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 .
Status of Claims
This office action is in response to the application filed on July 24, 2023. Claims 1-20 are presently pending and are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 24, 2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 contains grammatical error, the limitation “adverse environmental condition to effect the hot-air balloon” should read adverse environmental condition to affect the hot-air balloon.”
Claim Interpretation
Regarding claims 17-20, while they are directed to a “computer program product comprising one or more computer readable storage media…” when read in light of the specification, in particular [0024] of the applicants specification “computer readable storage media” is understood to not include signals per-se as such, while at first appearing to include signals per-se under broadest reasonable interpretation as to storage media, when the applicant’s specification is reviewed storage media is understood to by non-transitory storage media, with transitory (signals per-se) being excluded.
As such claims 17-20 are not rejected as directed non-statutory categories/subject matter.
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.
Claim 8 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. Claim 8 limitation “the multifarious data comprises data selected from the group consisting of:” is unclear whether all the listed limitations are required for the condition to be met or at least one of these items in the list are acceptable. For purposes of the examination, it will be interpreted to mean at least one of the listed items.
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.
Claims 1, 6-8, 11, 15-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ponda et al., US 20200192989 A1 (Hereinafter “Ponda), in view of Tian et al., US 20220100927 A1 (Hereinafter “Tian”).
Regarding Claims 1, 11 and 17, Ponda discloses a computer-implemented method comprising: obtaining a data-analysis-based control to control a flight path of a hot-air balloon, the hot-air balloon including a positioning system to facilitate repositioning the hot-air balloon, See [0045], “FIG. 2 is an example balloon 200, which may represent any of the balloons of the system 100. As shown, the balloon 200 includes an envelope 210 and a payload 220 … The envelope 210 is thus arranged to have an associated upward buoyancy force during deployment of the payload 220.“ And [0046], “The payload 220 may include a computer system (not shown), having one or more processors and on-board data storage (similar to processors 420 and memory 430 described below). The payload 220 may also include various other types of equipment and systems (not shown) to provide a number of different functions. For example, the payload 220 may include various communication systems such as optical and/or RF components, a navigation system, a positioning system (e.g., GPS), a lighting system, an altitude control system (configured to change an altitude of the balloon).” Also [0050], “FIG. 3 is an example of balloon 200 in flight, for instance at float altitude. In this example, the shapes and sizes of the balloon envelope 210, connection 260, and payload 220 are exaggerated for clarity and ease of understanding. An inflatable bladder, or ballonet 300, provides ballasting for the balloon 200. During flight, balloons may use changes in altitude to achieve navigational direction changes.” Also [0052], “FIG. 4 is an example of a server system 400 which may be, for instance, incorporated into one or more of the ground base stations 106, 112 of FIG. 1. As shown, the server system 400 includes one or more server computing devices 410 and a storage system 460.” + [0011], [0031], [0035] which detail the repositioning of the balloon based on the flight path and predications associated with it
the data-analysis-based control comprising: simulating aSee [0027] “ One way to provide enhanced network access is via a network of balloons or other maneuverable platforms operating in the stratosphere. To maintain the network, each balloon (or other maneuverable platform) may be required to be located at and/or to travel to a particular location. The balloons may rely on ever-changing wind conditions to assist in navigation efforts to different locations. Other environmental and non-environmental factors can impact each balloon's flight plan. In view of this, large scale simulations may be performed to evaluate operational characteristics or capabilities (e.g., power system availability) and life cycle of individual balloons or an entire fleet. Such simulations may be used to manage the life cycle of the balloons that make up the network including, for example, risk management to avoid failure modes and/or optimize availability for service delivery. “ + [0030]-[0031] here teaches predicting/determining of flight paths based on the simulations includes simulating environmental characteristics; “[0060], “FIG. 5 is an example functional system diagram 500 that implements a simulation environment in accordance with aspects of this disclosure. As shown, the system may comprise one or more service blocks 510 that run in a simulation environment 540 and that provides output to storage system 560.” And [0061], “The service block 510 comprises a flow diagram of operations that may run on one or more of the computing devices 410 of FIG. 4. Service block 510 may, for example, comprise a Monte Carlo-type service.”
