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 .
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 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,085,669 in view of US 9,266,627 (ANDERSON) and US 7,114,682 (KISTLER) and US 2013/0140402 A1 (TILLOTSON). Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,085,669 substantially discloses the same invention except for limitations taught by US 9,266,627 (ANDERSON) or US 7,114,682 (KISTLER) or US 2013/0140402 A1 (TILLOTSON) or combinations thereof. For example, ANDERSON teaches at Col. 4, Lns. 45-60: “Additionally, many known technologies and techniques from mining on Earth can be applied to asteroid mining. An example of a tool can comprise a constellation of spacecraft that are modified to carry mining, extraction, and processing apparatus. Additional tools can include the use of concentrated solar thermal energy directed towards the asteroid from, for instance, a large space deployed solar collector array consisting of inflatable mirrored surfaces precisely angled to focus solar energy in specific directions upon command to process asteroid material through heating. Containment method can be used to manage material, an example of which may comprise a large inflatable or expandable storage unit made of material strong enough to contain raw asteroid materials. Common centrifuges modified for the space environment can be used to separate materials as necessary.” KISTLER teaches a system for transportation and storage of cargo in space includes one or more platforms. The platforms are operable to hold multiple removable propellant tanks and rendezvous with one or more other platforms in space. The platforms also include one or more thruster systems and positioners. Each positioner has an effector operable to grip a band disposed around each propellant tank. Each positioner is operable to facilitate the transfer of the multiple removable propellant tanks between platforms during the rendezvous (see the Abstract). And TILLOTSON teaches wherein an orbital transport vehicle comprises: a solar thermal rocket (STR) propulsion module; wherein the orbital transport vehicle incorporates anidolic optical features and solar thermal rocket (STR) propulsion such that the optical features capture and direct solar rays toward a heat exchanger to heat propellant and induce propellant expulsion; wherein the anidolic optical features comprise at least one of the following: parabolic reflectors, plane reflectors, Winston cones, and light tubes; wherein the orbital transport vehicle is configured to use at least one volatile compound as the propellant for propelling the orbital transport vehicle by providing a reservoir shaped for storage of the compound, a heat exchanger configured to accept solar energy and convey that energy to the compound, an access passage for the compound to flow from the reservoir to the heat exchanger, and a nozzle configured to generate thrust and direct the vehicle.
Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,643,930 in view of US 9,266,627 (ANDERSON) and US 7,114,682 (KISTLER) and US 2013/0140402 A1 (TILLOTSON). Although the claims at issue are not identical, they are not patentably distinct from each other because U.S. Patent No. 11,085,669 substantially discloses the same invention except for limitations taught by US 9,266,627 (ANDERSON) or US 7,114,682 (KISTLER) or US 2013/0140402 A1 (TILLOTSON) or combinations thereof. For example, ANDERSON teaches at Col. 4, Lns. 45-60: “Additionally, many known technologies and techniques from mining on Earth can be applied to asteroid mining. An example of a tool can comprise a constellation of spacecraft that are modified to carry mining, extraction, and processing apparatus. Additional tools can include the use of concentrated solar thermal energy directed towards the asteroid from, for instance, a large space deployed solar collector array consisting of inflatable mirrored surfaces precisely angled to focus solar energy in specific directions upon command to process asteroid material through heating. Containment method can be used to manage material, an example of which may comprise a large inflatable or expandable storage unit made of material strong enough to contain raw asteroid materials. Common centrifuges modified for the space environment can be used to separate materials as necessary.” KISTLER, as discussed below, teaches a system for transportation and storage of cargo in space includes one or more platforms. The platforms are operable to hold multiple removable propellant tanks and rendezvous with one or more other platforms in space. The platforms also include one or more thruster systems and positioners. Each positioner has an effector operable to grip a band disposed around each propellant tank. Each positioner is operable to facilitate the transfer of the multiple removable propellant tanks between platforms during the rendezvous (see the Abstract). And TILLOTSON, as discussed below, teaches wherein an orbital transport vehicle comprises: a solar thermal rocket (STR) propulsion module; wherein the orbital transport vehicle incorporates anidolic optical features and solar thermal rocket (STR) propulsion such that the optical features capture and direct solar rays toward a heat exchanger to heat propellant and induce propellant expulsion; wherein the anidolic optical features comprise at least one of the following: parabolic reflectors, plane reflectors, Winston cones, and light tubes; wherein the orbital transport vehicle is configured to use at least one volatile compound as the propellant for propelling the orbital transport vehicle by providing a reservoir shaped for storage of the compound, a heat exchanger configured to accept solar energy and convey that energy to the compound, an access passage for the compound to flow from the reservoir to the heat exchanger, and a nozzle configured to generate thrust and direct the vehicle.
