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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 January 2026 has been entered.
Response to Amendment
Claims 11, 15, 17, 19, and 20 have been newly amended. No claims have been newly added nor canceled. Claims 11-20 remain pending in the present application.
Response to Arguments
Applicant’s arguments with respect to the 35 U.S.C. § 101 rejection of claims 11-20 have been fully considered and are persuasive. The 35 U.S.C. § 101 rejection of claims 11-20 has been withdrawn.
Applicant's arguments with respect to the 35 U.S.C. § 102(a)(1) rejections of claims 11-20 have been fully considered and they are partially persuasive.
Regarding claim 11, Applicant asserts that Gong is silent as to the feature of "sensors being configured to sense a viewing angle of the UE and using the sensed viewing angle such as recited in the independent claims." Regarding this newly added feature of the independent claims, the examiner respectfully agrees. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Ohata (US 20180222582 A1).
Further regarding claim 11, Applicant argues that the previously applied prior art fails to anticipate newly amended claim 11. Applicant asserts that Gong fails to disclose at least the limitation of "the UTM system transmitting, to the UE, the acquired information on the registered users." Specifically, Applicant argues the following:
In the previous Office Action, the Examiner referred to paragraph [631] of Gong as allegedly disclosing these claimed features. Now, in the present Office Action, the Examiner responds to Applicant's previously submitted arguments with respect to these features by additionally referring to paragraphs [0687]-[0689] of Gong and asserts that these paragraphs provide an "explicit disclosure of the communication of UAV and user information to the geo-fencing device by the air control system".
However, Applicant disagrees with this assessment of the language of Gong, and Applicant submits that the arguments submitted in the response to the previous Office Action with respect to these claimed features are still valid, despite the Examiner's citation to paragraphs [0687]-[0689], and Gong fails to disclose at least the above-mentioned features of the independent claims of the present application.
As indicated in the foregoing, paragraphs [0687]-[0689] of Gong refer to "air control system". Judging from the Office Action, the air control system of Gong is being correlated by the Examiner as the UTM system in the independent claims of the present application. In the Office Action, the Examiner makes reference to "the external device 2340" and "the geofencing device" in paragraph [0687] of Gong. This paragraph of Gong states that the external device may be an air control system, or that the external device may be another UAV or another geofencing device. However, in the Applicant's opinion, this does not necessarily mean that the air control system is an UAV or a geo-fencing device, and in any case, paragraphs [0687]-[0689] of Gong describe the "geofencing device" as being distinct from the "air control system". Further, while paragraphs [0687]-[0689] of Gong describe a detector of the geo-fencing device to be receiving UAV and/or user information, there is no disclosure in Gong of the geo-fencing device, much less the air control system, transmitting such information, contrary to the Examiner's allegation.
The examiner respectfully disagrees.
In order to further clarify the Examiner's position, paragraphs [0631] and [0687]-[0689], along with paragraphs [0685] and [0686] to provide further context, have been reproduced below, with the relevant portions emphasized.
[0631] The geo-fencing device may be configured to receive a UAV identifier and/or user identifier. The UAV identifier may uniquely identify the UAV from other UAVs. The user identifier may uniquely identify the user from other users. The UAV identity and/or the user identity may have been authenticated. The communication module of the geo-fencing device may receive the UAV identifier and/or the user identifier.
[0685] FIG. 23 shows an example of a UAV system where the UAV and a geo-fencing device do not need to directly communicate with one another. In some instances, the UAV may detect a presence of the geo-fencing device, or vice versa.
[0686] The UAV system may include a geo-fencing device 2310, UAV 2320, and/or an external device 2340. The UAV may include a memory unit 2330, sensor 2332, flight controller 2334, and/or a communication unit 2336.
[0687] The external device may be an air control system, authentication center, or any other portion of an authentication system. The external device may be another UAV or another geo-fencing device. The external device may be a separate device from the other type of devices mentioned herein. In some instances, the external device may include one or multiple physical devices. The multiple physical devices may be in communication with one another. The external device may be provided with a distributed architecture. In some instances, the external device may have a cloud computing infrastructure. The external device may have a P2P architecture. The external device may communicate with the UAV 2320 and may independently communicate with the geo-fencing device 2310.