forecasting, based on the simulated See [0004], “a method for forecasting risk factors for an airborne object controlled based on flight model parameters is provided. This method comprises running a Monte Carlo simulation using a given set of the flight model parameters of the airborne object for a predetermined time period, wherein the Monte Carlo simulation is distributed across a plurality of processing devices and run over ranges of values for the given set of flight model parameters. The method also includes generating by one or more processors, within the predetermined time period, a risk threshold as a result of the Monte Carlo simulation, the risk threshold comprising a measure of an expected life cycle associated with the airborne object; and determining whether to adjust a flight component of the airborne object based on the risk threshold.”
Ponda discloses a simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a digital twin model. However Tian teaches a digital twin modeling system in [0031], “key running state data of the tethered balloon is collected through the Internet of Things of the tethered balloon system; the key running state data of the tethered balloon is transmitted to the twin data service center; the twin data service center receives, analyzes and stores the data and forwards the data to the tethered balloon digital twin system; the tethered balloon digital twin system performs simulation and comprehensive visualization on the pose of the tethered balloon body and the ground tethering facility; the tethered balloon monitoring service provides running state monitoring, quality problem tracking, fault prediction and early warning, automatic control and other services; and the present invention realizes the deep integration of the physical space and the digital space of the tethered balloon system, which can monitor the tethered balloon system, and is high in visualization degree and good in interaction means, thereby realizing the all-round multi-view monitoring for the tethered balloon, tracing of major safety problems, and fault diagnosis and early warning, and ensuring the running safety of the tethered balloon system.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Ponda’s device with the digital twin modeling limitations disclosed in Tian with reasonable expectation of success. The motivation for doing so would have been to make the remote real-time processing, analysis and prediction of data possible, see Tian [0044].
Regarding Claims 6 and 16, Ponda discloses the following limitation dependent on Claim 1:
wherein the data-analysis-based control further comprises: generating, as part of the simulated See [0030], “the flight plan of a system comprising a plurality of airborne objects, such as for example balloon and other HALE and/or HAP platforms (e.g., drone-type unmanned aerial vehicles) that operate at relatively high (stratospheric) altitudes, e.g., on the order of 20 kilometers above the earth's surface, needs to be monitored and adjusted based on a variety of operational and environmental parameters or applications. Operational parameters or applications may include, for example, preventing thermal runaway, balloon burst, a zero pressure condition or critically low levels of battery power. Balloon burst may occur when the pressure within the balloon exceeds tolerance limits of the balloon material. Zero pressure may result when the thermal environment changes (e.g., when the sun goes down and the balloon gets colder). One cause of zero pressure is loss of superpressure due to a change in temperature (e.g., typically a drop in temperature to relatively cold temperatures). This phenomenon occurs due to a change in temperature causing a loss of superpressure within the balloon envelope. There is also a slower lift gas process, which over time makes a balloon more susceptible to zero pressure (e.g., the temperature threshold creeps higher with loss of lift gas).” + [0032] “Aspects of the technology run simulations for each balloon, airborne object or other flight system and alerts an operator such as a flight engineer if a flight plan or other operational component(s)/parameter(s)) of the balloon reaches or exceeds some risk threshold. Alternatively, the system may also be configured to automatically adjust the flight plan or other operational component(s)/parameter(s) autonomously based on such risk threshold.”
Ponda discloses a simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a digital twin model. However, Tian teaches a digital twin modeling system in [0031] as stated in Claim 1.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Ponda’s device with the digital twin modeling limitations disclosed in Tian with reasonable expectation of success. The motivation for doing so would have been to make the remote real-time processing, analysis and prediction of data possible, see Tian [0044].
