Prosecution Insights
Last updated: August 15, 2026
Application No. 18/398,054

METHOD AND SYSTEM FOR WIND-OPTIMAL AIRSPEED TARGET AND AIRSPEED PREDICTIONS AT WAYPOINTS FOR USE IN FLIGHT MANAGEMENT SYSTEM (FMS)

Non-Final OA §112
Filed
Dec 27, 2023
Priority
Dec 29, 2022 — provisional 63/477,823
Examiner
KAN, YURI
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
National Aeronautics and Space Administration
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
924 granted / 1077 resolved
+33.8% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
20 currently pending
Career history
1090
Total Applications
across all art units

Statute-Specific Performance

§101
11.9%
-28.1% vs TC avg
§103
43.2%
+3.2% vs TC avg
§102
2.6%
-37.4% vs TC avg
§112
34.1%
-5.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1077 resolved cases

Office Action

§112
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 . DETAILED ACTION This action is responsive to the communications filed 12/27/2023 (claimed foreign priority date 12/29/2022): Claims 1-20 have been examined. Claims 1-6, 11-16 and 19-20 have been allowed. Legend: “Under BRI” = “under broadest reasonable interpretation;” “[Prior Art/Analogous/Non-Analogous Art Reference] discloses through the invention” means “See/read entire document;” Paragraph [No..] = e.g., Para [0005] = paragraph 5; P = page, e.g., p4 = page 4; C = column, e.g. c3 = column 3; L = line, e.g., l25 = line 25; l25-36 = lines 25 through 36. Specification 1. The disclosure is objected to because of the following informalities: it is recommended to amend the specification as the following: [0010] Some aspects may further include creating a wind-optimal airspeed value look-up table as a function of aircraft type, and a wind magnitude and a wind direction relative to a planned segment of the flight plan associated with a waypoint, and a flight altitude, and incorporating the wind-optimal airspeed value look-up table to the PDB using RTCA DO-200 or a suitable process. In some aspects, generating the predicted wind-optimal airspeed value for each of the identified sequence of waypoints may include generating values that estimate an airspeed at each waypoint based on the following parameters a forecasted wind condition, the sensed wind condition, aircraft performance data, and the flight plan. Appropriate correction is required. Claim Rejections - 35 USC § 112 1. 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. 1.1 Claims 7-10 and 17-18 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. 1.1.1 Claims 7, 9 and 17-18 recite the limitation "the wind magnitude and the wind direction" in the bodies of the claims. There is insufficient antecedent basis for this limitation in the claims. 1.1.2 Claims 7, 9 and 17-18 recite the limitation "the wind magnitude and the wind direction," which is unclear whether these are "the wind magnitude and the wind direction" that are relative to a current segment of a flight plan, in accordance with claims 1 and 11 that claims 7, 9 and 17-18 directly depend on correspondingly, OR these are "the wind magnitude and the wind direction" that are relative to a planned segment of the flight plan, in accordance with claims 2 and 12 that also directly depend on claims 1 and 11 correspondingly, OR these are "the wind magnitude and the wind direction" that are relative to both current segment of a flight plan of claims 1 and 11 and planned segment of the flight plan of claims 2 and 12, OR what, OR how, which renders the claims indefinite. Clarification is required. For the purpose of this examination, in view of the specification, and under BRI, the Examiner will interpret that the claimed, in claims 7, 9 and 17-18, "the wind magnitude and the wind direction" are wind magnitude and wind direction relative to a current segment of a flight plan, in accordance with claims 1 and 11 that claims 7, 9 and 17-18 directly depend on correspondingly. 1.1.3 Claims 8 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, because of their corresponding dependencies on rejected dependent claims 7 and 9, and for failing to cure the deficiencies listed above. ALLOWABLE SUBJECT MATTER The following is an examiner’s statement of reasons for allowance, in regard to claims 1-6, 8, 10-16 and 19-20 ONLY: In regard to claims 1-6, 8, 10-16 and 19-20 ONLY, in performing initial search, the Examiner was able to find the closest prior art of record, which is WYATT (CN109491399A) taken either individually or in combination with other prior art of VILLAUME (FR2931983A1), BALASKOVIC (ES2629480T3) and GRIFFIN (EP1400884A1), who describe an aircraft flight control system and method; the system that provides the received inertial data, control module of sensor data and target airspeed; control module to evaluate the energy state of the aircraft using an aircraft thrust and resistance model to process the received data; based on the energy state of the aircraft, the control module that determines (i) a target airspeed at maximum thrust limit of the maximum prediction potential flight path maximum-PPFP, and (ii) an idle thrust at the target airspeed limits of idling predicted potential flight path, and "idle PPFP;" control module that generates a display command for displaying system to display (i) the flight path angle, (ii) a maximum PPFP and (iii) racing PPFP; when the FPA during idling over the maximum PPFP or PPFP below the control module that generates and displays the predicted flight path speed indicator (PFPS). In regards to claims 1-6, 8, 10-16 and 19-20 ONLY, WYATT (CN109491399A) taken either individually or in combination with other prior art of record fail to teach or render obvious the following feature(s) / limitation(s): adjusting an operational parameter of the aircraft by sending the active airspeed target value to the automatic flight control system (AFCS), mode control panel (MCP), or pilot based on a level of automation in the aircraft. RELEVANT PRIOR ART THAT WAS CITED BUT NOT APPLIED The following relevant prior art references that were found, by the Examiner while performing initial and/or additional search, cited but not applied: Ho (US20220035367) – (see entire Ho document, particularly abstract – teaching systems and methods that include computing system configured to coordinate more than one remotely operated vehicle using level of automation determination and assignments; the method for coordinating a plurality of drones that includes using a computer with a processor and a memory in communication with the plurality of drones, and a candidate problem resolver for retrieving a candidate resolution from a data storage, and sending the retrieved candidate resolution to a candidate resolution states predictor). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner YURI KAN, P.E., whose phone number is 571- 270-3978. The examiner can normally be reached on Monday – Friday. If attempts to reach the examiner by phone are unsuccessful, you may contact the examiner's supervisor, Mr. Jelani Smith, who can be reached on 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /YURI KAN, P.E./Primary Examiner, Art Unit 3662
Read full office action

Prosecution Timeline

Dec 27, 2023
Application Filed
Jul 31, 2025
Non-Final Rejection mailed — §112
Feb 09, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12704858
DRIVING ROUTE GENERATION METHOD AND SYSTEM
2y 6m to grant Granted Aug 11, 2026
Patent 12703452
METHOD FOR DETERMINING A SUITABLE CURVE SPEED FOR VEHICLES, DEVICE FOR PERFORMING SAID METHOD, AND USE THEREOF
1y 7m to grant Granted Aug 11, 2026
Patent 12698619
METHOD AND SYSTEM OF CONFIGURING A MACHINE CONTROL UNIT OF A CONSTRUCTION MACHINE
2y 11m to grant Granted Aug 04, 2026
Patent 12699407
ELECTRONIC APPARATUS FOR IDENTIFYING AN OPERATING STATE OF A ROBOT DEVICE AND CONTROLLING METHOD THEREOF
2y 8m to grant Granted Aug 04, 2026
Patent 12691784
SYSTEM FOR MONITORING ENERGY CAPABILITY OF AN ELECTRIC AIRCRAFT AND OUTPUTTING WARNING MESSAGES
3y 1m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
98%
With Interview (+12.3%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1077 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month