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 (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 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.
Claim(s) 8, 16-17 and 24-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,114,682 B1 (hereinafter “KISTLER”).
Regarding Claim 8, KISTLER discloses an orbital transportation network system, comprising: an orbital transport vehicle (200); and at least one propellant storage depot (10, 100, 500) configured to orbit (see 602, 608) around a celestial body (see Earth or Moon in Figs. 9A-9C) and store propellant (see 110, 120) in space for use by multiple orbital transport vehicles by locating the propellant depot in at least one of the following: low-earth orbit (LEO) (see 602) to facilitate payload delivery by launch vehicles (see Col. 7, Lns. 49-53: “In certain embodiments of Phase One, lunar landing platform 250 may also be launched from earth and rendezvous with one or more storage platforms 100 in low earth orbit 602 to receive the cargo and propellant necessary to fly to the moon and enter a lunar orbit 608.”), geostationary Earth orbit (GEO) to facilitate coordination with satellites (see Col. 7, Ln. 67 through Col. 8, Ln. 8: “In Phase Two, a transportation platform 200 is placed in a low earth orbit 602 and then proceeds past geostationary orbit 604 to lunar trajectory 606 toward the moon and enter lunar orbit 608. Transportation platform 200 then enters lunar orbit 608, where it rendezvous with a waiting storage platform 100 for the transfer of propellant and/or cargo. Storage platform has previously supplied a lunar landing platform 250 with propellant and/or cargo.”), or lunar distant retrograde orbit (LDRO) or another stable orbit, minimizing use of propellant to maintain orbit.
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Regarding Claims 16 and 17, KISTLER discloses a method for transporting a payload from one orbit (see 602 or 604) to another (608), comprising: specifying or identifying a current orbital location of the payload (110, 120); specifying or identifying a destination orbital location for the payload (e.g., orbital location of transportation node 500); providing an orbital transport vehicle (OTV) (200) configured to: attach and separate from payload vehicles (see 10, 100, 500), adjust to different payload masses and centers of mass (i.e., filled or empty propellant tanks), and accept fuel at a space-located propellant depot, the OTV comprising a propulsion system configured to deliver large velocity changes (see Col. 5, Lns. 14-21: “Transport platform is propelled through space by motor 210, which may be a gimbaled rocket motor. Motor 210 may use the propellant contained in tanks 110, 120, such as liquid oxygen and/or liquid hydrogen, as the fuel to power motor 210. In certain embodiments, motor 210 may provide thrust that is greater than approximately twice the total weight of the filled propellant tanks 110, 120 coupled to transportation platform 200.”); locating the OTV at any of low-earth orbit (LEO) (602), geostationary earth orbit (GEO) (604), near-Earth objects (NEOs) in native orbits, lunar distant retrograde orbit (LDRO), or heliocentric orbit; moving the orbital transport vehicle (200) to the current orbital location of the payload; and transporting the payload to the destination orbit (see at least the Abstract); further comprising: moving the OTV (200) to a propellant storage depot (100, 150, 500); and replenishing the OTV with propellant from the propellant storage depot (see again Col. 5, Lns. 14-21: “Transport platform is propelled through space by motor 210, which may be a gimbaled rocket motor. Motor 210 may use the propellant contained in tanks 110, 120, such as liquid oxygen and/or liquid hydrogen, as the fuel to power motor 210. In certain embodiments, motor 210 may provide thrust that is greater than approximately twice the total weight of the filled propellant tanks 110, 120 coupled to transportation platform 200.”).
Regarding Claims 24 and 25, KISTLER discloses the claimed limitations as is evident from the discussion of KISTLER above. In the interest of brevity, the same or equivalent claim limitations already discussed above will not be repeated here.
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) 9, 10, 12, 14, 18, 19, 21, 26, 27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over KISTLER in view of US 2013/0140402 A1 (hereinafter “TILLOTSON”).
Regarding Claims 9, 10, 12 and 14, KISTLER discloses an aero-maneuvering tanker module (see Col. 5, Lns. 5-8: “For example, transportation platform may be used to transport cargo from one storage platform 10, 100 to another storage platform 10, 100 or to another space vehicle, such as a space station or a space shuttle.” The space shuttle comprises an aero-maneuvering tanker module).