Regarding Claims 7,15 and 20, Ponda discloses the following limitation dependent on Claim 1:
wherein the data-analysis-based control further comprises obtaining multifarious data for the hot-air balloon and the one or more environmental conditions “[0030] As an example, the flight plan of a system comprising a plurality of airborne objects, such as for example balloon and other HALE and/or HAP platforms (e.g., drone-type unmanned aerial vehicles) that operate at relatively high (stratospheric) altitudes, e.g., on the order of 20 kilometers above the earth's surface, needs to be monitored and adjusted based on a variety of operational and environmental parameters or applications;” the monitoring (and by extension the simulation) is of variety of operational and environmental conditions; i.e. “multifarious data” and one or more environmental conditions ”and using the multifarious data in simulating the See [0031] These systems may comprise a large number of balloons or other platforms, e.g., tens to thousands, whose flight plans and operational capabilities need to be monitored and managed so that they are able to fulfill their purpose (e.g., deliver Internet access). In this regard, it is desirable to run simulations on each balloon in the system to predict, for example, potential flight paths, the possibility of running out of power during flight or the risk of flight termination. ; + [0037], “\ Another feature of the technology is the use of distributed computing resources. The availability of computing resources impacts run frequency and/or run time. The computing resources may comprise virtual machines in a cloud computing environment. The Monte Carlo simulation service may be distributed over multiple computing resources as part of a distributed computing architecture. “ And [0038], “This allows for obtaining simulation results for systems that require consideration of multiple applications or parameters in almost real time to have continued or safe operation.”
Ponda discloses a simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a digital twin model. However, Tian teaches a digital twin modeling system in [0031] as stated in Claim 1.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Ponda’s device with the digital twin modeling limitations disclosed in Tian with reasonable expectation of success. The motivation for doing so would have been to make the remote real-time processing, analysis and prediction of data possible, see Tian [0044].
Regarding Claim 8, Ponda discloses the following limitation dependent on Claim 7:
wherein the multifarious data comprises data selected from the group consisting of: data properties of the hot-air balloon, data properties of the flight of the hot-air balloon, weather data for the flight of the hot-air balloon, and particle concentration at different altitudes of the projected flight path. See [0030], “Operational parameters or applications may include, for example, preventing thermal runaway, balloon burst, a zero pressure condition or critically low levels of battery power. Balloon burst may occur when the pressure within the balloon exceeds tolerance limits of the balloon material. Zero pressure may result when the thermal environment changes (e.g., when the sun goes down and the balloon gets colder). One cause of zero pressure is loss of superpressure due to a change in temperature (e.g., typically a drop in temperature to relatively cold temperatures). This phenomenon occurs due to a change in temperature causing a loss of superpressure within the balloon envelope. There is also a slower lift gas process, which over time makes a balloon more susceptible to zero pressure (e.g., the temperature threshold creeps higher with loss of lift gas); however, in more severe cases temperature tends to dominate … Environmental parameters include, for example, weather patterns or landscape over which the airborne object may travel. Other applications or parameters in addition to those discussed above include balloons being in close proximity to each other, population density in a region of interest, and merged risk assessments from different simulations or calculations.” Also [0074], “Such parameters, modules or applications may include, for instance, pressure (or height), altitude above sea level, vertical velocity, rotational velocity, horizontal velocity, relative rotations of components of the balloon, a despin mechanism (that adjusts for the relative rotations), gas composition of the gasses in the envelope, a super pressure limit (how high the balloon can go before failing or starting to experience failure), percentage of total volume of the ballonet, status of the various components of the balloon (whether anything has been damaged), thermal conditions of the components of the balloon, envelope composition (the type of film, configuration and shape of the balloon), solar conditions (relative location of the sun), battery configuration and state (number, capacity, currently charging or discharging, rates of same, current charge level, low battery limit, etc.), energy conditions (net energy loss or gain between incoming solar power and outgoing power to the components of the balloon), structure and configuration of the solar panels (number, physical arrangement, power output, etc.), altitude control system parameters (state, current target pressure or altitude), payload component conditions (power consumption rates under different payload conditions, efficiency, speeds of various motors, radio frequency and/or optical communications configurations, and various other parameters related to the balloon and/or the environment in which the balloon is being flown.”
