were received, respectively. The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves) ; and f. determining the positional data (x, y, z) of the flying body from the detected reference signal and the ultrasonic signals ([0091] the plane including the above-mentioned three measurement points) of the airship 110 are calculated based on the distances LO1, LO2, and LO3. The above distance data and the coordinate data are compared with distance data and coordinate data that will be obtained later, whereby a moving direction and a moving speed of the airship 110 is determined.). Akahori and Di discloses the use of ultrasonic signals but do not specifically disclose chirp signals in the ultrasonic range. However, Sienkiewicz teaches wherein the ultrasonic transducers are designed to send chirp signals in the ultrasonic range [0039] The chirp signal according to an embodiment may be a signal that may propagate through air, and for example, the chirp signal may be an ultrasonic signal outside an audible frequency band (e.g., 16 Hz to 20 kHz). Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use chirp signals as taught by Sienkiewicz within the system of Akahori for the purpose of enhancing the system to use certain signals of varying lengths and patterns in an effort to secure communication and to be identified as a valid signal transmission recognized between the base station and the flying body. Claim 16. Akahori and Di teach a method of determining the position of a remotely controllable dynamically movable flying body on which at least two ultrasonic transducers are mounted, preferably with a system according to the features of claim 8, comprising the steps of: a. providing and positioning a base station at a selected reference position (XR, yr, ZR), wherein the base station is equipped with a signal analysis device and at least three acoustic transducers for receiving ultrasonic signals of the flying body (Akahori [0090] If the measurement point units S1, S2, and S3 are fixed, the distances LO1, LO2, and LO3 vary as the airship 110 moves from point O to point O'. Therefore, a moving direction and a moving distance of the airship 110 can be known with the above-mentioned plane as a reference. [0091] the measurement point units S1, S2, and S3 detect the ultrasonic waves, and the wave detection signals c1, c2 and c3 are sent to the base station 120... The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves.); b. providing a radio controller which is designed to communicate with the flying body by means of radio signals, preferably by means of radio signals according to the frequency-hopping spread spectrum (FHSS) method, and to control the same (Akahori [0109] In the embodiment, the airship 110 is automatically controlled based on instructions (a wave generation instruction, a flight instruction, a return instruction, etc.) from the base station 120. Di [0058][0116] Frequency Hopping Spread Spectrum (FHSS)), c. sending ultrasonic signals from the two ultrasonic transducers to the base station ([0013] a wave generator or generators provided in the airship... for generating waves and a wave detector or detectors provided at the measurement points ); d. detecting and analyzing the ultrasonic signals received from the acoustic transducers by the signal detection device ([0091] the MPU 120A determines time to1, to2, and to3 taken by the ultrasonic waves to travel from the airship 110 to the measurement point units S1, S2, and S3 (radio communication times are almost negligible) based on pieces of time information indicating time points when the detection signals c1, c2, and c3 were received, respectively. The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves); e. detecting the time information (time measurement) of the radio reference signal from the radio signals used to control the flying body ([0091] the MPU 120A determines time to1, to2, and to3 taken by the ultrasonic waves to travel from the airship 110 to the measurement point units S1, S2, and S3 (radio communication times are almost negligible) based on pieces of time information indicating time points when the detection signals c1, c2, and c3 were received, respectively. The MPU 120A calculates distances LO1, LO2, and LO3 shown in FIG. 3 based on the times tol, to 2, and to 3 and the propagation speed of the ultrasonic waves) ; and f. determining the positional data (x, y, z) of the flying body from the detected reference signal and the ultrasonic signals ([0091] the plane including the above-mentioned three measurement points) of the airship 110 are calculated based on the distances LO1, LO2, and LO3. The above distance data and the coordinate data are compared with distance data and coordinate data that will be obtained later, whereby a moving direction and a moving speed of the airship 110 is determined.). Akahori and Di discloses the use of ultrasonic signals but do not specifically disclose chirp signals in the ultrasonic range. However, Sienkiewicz teaches wherein the ultrasonic transducers are designed to send chirp signals in the ultrasonic range [0039] The chirp signal according to an embodiment may be a signal that may propagate through air, and for example, the chirp signal may be an ultrasonic signal outside an audible frequency band (e.g., 16 Hz to 20 kHz). Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use chirp signals as taught by Sienkiewicz within the system of Akahori for the purpose of enhancing the system to use certain signals of varying lengths and patterns in an effort to secure communication and to be identified as a valid signal transmission recognized between the base station and the flying body. Claim(s) 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Akahori, Di and further In view of Schwab (US 20200264303 A1). Claim 4. Akahori and Di teach the system according to claim 1, and discloses the use of multiple microphones (Di [0100]) but do not specifically disclose wherein the acoustic transducers represent microphones, preferably broadband microphones, arranged at the base station. However, Schwab teaches wherein the acoustic transducers represent microphones, preferably broadband microphones, arranged at the base station ([0091] remote monitor 106 can include a processor 202 which can be coupled to one or more ultrasonic receives 204, such as a ultrasonic transducer in receive mode or a broadband microphone. ). Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use broadband microphones as taught by Schwab within the system of Akahori for the purpose of enhancing the system to detect audible signals with the smallest fluctuations in pressure within a noisy environment. Claim 11. Akahori and Di teach the system according to claim 10, and discloses the use of multiple microphones (Di [0100]) but do not specifically disclose wherein the acoustic transducers represent microphones, preferably broadband microphones, arranged at the base station. However, Schwab teaches wherein the acoustic transducers represent microphones, preferably broadband microphones, arranged at the base station ([0091] remote monitor 106 can include a processor 202 which can be coupled to one or more ultrasonic receives 204, such as a ultrasonic transducer in receive mode or a broadband microphone. ). Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use broadband microphones as taught by Schwab within the system of Akahori for the purpose of enhancing the system to detect audible signals with the smallest fluctuations in pressure within a noisy environment. Conclusion Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RUFUS C POINT/Primary Examiner, Art Unit 2689
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Prosecution Timeline

Mar 05, 2025
Application Filed
Aug 30, 2024
Response after Non-Final Action
Jul 14, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Expected OA Rounds
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