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 . 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 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.
Status of Claims
Claims 1-15 and 17-21 are pending and have been examined below.
Response to Arguments
Applicant's arguments with respect to 35 USC 112b have been considered and are persuasive. The rejections are withdrawn.
Applicant's arguments with respect to claims 1-15 and 17 under 35 USC 103 have been considered and are persuasive. The rejections are withdrawn.
Applicant’s arguments with respect to claim 18 under 35 USC 103 have been considered but are not persuasive.
Applicant asserts that the prior art does not disclose the use of two separate light energy sources to form targets during different light conditions of night and day. Examiner respectfully disagrees. Ross clearly discloses multiple light energy sources (Fig. 5, col. 14 lines 10-16 FIG. 9 are presented using ‘singular’ language, it should be understood that the system can be configured to read/receive operating parameters from multiple instruments, and that, e.g., at step 935, multiple projection systems can be activated or deactivated accordingly.). Additionally, Biferno clearly discloses forming targets from light sources during different light conditions of night and day (col. 4 lines 33-38 Alternatively, the light source can include multiple (clear, white, or colored) illuminating sources 36 for different daylight and nightime operations. The collimator system can further be compartmentized for the projection of specific or selected illumination of a desired beam or combination of beams of light., col. 4 lines 9-14 The colors of the projected light beams can alternatively be all white, or all one or a combination of different colors. The colored beams tend to be more visible during daylight cargo transfer operations, while white beams tend to be stronger and more visible during night operations.). Examiner therefore asserts that the prior art does, in combination, teach the claimed subject matter of claim 18. See prior art rejection of claim 18 for more details.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 USC 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 18 and 19 are rejected under 35 USC 103 as being unpatentable over US9567102 (“Ross”) in view of US5825305 (“Biferno”).
Claim 18
Ross discloses a method for visually designating unsafe ground area beneath an aircraft (Fig. 2a), the method comprising:
directing light energy from a first light energy source onto the ground area during a first time, said first light energy source positioned beneath an aircraft structure (Fig. 10: component 1000);
forming a first ground target region visible image perimeter with the first light energy source at the ground area (Fig. 10);
directing light energy from a second light energy source onto the ground area during a second time, said second light energy source positioned beneath the aircraft structure, wherein the second light energy source is separate from the first light energy source (Fig. 5, col. 14 lines 10-16 FIG. 9 are presented using ‘singular’ language, it should be understood that the system can be configured to read/receive operating parameters from multiple instruments, and that, e.g., at step 935, multiple projection systems can be activated or deactivated accordingly. Examiner notes that as Ross discloses at least one light energy source positioned beneath the aircraft structure (Fig. 10 component 1000) and indicates that multiple projection systems could be used, one of ordinary skill in the art would find that a second light projection system could be used and positioned beneath the aircraft structure);
forming a second ground target region visible image perimeter with the second light energy source at the ground area beneath the aircraft structure that is visible to a human eye in daylight (Fig. 5, col. 14 lines 10-16 FIG. 9 are presented using ‘singular’ language, it should be understood that the system can be configured to read/receive operating parameters from multiple instruments, and that, e.g., at step 935, multiple projection systems can be activated or deactivated accordingly., col. 16 lines 9-49 In such an embodiment, one or more optical components, e.g., a camera or video assembly can be configured to capture an image of the intended projected danger zone, e.g., projected warning image 300 on the tarmac in FIGS. 3-5. The image can then be analyzed by image analysis software to determine whether the warning image is adequately visible on the surface onto which it is projected. In one embodiment, the image analysis software can be configured to receive the intended projected warning image as a template file so that image analysis can be performed to find a match with the captured image. Next, the captured image can be analyzed to determine whether the warning image is sufficiently contrasted against the background, in this example, the tarmac. If not, the control module of the warning system can alter the projected warning image so that it is more visible, e.g., to be brighter, to be of different color or combination of colors, etc. In one embodiment, the control module can cycle through a variety of projection parameters, e.g., brightness, color, etc., where an image analysis is performed after each iteration to find the best visibility parameters, Fig. 5).