Claims 2-5, 12-14 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ponda in view of Tian, in further view of Tucker et al., US 20210199685 A1 (Hereinafter “Tucker”).
Regarding Claims 2, 12 and 18, Ponda discloses the following dependent on Claims 1,11 and 17: wherein simulating the See [0027], “each balloon (or other maneuverable platform) may be required to be located at and/or to travel to a particular location. The balloons may rely on ever-changing wind conditions to assist in navigation efforts to different locations … simulations may be used to manage the life cycle of the balloons that make up the network including, for example, risk management to avoid failure modes and/or optimize availability for service delivery.“ And [0030], “the flight plan of a system comprising a plurality of airborne objects … Zero pressure may result when the thermal environment changes (e.g., when the sun goes down and the balloon gets colder). One cause of zero pressure is loss of superpressure due to a change in temperature (e.g., typically a drop in temperature to relatively cold temperatures). This phenomenon occurs due to a change in temperature causing a loss of superpressure within the balloon envelope. There is also a slower lift gas process, which over time makes a balloon more susceptible to zero pressure (e.g., the temperature threshold creeps higher with loss of lift gas) … Environmental parameters include, for example, weather patterns or landscape over which the airborne object may travel. Other applications or parameters in addition to those discussed above include balloons being in close proximity to each other, population density in a region of interest, and merged risk assessments from different simulations or calculations.”
Ponda discloses a simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a digital twin model. However, Tian teaches a digital twin modeling system in [0031] as stated in Claim 1.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Ponda’s device with the digital twin modeling limitations disclosed in Tian with reasonable expectation of success. The motivation for doing so would have been to make the remote real-time processing, analysis and prediction of data possible, see Tian [0044].
Ponda and Tian teach a digital twin simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a satellite image to determine air quality at different altitudes. However, Tucker teaches this in [0006], “Light detection and ranging (lidar) systems have been developed that are capable of remotely measuring range-resolved wind speeds for use in various applications, including but not limited to wind-aided navigation of a platform, weather forecasting, air quality prediction, And [0020], “Particles in the atmosphere along the path of the transmitted light reflect that light back to an interferometer included in the lidar system. For example, at high altitudes (e.g. above 20 km), molecules within a target volume 112 in the atmosphere will backscatter at least some of the transmitted light as a return signal 120. At lower altitudes (e.g. below 20 km) molecules and aerosols within a target volume 112 in the atmosphere will backscatter at least some of the transmitted light as a return signal 120.” Also [0021], “the polarization of light in the return signal 120 can be used, alone or in combination with information received from other sensors, to detect the presence of ice, ash, or dust particles within the target volume 112. Although the detection of turbulence and provision of aviation safety weather-related data for an aircraft 100 carrying the instrument 104 and for use by other aircraft or aviation safety information consumers is one application of embodiments of the present disclosure, other applications may include placing a multifunctional system 104 in satellites, in space vehicles, in balloons, or in other vehicles or locations, and with any number of different look angles in different directions.” + [0029] here teaches that the air quality sensing/results can be shared from a first vehicle (e.g. the satellite in [0021] above) to a second vehicle (the balloon) for aiding in navigating the second vehicle.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the air quality detection satellite and transmission to the balloon of Ponda. The motivation for doing so would have been to locate altitudes at which favorable wind conditions are present improving the flight/safety of the balloon, see Tucker [0058].
