Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 and 5-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Duggan et al. (US 2005/0004723, cited previously by applicant) further in view of Tofte (US 10,969,781). Duggan et al. teach an arrangement for wirelessly controlling a vehicle which is a radio controlled aircraft (¶¶0057, 0415, figure 10-4), which is illustrated as a complete unit in schematic terms (figure 10-4), which includes a wireless interface (ground controller 602, vehicle-borne controller 604, wireless communications 605), a propulsion mechanism (engine disclosed but not separately referenced (¶¶0115, 0373), a camera (164) providing a video feed (¶0365), one or more processors (652) operative to execute an instruction set allowing the camera to provide a video feed transmitted to a controller device (602) via the wireless connection, the controller operable to send an input to the vehicle selecting an object or location in the video feed (via cursor selection, ¶0310) which causes an autonomous operation to operate the propulsion mechanism (in this instance, the engine and the flight control surfaces) to move the vehicle toward the object or location (see at least ¶¶0317, 0138, 0319, setting a steering point or surveillance point via command-to-LOS; the illustration in figure 21 including both a projection of view on ground from the information transmitted by the camera corresponding to the instantaneous seeker field-of-view), the vehicle operative to autonomously detect and maneuver around obstacles (potential collision conditions are avoided: operation sub-component 122, see ¶¶0063, 0065, 0080); the camera being mounted on a positioning and pointing device (840), the camera being operable to track a target (controlled via information 832); the instructions including a control mode which receives the commands from the controller device operating the propulsion mechanism to control acceleration and maneuvering of the aircraft in response to command inputs (level 320, see ¶0076: “directional commands (horizontal turn rate and climb/descent rates) that are then transformed into acceleration and bank angle commands”; also ¶¶0093 and 0299); the craft including an inertial measurement unit (“navigator” components; ¶0142 which can include “a three-axis inertial measurement unit”); the arrangement operative to receive feedback from the inertial measurement unit (822) to compensate for dynamic operating conditions (stabilization function 824, see ¶0114), the stabilization operative to stabilize pitch, yaw and roll (¶0125, also note figures 8 and 9); the propulsion system having at least an engine and controllable airframe control surfaces separately adjustable to achieve a desired flight characteristic (¶¶0107, 0114, 0125) by sending commands to respective independent control components (engine control 666, actuator control 668, ¶0107); the arrangement operative to maintain an orientation awareness (see coordinate systems figures 10-1 through 10-4) with respect to an initial frame of reference such as a global coordinate system (see ¶¶0133-0140 which describes the respective coordinate systems and reconciliation there-between); the craft including a GPS device to provide data to the controller (170); the user controller operative to execute software applications specific to the control of the craft (system interface computer 602); the system interface controller including a display screen (610, 614, 616) and one or more processors (606), the controller operative to perform instructions (804, 806, 808, 810, 812) including receiving video from the camera and displaying it on the display (via 605 to 614), generating command signals (¶¶0063, 0065, 0080) to autonomously guide the craft to a selected target, the control of the operative functions able to be achieved through a touch-screen (¶0401), the resulting commands transmitted to the craft for execution (via 605 to 652)
As regards the aircraft having autonomous operation (claim 1): Duggan et al. that some operations are autonomous, but does not explicitly disclose that propulsion is autonomous based on input from a video feed. Tofte teaches autonomous operation (col. 36 ll. 3-13 of Tofte) using a video feed as input (col. 2 ll. 13-20 of Tofte). Both Duggan and Tofte teach drone operating systems. It would have been obvious to one of ordinary skill in the art at the time of the invention to use the input system of Tofte to allow for easier user input and make the system more user friendly
As regards the aircraft having a housing (claim 1): the reference to Duggan et al. illustrates the aircraft in schematic form, and to the extent that it is well understood to be desirable to enclose the operating components of the vehicle so as to protect them, and/or prevent contact with the components, and/or to the extent that the operative components are not visible from the exterior view (figure 10-4), it 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 to provide the aircraft with a housing to contain the operative components, for example to protect them from the elements during operation.