Ross fails to explicitly disclose wherein the first time is nighttime; wherein the second time is daylight; and wherein the light energy from the second light energy source is a higher intensity of light. However, Ross does disclose the ground target region visible image perimeter (Fig. 1). Furthermore, Biferno teaches a ground target region visible image perimeter projection system (col. 5 lines 8-15 Examples are "stay out" areas on the ground around the intakes and exhausts of the engines of the aircraft. Ground service personnel can readily see and avoid such caution areas. The safety device is as generally shown in FIG. 4 including at least one and preferrably an array of beams of light projected from a light source on the aircraft, and focused to identify the caution areas on the ground. Such light beams are typically red to indicate stop, hazard, or caution areas.), including:
wherein the first time is nighttime (col. 4 lines 33-38 Alternatively, the light source can include multiple (clear, white, or colored) illuminating sources 36 for different daylight and nightime operations. The collimator system can further be compartmentized for the projection of specific or selected illumination of a desired beam or combination of beams of light., col. 4 lines 9-14 The colors of the projected light beams can alternatively be all white, or all one or a combination of different colors. The colored beams tend to be more visible during daylight cargo transfer operations, while white beams tend to be stronger and more visible during night operations.);
wherein the second time is daylight (col. 4 lines 33-38 Alternatively, the light source can include multiple (clear, white, or colored) illuminating sources 36 for different daylight and nightime operations. The collimator system can further be compartmentized for the projection of specific or selected illumination of a desired beam or combination of beams of light., col. 4 lines 9-14 The colors of the projected light beams can alternatively be all white, or all one or a combination of different colors. The colored beams tend to be more visible during daylight cargo transfer operations, while white beams tend to be stronger and more visible during night operations.); and
wherein the light energy from the second light energy source is a higher intensity of light (col. 4 lines 33-38 Alternatively, the light source can include multiple (clear, white, or colored) illuminating sources 36 for different daylight and nightime operations. The collimator system can further be compartmentized for the projection of specific or selected illumination of a desired beam or combination of beams of light., col. 4 lines 9-14 The colors of the projected light beams can alternatively be all white, or all one or a combination of different colors. The colored beams tend to be more visible during daylight cargo transfer operations, while white beams tend to be stronger and more visible during night operations.).
Ross and Biferno both disclose systems to project a ground target region visible image perimeter outside of an aircraft. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Ross to include the teaching of Biferno with a reasonable expectation of success in order to ensure that the light indicators are properly visible based on time of day and thus sufficiently effective at notifying surrounding people.
Claim 19
Ross discloses:
altering an appearance of the ground target region visible image perimeter beneath the aircraft structure (col. 6 lines 25-35 Similarly, in this and other embodiments, the warning indicia elements can be dynamic; for example, elements can move to draw greater attention to the danger zone. For example, in this embodiment, the dashed line 110 can be projected such that it appears to move in a clockwise or counter-clockwise direction about the inner perimeter of the solid box 105, or flash on and off so as to attract attention to the injurious area., col. 16 lines 30-60 The image can then be analyzed by image analysis software to determine whether the warning image is adequately visible on the surface onto which it is projected. In one embodiment, the image analysis software can be configured to receive the intended projected warning image as a template file so that image analysis can be performed to find a match with the captured image. Next, the captured image can be analyzed to determine whether the warning image is sufficiently contrasted against the background, in this example, the tarmac. If not, the control module of the warning system can alter the projected warning image so that it is more visible, e.g., to be brighter, to be of different color or combination of colors, etc. In one embodiment, the control module can cycle through a variety of projection parameters, e.g., brightness, color, etc., where an image analysis is performed after each iteration to find the best visibility parameters., Figs 2a and 11).
Claim 20 is rejected under 35 USC 103 as being unpatentable over Ross in view of Biferno, in further view of US20250076040 (“Sandall”).
Claim 20
Ross discloses:
activating the light energy source while the aircraft is on the ground (Figs. 2, 4 and 5, col. 15 lines 15-20 Dashed lines emanating from the projection system 1000 illustrate projection of the warning image 1030 onto the tarmac on which the jet is resting); and
forming a moving ground target region visible image perimeter beneath the aircraft structure when the aircraft is in motion while at a location in contact with the ground (col. 6 lines 25-35 Similarly, in this and other embodiments, the warning indicia elements can be dynamic; for example, elements can move to draw greater attention to the danger zone. For example, in this embodiment, the dashed line 110 can be projected such that it appears to move in a clockwise or counter-clockwise direction about the inner perimeter of the solid box 105, or flash on and off so as to attract attention to the injurious area, col. 7 lines 20-35 In this and other embodiments, projected warning indicia can move along with the object it is being projected from. Keeping with the embodiment illustrated in FIG. 1, the relative position of the warning projection 100 with respect to the airplane can be kept substantially constant, whether the airplane is in motion or standing still. In one embodiment, the projected warning indicia can change depending on whether the object, in this example, the airplane, is in motion. For example, the warning indicia 100 illustrated in FIGS. 1 and 2 can be used while the airplane is at rest, but change to a different projected warning design if the airplane is in motion., Figs. 2a and 11. Examiner notes that Ross contemplates several scenarios during which the ground target region visible image perimeter is projected on the ground, including when the aircraft is in motion and in contact with the ground, thus clearly suggesting the claimed limitation of forming a moving ground target region visible image perimeter when the aircraft is in motion while at a location in contact with the ground).