[0688] In one implementation, the geo-fencing device 2310 may be able to detect the presence of the UAV. The geo-fencing device may include a detector that may detect the presence of a UAV when the UAV is within a predetermined geographic range of the geo-fencing device. The detector may be any type of detector, such as those described elsewhere herein. For example, the detector may use a vision sensor, radar, or any other detection mechanism as described elsewhere herein. The detector may be configured to detect the UAV with aid of one or more external device. For example additional sensors may be separately provided in the environment. The separate sensors may detect the UAV or may aid the detector of the geo-fencing device in detecting the UAV, or collecting information about the UAV. For example, the separate sensors may include vision sensors, acoustic sensors, infrared sensors, or wireless receivers that may be scattered throughout an environment occupied by the geo-fencing device. The detector may detect the UAV before the UAV enters the predetermined range, or may have a very high likelihood of detecting the UAV when the UAV is within the predetermined range, as described elsewhere herein. The detector may detect the UAV before the UAV reaches the geo-fencing device boundary.
[0689] The detector may be able to detect any information about the UAV and/or the user. The detector may detect UAV or user type. The detector may be able to determine a UAV identifier and/or user identifier. In some embodiments, the detector may be a communication module. The communication module may receive a communication from the UAV or the external device indicative of the UAV and/or user information. The UAV may broadcast information that may be received by the detector to detect the presence of the UAV. The broadcasted information may include information about the UAV, such as identity of the UAV, UAV type, location of the UAV, or attribute of the UAV.
As highlighted above, the examiner notes that the "geo-fencing device" (i.e., the User Equipment, UE), receives a UAV identifier and/or a user identifier using a communication module. Additionally, the UAV system may include an "external device 2340", which may be an "air control system" (i.e., the Unmanned Aircraft Traffic Management, UTM, system). The "geo-fencing device" may use a "detector," which may be a communication module, to receive a communication from the external device, which has already been shown to be the "air control system" (i.e., the Unmanned Aircraft Traffic Management, UTM, system), indicative of the UAV and/or user information. The examiner notes that nowhere in the previous rejection of claim 11, nor in the previous arguments, does the examiner assert that the "air control system is a UAV or a geo-fencing device." Hence, Applicant's above arguments are not persuasive.
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 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gong (WO2016154942A1), hereafter Gong, in view of Ohata (US 20180222582 A1), hereafter Ohata.
Regarding claim 11, Gong discloses a method in a system comprising at least one drone (0100, UAV may be an aerial vehicle), at least one hand controller (0094, user may provide input to control the UAV with a remote controller), a database (0120, authentication system may include an identification registration database), an Unmanned Aircraft Traffic Management (UTM) system (0123, air control system may obtain information about the user and the UAV from the authentication center) and a User equipment (UE) (0572, geo-fencing device may be a mobile device, e.g., a smartphone, cell phone, tablet), wherein the hand controller is equipped with an Application Programming Interface (API) application product for drones (0308, In some embodiments, a user may need to have a software or application to operate a UAV. The software or application itself may be authorized as part of a user authentication process. In one example, a user may have a smart phone App, which may be used to operate a UAV.), the method comprising:
The hand controller receiving a remote Identification (ID) or a drone ID (0111, remote controller may be authenticated as being an authorized remote controller, 0113, authentication system may include memory storage 130 that stores information about the users, remote controllers, and/or the UAVS, 0114, information in the database may include identification information about the users, remote controllers, and/or the UAVS, identification may include user identifiers, e.g., USER ID1, USER ID2, …, or UAV identifiers, e.g., UAV ID1, UAV ID2, …,), and positioning information from said at least one drone (0398, information sets may store UAV information, timing information, location information, may include geographical information such as the location of a UAV);
The hand controller extracting positioning coordinates from the received information by means of the API (0308, In some embodiments, a user may need to have a software or application to operate a UAV. The software or application itself may be authorized as part of a user authentication process. In one example, a user may have a smart phone App, which may be used to operate a UAV. 0112, a remote controller may be any type of device, including a mobile device, such as a smart phone. 0392, data from a remote controller may be used to provide the first set of information, 0398, information sets may store UAV information, timing information, location information, may include geographical information such as the location of a UAV, Examiner's note, the examiner is interpreting the disclosure of the software/application used on the smart phone, i.e., the remote controller, to read on the "API" as claimed. In light of this, any processing or receiving of the data by the smart phone, i.e., the remote controller, must be done by the "API".);
The hand controller transforming the extracted positioning coordinates by means of a mobile application of the hand controller to a format understandable for a UTM service in the UTM system and transmitting the remote ID or the drone ID and the transformed extracted positioning coordinates to the UTM system (0392, data from a remote controller may be used to provide the first set of information, 0398, information sets may store UAV information, timing information, location information, may include geographical information such as the location of a UAV, 0401, memory storage system may request or pull information sets from one or more external sources, e.g., remote controllers, UAVs, users, Examiner's note: the examiner asserts that, since the data from the remote controller is requested by the memory storage system, and is used to "track individualized UAV activity" per at least [0397], the information transmitted by the remote controller has already been transformed into a format understandable by the UTM service.);