Regarding Claim 3, Ponda and Tian teach a digital twin simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a satellite image to determine air quality at different altitudes. However, Tucker teaches the following: wherein predicting the air quality at different altitudes of the projected flight path includes using, by the data-analysis-based control, refraction of light data analysis to determine from the satellite image data presence of one or more adverse air qualities within the projected flight path of the hot-air balloon. See [0020], “Particles in the atmosphere along the path of the transmitted light reflect that light back to an interferometer included in the lidar system. For example, at high altitudes (e.g. above 20 km), molecules within a target volume 112 in the atmosphere will backscatter at least some of the transmitted light as a return signal 120 (i.e. refraction). At lower altitudes (e.g. below 20 km) molecules and aerosols within a target volume 112 in the atmosphere will backscatter at least some of the transmitted light as a return signal 120. The return signal 120 comprising at least some of the backscattered light is received by the lidar system included in the multifunctional instrument 104, and any Doppler shift experienced by the light as a result of a relative line of sight wind speed at a range corresponding to a target volume 112 can then be detected, to determine the relative line of sight windspeed within that target volume 112. This information can then be used to detect the presence of turbulence 124, including but not limited to clear air turbulence, in the target volume 112, and to obtain wind measurements that can be used for wind-aided navigation of the platform, weather forecasting, and the like. Moreover, wind profiles based on wind measurements made by the multifunctional instrument 104 at the aircraft 100 level and below can be provided to global and local weather forecasting offices and systems in near real-time to improve forecast model initialization.” And [0021], “the polarization of light in the return signal 120 can be used, alone or in combination with information received from other sensors, to detect the presence of ice, ash, or dust particles within the target volume 112. Although the detection of turbulence and provision of aviation safety weather-related data for an aircraft 100 carrying the instrument 104 and for use by other aircraft or aviation safety information consumers is one application of embodiments of the present disclosure, other applications may include placing a multifunctional system 104 in satellites, in space vehicles, in balloons, or in other vehicles or locations, and with any number of different look angles in different directions.” And [0039], “A large proportion of cross polarized light relative to co-polarized light in the return signal 120 indicates that ice, ash, or dust particles are present within the target volume 112. These measurements can be correlated with temperature measurements, for example taken by the infrared camera 216, to indicate the presence of icing conditions, volcanic ash, or other relevant conditions. Different proportions of cross polarized and co-polarized light (into the interferometer) in the return signal 120 can also indicate aerosol properties within the target volume 112.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the air quality detection satellite and transmission to the balloon of Ponda. The motivation for doing so would have been to locate altitudes at which favorable wind conditions are present improving the flight/safety of the balloon, see Tucker [0058].
Regarding Claims 4, 13 and 19, Ponda and Tian teach a digital twin simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a satellite image to determine air quality at different altitudes. However, Tucker teaches the following: wherein the data-analysis-based control further comprises modeling in 3-D space, along with the See [0058] “The information available from a multifunctional instrument 104 as described herein can include data collected from returns at multiple wavelengths indicating the presence, magnitude, and direction of atmospheric winds, from within multiple fields of regard at different angles relative to the instrument … the data collected by the multifunctional instrument 104 can be processed using artificial intelligence-based deep and reinforcement learning processing algorithms 242 to provide real-time and near-real time weather predictions, wind-aided navigation, turbulence predictions, and/or courses of action for use by an aircraft 100 carrying the multifunctional instrument 104, by other aircraft, or by other data consumers … In addition to providing information useful to ensuring a smooth and safe flight, prediction and measurements made by a multifunctional instrument 104 in accordance with embodiments of the present disclosure can aid in efficiency, for instance by assisting the aircraft 100 in locating altitudes at which favorable wind conditions are present.” Here teaches that the air quality detection and prediction is over multiple fields of regards/altitudes, i.e. data exists/models in a 3-D space/dimension.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the air quality detection satellite and transmission to the balloon of Ponda. The motivation for doing so would have been to locate altitudes at which favorable wind conditions are present improving the flight/safety of the balloon, see Tucker [0058].
Ponda discloses a simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a digital twin model. However, Tian teaches a digital twin modeling system in [0031] as stated in Claim 1.
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Ponda’s device with the digital twin modeling limitations disclosed in Tian with reasonable expectation of success. The motivation for doing so would have been to make the remote real-time processing, analysis and prediction of data possible, see Tian [0044].