Ross fails to disclose determining that the aircraft is in contact with the ground. However, Ross does disclose proximity sensors that detect the aircraft as being near to other objects (col. 14 lines 55-65 an audible alert tone can be generated if motion is detected within, or near a projected warning area. For example, referring back to FIGS. 1 and 2, motion or proximity sensors can be placed on the aircraft and configured to detect motion within the solid box 105.). Furthermore, Sandall teaches an aircraft control system, including wherein:
determining that the aircraft is in contact with the ground (0017 it is important that a pilot of an aircraft can accurately and readily determine when the wheels of the aircraft make contact with the ground in order to ensure prompt action to slow the aircraft on landing. The signal processing electronics being configured to detect that the aircraft wheels have made contact with the ground can help to ensure reliable and accurate determination of when the aircraft has landed., 0018).
Ross and Sandall both disclose aircraft sensing and control systems. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Ross to include the teaching of Sandall with a reasonable expectation of success in order to ensure that the aircraft is close enough to the ground such that the light projection is sufficiently noticeable to nearby people and thus sufficiently effective.
Allowable Subject Matter
Claims 1-15, 17 and 21 are allowed. The closest prior art of record are US9567102 (“Ross”) and US5825305 (“Biferno”), both of which disclose aircraft systems of projecting light onto a ground surface below or near the aircraft. However, the aforementioned claims recite subject matter directed towards at least the following subject matter: An apparatus for establishing a visible no-go traffic zone beneath an aircraft structure of an aircraft on the ground, said apparatus comprising: a light energy array positioned beneath the aircraft structure, said at least one light energy array comprising a first light energy source configured to deliver light energy having a lower intensity that is visible to a human eye at nighttime, and a second light energy source that is separate from the first light energy source and that is configured to deliver light energy with a higher intensity than the first light energy source to be visible to the human eye at both the nighttime and in daytime, said light energy array configured to direct the light energy from the light energy array downward toward the ground onto a ground target region located beneath the aircraft structure to form a ground target region visible image perimeter, said ground target region visible image perimeter located a selected distance from the light energy array, said light energy array configured to provide the ground target region visible image perimeter to be visible during the daytime and the nighttime; the light energy array configured to deliver a plurality of concentric rings that are visible within the ground target region visible image perimeter and with the concentric rings centered around a center point of the ground target region visible image perimeter and having a common shape as the ground target region visible image perimeter; a housing, said housing located in the underside of the aircraft structure, said housing configured to retain the first light energy source and the second light energy source in a selected position on the underside of the aircraft structure of an aircraft, said housing further configured to direct the light energy from said at least one of the first light energy source and the second light energy source downward to illuminate the ground target region; a power source in communication with the first light energy source and the second light energy source; and wherein said aircraft structure comprises at least one of an aircraft wing assembly, an aircraft winglet, an aircraft nose, an aircraft tail section, and an aircraft engine assembly, as well as a system for designating unsafe ground areas beneath an aircraft, said system comprising: a light energy array positioned beneath the aircraft structure, said at least one light energy array comprising a first light energy source that delivers a first beam of light energy that is visible during a low environmental light situation and a second light energy source that delivers a second beam of light energy that is more intense that is visible during a high environmental light situation said light energy array configured to direct light energy from the light energy array downward toward the ground onto a ground target region located substantially beneath the aircraft structure to form a ground target region visible image perimeter, said ground target region visible image perimeter visible to a human eye in daylight and said ground target region visible image perimeter further visible to the human eye at nighttime; a housing, said housing located in the underside of the aircraft structure, said housing configured to retain the first light energy source and the second light energy source in a selected position on the underside of the aircraft structure of an aircraft; a power source, said power source in communication with the first light energy source and the second light energy source; a controller, said controller in communication with at least one of the power source, the first light energy source, and the second light energy source; a sequencer, said sequencer in communication with at least one of the controller, the power source, and the second light energy source; and wherein the ground target region visible image perimeter comprises a circle that is centered around the light energy array. While relevant to the claims, the prior art does not provide sufficient disclosure, teaching or suggestion to adequately provide a basis for rejection of the claims under 35 USC 102 or 103 because a rejection based on the found prior art would only being made based on impermissible hindsight, hence the allowability of the claims. Examiner notes that amendment to the claims resulting in a change of scope may result in requirement of an updated search.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner KRISHNAN RAMESH whose telephone number is (571)272-6407. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/KRISHNAN RAMESH/
Primary Examiner, Art Unit 3663