KISTLER does not disclose wherein the orbital transport vehicle comprises: a solar thermal rocket (STR) propulsion module; wherein the orbital transport vehicle incorporates anidolic optical features and solar thermal rocket (STR) propulsion such that the optical features capture and direct solar rays toward a heat exchanger to heat propellant and induce propellant expulsion; wherein the anidolic optical features comprise at least one of the following: parabolic reflectors, plane reflectors, Winston cones, and light tubes; wherein the orbital transport vehicle is configured to use at least one volatile compound as the propellant for propelling the orbital transport vehicle by providing a reservoir shaped for storage of the compound, a heat exchanger configured to accept solar energy and convey that energy to the compound, an access passage for the compound to flow from the reservoir to the heat exchanger, and a nozzle configured to generate thrust and direct the vehicle.
TILLOTSON teaches wherein an orbital transport vehicle comprises: a solar thermal rocket (STR) propulsion module (10); wherein the orbital transport vehicle incorporates anidolic optical features (see 28) and solar thermal rocket (STR) propulsion such that the optical features capture and direct solar rays toward a heat exchanger (22) to heat propellant and induce propellant expulsion (see at least para. [0015]: “Within the heat exchanger 22, energy from sunlight 18 boils the liquid to generate a lithium vapor which is further heated by the heat exchanger 22. The hot lithium vapor exits through the nozzle 26, producing thrust.”); wherein the anidolic optical features comprise at least one of the following: parabolic reflectors, plane reflectors, Winston cones, and light tubes (see at least para. [0015]: “In one embodiment, a reflector 28 directs or concentrates the sunlight 18 (or laser) towards the heat collector 22.” Parabolic reflectors are concentrating reflectors; moreover, parabolic reflectors are old and well known in the art.); wherein the orbital transport vehicle is configured to use at least one volatile compound (12) as the propellant for propelling the orbital transport vehicle by providing a reservoir (14) shaped for storage of the compound, a heat exchanger (22) configured to accept solar energy and convey that energy to the compound (see at least para. [0015], quoted above), an access passage (20) for the compound to flow from the reservoir to the heat exchanger (see the last sentence of para. [0014]: “Once the propellant is liquified, the rocket 10 can utilize pump 24 to pump liquid lithium 12 into the heat collector/exchanger 22 via the heat conduit 20.”), and a nozzle (26) configured to generate thrust and direct the vehicle (see again para. [0015]: “The hot lithium vapor exits through the nozzle 26, producing thrust.”).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify KISTLER wherein the orbital transport vehicle comprises: a solar thermal rocket (STR) propulsion module; wherein the orbital transport vehicle incorporates anidolic optical features and solar thermal rocket (STR) propulsion such that the optical features capture and direct solar rays toward a heat exchanger to heat propellant and induce propellant expulsion; wherein the anidolic optical features comprise at least one of the following: parabolic reflectors, plane reflectors, Winston cones, and light tubes; wherein the orbital transport vehicle is configured to use at least one volatile compound as the propellant for propelling the orbital transport vehicle by providing a reservoir shaped for storage of the compound, a heat exchanger configured to accept solar energy and convey that energy to the compound, an access passage for the compound to flow from the reservoir to the heat exchanger, and a nozzle configured to generate thrust and direct the vehicle as taught and/or suggested by TILLOTSON, since both references teach a rocket propulsion module, it would have been obvious to one skilled in the art to substitute one rocket propulsion module for the other to achieve the predictable result of generating thrust and directing the vehicle.
Regarding Claims 18, 19, 21, 26, 27 and 29, KISTLER in view of TILLOTSON discloses the claimed limitations as is evident from the discussion of the references above. In the interest of brevity, the same or equivalent claim limitations and the obviousness rationale for combining the references, as already discussed above, will not be repeated here.
Allowable Subject Matter
Claims 1-7 would be allowable if a terminal disclaimer were to be filed to overcome the nonstatutory double patenting rejection(s) set forth in this Office action.
Claims 11, 13, 15, 20, 22, 23, 28 and 30 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims; and, if a terminal disclaimer were to be filed to overcome the nonstatutory double patenting rejection(s) set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because the references are either in the same field of endeavor or are reasonably pertinent to the particular problem with which the applicant was concerned. Please see form PTO-892 (Notice of References Cited) attached to, or included with, this Office Action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORGE A PEREIRO whose telephone number is (571)270-3932 and whose fax number is (571) 270-4932. The examiner can normally be reached on M-F 9:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Barrett can be reached on (571) 272-4746. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORGE A PEREIRO/ Primary Examiner, Art Unit 3799