The UTM system registering movement of said at least one drone using the remote ID or the drone ID and the extracted positioning coordinates (0592, non-compliance countermeasure system may track UAV activity, including tracking the location of the UAV and tracking the movement of the UAV, The non-compliance countermeasure system may detect when a UAV engages in behavior that is not in compliance with a set of flight regulations. The user identity and/or the UAV identity may be considered in determining whether the UAV is complying or is not complying with the set of flight regulations);
The UE, within an area at a certain distance from said at least one drone, transforming positioning coordinates of the UE by means of a mobile application of the UE to a format understandable for the UTM service and transmitting the transformed positioning coordinates of the UE and the additional data to the UTM system (0675, a geo-fencing device may comprise a receiver configured to receive data useful for determining a set of flight regulations, 0678, the receiver may be a detector configured to detect a presence of the UAV … the detector may be able to detect a direction of the UAV relative to the detector, 0959, the set of flight regulations may be generated considering any factors of conditions, e.g., UAV information, user information, environmental conditions, timing…, 0961, mobile device may receive information when a UAV is within a predetermined range of the mobile device, mobile device may compare the location of the UAV with the location of the mobile device, mobile device may receive the UAV location from an air control system, 0956, the geo-fencing application may provide the air control system with a location of the mobile device, Examiner's note: given that the geo-fencing application provides the air control system with the location of the mobile device, the location of the mobile device must already have been transformed into a format understandable by the UTM service);
The UTM service in the UTM system looking up the at least one drone that is or are active within said area and the additional information, based on the information received by the UTM system from the UE and information received by the UTM system from the hand controller (0687-0689, external device may be an air control system, In one implementation, the geo-fencing device 2310 may be able to detect the presence of the UAV. The geo-fencing device may include a detector that may detect the presence of a UAV when the UAV is within a predetermined geographic range of the geo-fencing device, in some embodiments, the detector may be a communication module. The communication module may receive a communication from the UAV or the external device indicative of the UAV and/or user information);
The UTM system querying the database to provide information on registered users that are operating said at least one drone in said area (0122, air control system 230 may interact with the authentication center 220, the air control system may obtain information about the user and the UAV from the authentication center, information may include the user identifier and the UAV identifier, information may relate to confirmation or identification of the user);
The UTM system acquiring, from the database, the queried information on the registered users (0122, air control system 230 may interact with the authentication center 220, the air control system may obtain information about the user and the UAV from the authentication center, information may include the user identifier and the UAV identifier, information may relate to confirmation or identification of the user); and
The UTM system transmitting, to the UE, the acquired information on the registered users (0631, the geo-fencing device may be configured to receive a UAV identifier and/or user identifier, the user identifier may uniquely identify the user from other users, communication module of the geo-fencing device may receive the UAV identifier and/or the user identifier, 0687-0689, external device may be an air control system, communication module of the mobile device may receive a communication from the external device indicative of the UAV and/or user information).
Gong fails to explicitly disclose, however, wherein the UE comprises one or more sensors configured to sense a viewing angle of the UE and output the sensed viewing angle;
Wherein the UE transforms a viewing angle obtained from an output of the one or more sensors of the UE by means of a mobile application of the UE; and
Wherein the additional information is the viewing angle.
Ohata, however, in an analogous field of endeavor, does teach:
Wherein the UE comprises one or more sensors configured to sense a viewing angle of the UE and output the sensed viewing angle (0119, The user terminal 14 acquires an image of an overhead space by using a camera mounted on the user terminal or an external camera connected with the user terminal (S83). 0120, The user terminal 14 analyzes the captured image to determine any object in the image (S84) and calculates the position of the determined object (S85). For example, the user terminal 14 includes a GPS reception function or a gyro sensor, and can set the position of the terminal to be an approximate position of the object or calculate the position of the object in the image by adjusting the position of the object based on the direction, angle of view, zoom magnification, or the like of the image capturing by the camera.);
Wherein the UE transforms a viewing angle obtained from an output of the one or more sensors of the UE by means of a mobile application of the UE (0120, The user terminal 14 analyzes the captured image to determine any object in the image (S84) and calculates the position of the determined object (S85). For example, the user terminal 14 includes a GPS reception function or a gyro sensor, and can set the position of the terminal to be an approximate position of the object or calculate the position of the object in the image by adjusting the position of the object based on the direction, angle of view, zoom magnification, or the like of the image capturing by the camera. 0121, The user terminal 14 compares the calculated position of the object and the result of identification of the group of drones acquired from the authentication station 2 (S86) and displays a result of the comparison over the image acquired at step S83 (S87). A drone is specified when the position of the drone in the captured image is close to only one drone position included in the drone identification result.); and
Wherein the additional information is the viewing angle (0119, The user terminal 14 acquires an image of an overhead space by using a camera mounted on the user terminal or an external camera connected with the user terminal (S83). 0120, The user terminal 14 analyzes the captured image to determine any object in the image (S84) and calculates the position of the determined object (S85). For example, the user terminal 14 includes a GPS reception function or a gyro sensor, and can set the position of the terminal to be an approximate position of the object or calculate the position of the object in the image by adjusting the position of the object based on the direction, angle of view, zoom magnification, or the like of the image capturing by the camera.).