Regarding Claims 5 and 14, Ponda and Tian teach a digital twin simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a satellite image to determine air quality at different altitudes. However, Tucker teaches the following: wherein the environmental condition comprises aerosols at one or more different altitudes, and the modeling includes modeling concentration of one or more different particles at the one or more different altitudes, and spread of the one or more different particles in 3-D space, to facilitate identifying the different flight path for the hot-air balloon, where the different flight path has a lower concentration of the one or more different particles than the projected flight path. See [0040], “instrument 104 can be associated with multiple fields of regard (i.e. 3D space), with multiple pointing angles of the lidar beam being included within each field of regard. For example, a first field of regard 108a can be directed so as to obtain measurements from ahead of the aircraft 100. This first field of regard 108a can operate in connection with an output beam 116 having a first wavelength. An example of a suitable wavelength is 355 nm, which is suitable for measuring winds and clear air turbulence in a direction forward of the aircraft 100 motion. A second field of regard 108b can be pointed in a downward direction, to obtain measurements from altitudes below the aircraft flight altitude. This second field of regard 108b can operate in connection with an output beam 116 having a second wavelength. An example of a suitable wavelength for a downward looking field of regard 108b is 1.5 μm, which is suitable for measuring winds in regions with higher aerosol/particle concentration including in clouds.“ And [0058], “The information available from a multifunctional instrument 104 as described herein can include data collected from returns at multiple wavelengths indicating the presence, magnitude, and direction of atmospheric winds, from within multiple fields of regard at different angles relative to the instrument. The data can additionally include information regarding the presence of ice, ash, or dust particles in the atmosphere. Moreover, information regarding the presence and location of clouds can be obtained. The data collected by the multifunctional instrument 104 can be processed using artificial intelligence-based deep and reinforcement learning processing algorithms 242 to provide real-time and near-real time weather predictions, wind-aided navigation, turbulence predictions, and/or courses of action for use by an aircraft 100 carrying the multifunctional instrument 104, by other aircraft, or by other data consumers. Predictions and forecasts regarding measurements made using remote sensing instruments included in the multifunctional instrument 104 can be validated against measurements of actual conditions, for example as detected by other sensors or instruments, including but not limited to an accelerometer 220 or the perceptions of a pilot of the aircraft 100. Moreover, validation results can be used to refine the training and operation of the algorithm 242. In addition to providing information useful to ensuring a smooth and safe flight, prediction and measurements made by a multifunctional instrument 104 in accordance with embodiments of the present disclosure can aid in efficiency, for instance by assisting the aircraft 100 in locating altitudes at which favorable wind conditions are present.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to implement the air quality detection satellite and transmission to the balloon of Ponda. The motivation for doing so would have been to locate altitudes at which favorable wind conditions are present improving the flight/safety of the balloon, see Tucker [0058].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ponda in view of Tian, in further view of Surace et al., US 20210082295 A1 (Hereinafter “Surace”)
Regarding Claim 9, Ponda and Tian teach a digital twin simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose use of a satellite image to determine air quality at different altitudes. However, Surace teaches the following: wherein the data-analysis-based control further comprises: generating a dynamic geofence around the hot-air balloon based on flight direction and speed; air-gap conflict between the hot-air balloon and the another structure. Surace [0024] As another example, the vehicle management computer of aircraft 131b may predict, prior to take-off, that spatial restriction 122, caused by buildings, would hinder the direct flight path of aircraft 131b flying from hub 112 to hub 117, as depicted in FIG. 1. In response to that prediction, the vehicle management computer of aircraft 131b may generate a 4-D trajectory with a vehicle path that bypasses a 3-dimensional zone (e.g., zone including the location and the altitude) associated with those particular buildings. As yet another example, the vehicle management computer of aircraft 133b may predict, prior to take-off, that TFR 123, as well as some potential 4-D trajectories of another aircraft 132c, would hinder or conflict with the direct flight path of aircraft 133b, as depicted in FIG. 1. In response, the vehicle management computer of aircraft 133b may generate a 4-D trajectory with path and time coordinates that do not intersect either the 4-D coordinates of the TFR 123 or the 4-D trajectory of the other aircraft 132c. In this case, the TFR 123 and collision risk with another aircraft 132c are examples of dynamic factors which may or may not be in effect, depending on the scheduled time of travel, the effective times of TFR, and the path and schedule of the other aircraft 132c. As described in these examples, the 4-D trajectory derivation process, including any modification or re-negotiation, may be completed prior to take-off of the aircraft.”