As further regards the three axis measurement unit (claim 7): the reference to Duggan et al. initially teaches the provision of an inertial measurement unit in the form of a three axis unit disclosed in generic terms, but does not expressly call out the unit as being one of a gyroscopic sensor, accelerometer or magnetometer. Three axis gyroscopic, accelerometer and magnetometer sensors are well known inertial reference sensors for use in vehicular applications. Further, applicant’s specification as filed does not teach any particular criticality to the choice of inertial sensor (applicant’s specification ¶0026). Resultantly, it 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 to provide the three axis inertial sensor as taught generically by Duggan et al. as being one of a gyroscopic sensor, accelerometer or magnetometer for the purpose of choosing an inertial sensor which is commonly known and available, beneficially allowing the use of a known and commonly obtainable inertial sensor solution rather than requiring the construction and application of a new or less-tested sensor.
As regards the independent control components [engine and actuator] (claim 8): The reference to Duggan et al. teaches the provision of independent control for the engine and airframe actuators, but does not expressly teach the controls as being motors. It is notoriously old and well known to use motors such as servo motors to control airframe maneuvering surfaces and engine parameters, and it 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 to provide the independent controls taught initially by Duggan as being motors, for example servo motors, for the purpose of providing an output interface capable of moving a control surface and for regulating a fuel or air characteristic in the engine and providing precise incremental control of the vehicle operations.
As regards the computing device being mobile and/or a smart phone or tablet computer (claims 11, 12, 18): The reference to Duggan et al. lacks an express teaching of the computing device being “mobile”. It is old and well known to make a computing device mobile, for example so it can be transported from one location to another, for the purpose of allowing the computing device to be used in different locations, and resultantly, it 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 to make the computing device “mobile” so that a user in control of the craft can set up the computing device in more than one desired operation location.
The reference to Duggan et al. lacks an express teaching of the computing device being a smart phone or tablet computer. It is well understood to be desirable to provide a computing device in a small footprint to enhance portability and/or allow it to be easily handled by a user. It 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 to provide the computing device as a smart phone or tablet computer for the purpose of condensing the control interface and processor into a desirably small package, allowing ease of handling by a user and/or facilitating portability.
As regards the performance of the taught functions as a method (claim 13): initially, the reference to Duggan et al. teaches numerous operative functions the craft and control unit can perform, but does not expressly teach that the craft and controller perform these functions as a method. It 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 to perform the taught operative functions disclosed by Duggan et al. as an operating method for the purpose of actually operating the craft and control computer to achieve moving the craft from one location to another and retrieving information from the craft.
As regards the provision of memory for the operative instructions (claim 17): Initially, the reference to Duggan et al. teaches the plural operative steps and/or operational characteristics which the controller and craft perform, and for the processors of the computer and the craft to perform these functions, the functions would necessarily be encoded in a form or memory, such as a non-transitory storage device. As such, it 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 to provide the operative steps in a memory element in order to ensure that the processor can perform the disclosed steps (without which, the arrangement taught by the reference would not be able to operate).
As regards the provision of touch input (claim 17): The reference to Duggan et al. refers in general terms to the provision of touch-screen capabilities (see ¶0401) but doesn’t expressly teach that the selection of the object or location is made by the use of the touch-screen. To the extent that it is well known to use a touch screen to select operative functions, and to the extent that Duggan et al. intend that the user interface may employ touch-screen capabilities, it 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 to provide the function of selecting the location or object as taught by Duggan as being made expressly via the touch-screen capability, for the purpose of using the GUI in an intuitive manner (e.g., allowing a user to directly point at a function or intended destination).
Claim 4 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Duggan et al. (cited above) in view of Allred (US 4,752,791). The reference to Duggan et al. teaches the camera being located on the vehicle and mounted on a positioning and pointing device, but fails to expressly teach that it includes a gyroscope. Gyroscopes are old and well known mechanisms for providing stabilization on elements associated with moving frames, and further, Allred teaches that it is known to provide a camera mount (10) on a moving platform (such as an aircraft, col. 1, lines 6-7) as having a connected or associated gyroscope (72) to which the camera mount is connected, for stabilization purposes (col. 3, lines 14-16). It 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 to connect the camera as initially taught by Duggan et al. to the positioning and pointing device with a mount which also includes a gyroscope as suggested by Allred, for the purpose of providing improved stability in the ability of the camera to hold a desired imaging position or orientation.
Response to Arguments
Applicant’s arguments, see regarding the teaching of Duggan have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Tofte.
Conclusion
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/MINNAH L SEOH/Supervisory Patent Examiner, Art Unit 3618