Gong and Ohata are analogous because they are in a similar field of endeavor, e.g., drone management systems. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention, with a reasonable expectation of success, to have included the viewing angle determination of Ohata in order to provide further means of determining information about a drone in the user’s environment. The motivation to combine is to ensure that a user is able to determine if a specific drone is in an allowed area (see at least 0121-0122 of Ohata).
Claims 17 and 20 are similar in scope to claim 11, and are similarly rejected.
Regarding claim 12, the combination of Gong and Ohata teaches the method according to claim 11, and Gong further teaches wherein the remote ID or the drone ID includes two parts: the remote ID or the drone ID, and an ID of a pilot or registered user operating the at least one drone (0113, authentication system may include memory storage 130 that stores information about the users, remote controllers, and/or the UAVS, 0114, information in the database may include identification information about the users, remote controllers, and/or the UAVS, identification may include user identifiers, e.g., USER ID1, USER ID2, …, or UAV identifiers, e.g., UAV ID1, UAV ID2, …).
Claim 18 is similar in scope to claim 12, and is similarly rejected.
Regarding claim 13, the combination of Gong and Ohata teaches the method according to claim 11, and Gong further teaches it further comprising displaying in the UE, the remote ID or the drone ID, and information on the registered users operating the drone having the drone ID (0962-0963, mobile device may communicate with the air control system, mobile application may interact with the user interface on the mobile device, may show any information as described elsewhere herein, 0114, information in the database may include identification information about the users, remote controllers, and/or the UAVS, identification may include user identifiers, e.g., USER ID1, USER ID2, …, or UAV identifiers, e.g., UAV ID1, UAV ID2, …).
Claim 16 is similar in scope to claim 13, and is similarly rejected.
Regarding claim 14, the combination of Gong and Ohata teaches the method according to claim 11, and Gong further teaches wherein the drone provides the hand controller with a stream of data or image frames in the form of video in addition to providing said positioning information of the at least one drone (0921, display device may be a user terminal viewable by the user, user terminal may receive data from the UAV, including data captured using one or more sensors, such as a camera, images from the camera may be provided to the user terminal, display device may also be a display device on a geo-fencing device itself, or may be the display of an administrator, government worker, or emergency services user).
Regarding claim 15, Gong discloses a method performed by a User Equipment (UE) (0572, geo-fencing device may be a mobile device, e.g., a smartphone, cell phone, tablet) in a system comprising at least one drone (0100, UAV may be an aerial vehicle), at least one hand controller (0094, user may provide input to control the UAV with a remote controller), a database (0120, authentication system may include an identification registration database), and an Unmanned Aircraft Traffic Management (UTM) system (0123, air control system may obtain information about the user and the UAV from the authentication center), the method comprising:
Within an area at a certain distance from said at least one drone, transforming positioning coordinates of the UE by means of a mobile application of the UE and additional information to a format understandable for a UTM service in the UTM system and transmitting the transformed positioning coordinates of the UE to the UTM system (0675, a geo-fencing device may comprise a receiver configured to receive data useful for determining a set of flight regulations, 0678, the receiver may be a detector configured to detect a presence of the UAV … the detector may be able to detect a direction of the UAV relative to the detector, 0959, the set of flight regulations may be generated considering any factors of conditions, e.g., UAV information, user information, environmental conditions, timing…, 0961, mobile device may receive information when a UAV is within a predetermined range of the mobile device, mobile device may compare the location of the UAV with the location of the mobile device, mobile device may receive the UAV location from an air control system, 0956, the geo-fencing application may provide the air control system with a location of the mobile device, Examiner's note: given that the geo-fencing application provides the air control system with the location of the mobile device, the location of the mobile device must already have been transformed into a format understandable by the UTM service), for enabling the UTM service in the UTM system to look up the at least one drone that is or are active within said area and according to the additional information (0687-0689, external device may be an air control system, In one implementation, the geo-fencing device 2310 may be able to detect the presence of the UAV. The geo-fencing device may include a detector that may detect the presence of a UAV when the UAV is within a predetermined geographic range of the geo-fencing device, in some embodiments, the detector may be a communication module. The communication module may receive a communication from the UAV or the external device indicative of the UAV and/or user information, Examiner’s note: the examiner is interpreting the limitation of “for enabling the UTM service in the UTM system to look up the at least one drone