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Ponda’s device with the digital twin modeling limitations disclosed in Tian with reasonable expectation of success. The motivation for doing so would have been to perform an analysis based on the landing zone data to determine whether an unsafe condition exists and based on the analysis, computing flight controls for the vehicle to continue the descent or modify the descent, see Surace [0005].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ponda in view of Tian, in further view of Surace.
Regarding Claim 10, Ponda and Tian teach a digital twin simulation/prediction of weather conditions that a balloon may encounter and then adjusts the flight path accordingly but does not explicitly disclose simulating a landing approach at different altitudes. However, Surace teaches the following: wherein the simulating further comprises simulating a landing site for the hot-air balloon, and the data-analysis-based control further comprises auto-adjusting a landing flight path of the hot-air balloon using the positioning system during descent of the hot-air balloon based on simulating the landing site. See Surace [0051], “The flight routing program 344 may determine or receive a planned flight path 340. The flight routing program 344 may receive the planned flight path 340 from another aircraft 131 or the cloud service 205 (or other service, such as an operating service of the aircraft 131). The flight routing program 344 may determine the planned flight path 340 using various planning algorithms (e.g., flight planning services on-board or off-board the aircraft 131), aircraft constraints (e.g., cruising speed, maximum speed, maximum/minimum altitude, maximum range, etc.) of the aircraft 131, and/or external constraints (e.g., restricted airspace, noise abatement zones, etc.). The planned/received flight path may include a 4-D trajectory of a flight trajectory with 4-D coordinates, a flight path based on waypoints, any suitable flight path for the aircraft 131, or any combination thereof, in accordance with the flight plan information 338 and/or the system vehicle information 336. The 4-D coordinates may include 3-D coordinates of space (e.g., latitude, longitude, and altitude) for a flight path and time coordinate.” And [0052], “The flight routing program 344 may determine an unplanned flight path 342 based on the planned flight path 340 and unplanned event triggers, and using the various planning algorithms, the aircraft constraints of the aircraft 131, and/or the external constraints. The vehicle management compute 302 may determine the unplanned event triggers based on data/information the vehicle management compute 302 receives from other vehicle systems or from the cloud service 205. The unplanned event triggers may include one or a combination of: (1) emergency landing, as indicated by the vehicle status/health program 352 discussed below or by a user input to one or more display(s) 304 and/or the pilot/user interface(s) 324; (2) intruder aircraft 230, cooperative object 330, or non-cooperative object 332 encroaching on a safe flight envelope of the aircraft 131; (3) weather changes indicated by the route weather information (or updates thereto); (4) the machine vision outputs indicating a portion of the physical environment may be or will be within the safe flight envelope of the aircraft 131; and/or (5) the machine vision outputs indicating a landing zone is obstructed.” + [0066] + [0093]-[0095] here teaches during the descent repositioning of the landing site based on detected
As both are in the same field of endeavor, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Ponda’s device with the digital twin modeling limitations disclosed in Tian with reasonable expectation of success. The motivation for doing so would have been to perform an analysis based on the landing zone data to determine whether an unsafe condition exists and based on the analysis, computing flight controls for the vehicle to continue the descent or modify the descent, see Surace [0005].
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and may be found on the accompanying PTO-892 Notice of References Cited:
US Publication US 20210101667 A1 by Ponda et al.
US Publication US 20210197966 A1 by Zhang et al.
US Publication US 20220171897 A1 by Ponda et al.
Chinese Publication CN-110068655-A by Wang et al.
Chinese Publication CN-114360099-A by Lu et al.
NPL, “Internet of Things in Tourism: A proposal of the information system for Cappadocia Hot-Air Ballooning”, Ibrahim Akin Ozen.
Conclusion
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/B.K.P./Examiner, Art Unit 3669 /KENNETH M DUNNE/Primary Examiner, Art Unit 3669
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