that is or are active within said area and according to the additional information” as being intended use, as the limitation merely describes what the data is for rather how the data is processed), based on the information received by the UTM system from the UE and information received by the UTM system from a hand controller (0621, geo-fencing device may detect the UAV based on information from the air control system, air control system may track the location of the UAV and may send a signal to the geo-fencing device when the air control system detects that the UAV is close to the geo-fencing device); and the UTM system querying the database to provide information on registered users that are operating said at least one drone in said area (0122, air control system 230 may interact with the authentication center 220, the air control system may obtain information about the user and the UAV from the authentication center, information may include the user identifier and the UAV identifier, information may relate to confirmation or identification of the user); and
Receiving from the UTM system the information on the registered users (0631, the geo-fencing device may be configured to receive a UAV identifier and/or user identifier, the user identifier may uniquely identify the user from other users, communication module of the geo-fencing device may receive the UAV identifier and/or the user identifier).
Gong fails to explicitly disclose, however, wherein the UE comprises one or more sensors configured to sense a viewing angle of the UE and output the sensed viewing angle;
Wherein the UE transforms a viewing angle obtained from an output of the one or more sensors of the UE by means of a mobile application of the UE; and
Wherein the additional information is the viewing angle.
Ohata, however, in an analogous field of endeavor, does teach:
Wherein the UE comprises one or more sensors configured to sense a viewing angle of the UE and output the sensed viewing angle (0119, The user terminal 14 acquires an image of an overhead space by using a camera mounted on the user terminal or an external camera connected with the user terminal (S83). 0120, The user terminal 14 analyzes the captured image to determine any object in the image (S84) and calculates the position of the determined object (S85). For example, the user terminal 14 includes a GPS reception function or a gyro sensor, and can set the position of the terminal to be an approximate position of the object or calculate the position of the object in the image by adjusting the position of the object based on the direction, angle of view, zoom magnification, or the like of the image capturing by the camera.);
Wherein the UE transforms a viewing angle obtained from an output of the one or more sensors of the UE by means of a mobile application of the UE (0120, The user terminal 14 analyzes the captured image to determine any object in the image (S84) and calculates the position of the determined object (S85). For example, the user terminal 14 includes a GPS reception function or a gyro sensor, and can set the position of the terminal to be an approximate position of the object or calculate the position of the object in the image by adjusting the position of the object based on the direction, angle of view, zoom magnification, or the like of the image capturing by the camera. 0121, The user terminal 14 compares the calculated position of the object and the result of identification of the group of drones acquired from the authentication station 2 (S86) and displays a result of the comparison over the image acquired at step S83 (S87). A drone is specified when the position of the drone in the captured image is close to only one drone position included in the drone identification result.); and
Wherein the additional information is the viewing angle (0119, The user terminal 14 acquires an image of an overhead space by using a camera mounted on the user terminal or an external camera connected with the user terminal (S83). 0120, The user terminal 14 analyzes the captured image to determine any object in the image (S84) and calculates the position of the determined object (S85). For example, the user terminal 14 includes a GPS reception function or a gyro sensor, and can set the position of the terminal to be an approximate position of the object or calculate the position of the object in the image by adjusting the position of the object based on the direction, angle of view, zoom magnification, or the like of the image capturing by the camera.).
Gong and Ohata are analogous because they are in a similar field of endeavor, e.g., drone management systems. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the present invention, with a reasonable expectation of success, to have included the viewing angle determination of Ohata in order to provide further means of determining information about a drone in the user’s environment. The motivation to combine is to ensure that a user is able to determine if a specific drone is in an allowed area (see at least 0121-0122 of Ohata).
Claim 19 is similar in scope to claim 15, and is similarly rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Banga (US 20190103030 A1) teaches a reader device for identifying an unmanned aerial vehicle in a location, wherein the reader device is configured to receive identification information transmitted from the UAV.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE A WOOD whose telephone number is (571)272-6830. The examiner can normally be reached M-F, 8:00 AM to 4:30 PM Eastern.
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/BLAKE A WOOD/Examiner, Art Unit 3658
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