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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “communication unit” and “communication management unit” in claims 1-6, 8, 10-12, 14, 15.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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.
Claims 16, 19 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Lewis et al. (U.S. Patent Number: 7,877,197).
Consider claim 16; Lewis discloses a method of operating a communication system, the method comprising:
communicating one of a downlink data communication message and an uplink data communication message between a vehicle (e.g. trajectory analyzer) and a first ground facility (e.g. AOC) using a first receiver/transmitter (col. 9, lines 3-8);
copying at least a portion of the communicated one of the downlink data communication message and the uplink data communication message (e.g. identified efficiency improvement opportunity) at the vehicle {to transmit the data to another entity, it is copied} (e.g. trajectory analyzer) (col. 9, lines 8-10); and
communicating the copied at least the portion of the communicated one of the downlink data communication message and the uplink data communication message (e.g. identified efficiency improvement opportunity) to at least a second ground facility (e.g. ATC) (col. 9, lines 8-10).
Consider claim 19; Lewis discloses routing the copied at least the portion of the communicated one of the downlink data communication message and the uplink data communication message (e.g. identified efficiency improvement opportunity) (col. 9, lines 3-8) is to be communicated to the at least one second ground facility (e.g. ATC) to a select second receiver/transmitter [the select receiver is associated with the ATC (col. 9, lines 8-10)].
Claim Rejections - 35 USC § 103
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 of this title, 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, 2, 4-9, 11-15, 17, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lewis et al. (U.S. Patent Number: 7,877,197) in view of Hale et al. (U.S. Patent Application Number: 2016/0093222).
Consider claim 1; Lewis discloses a vehicle communication system comprising:
at least one receiver/transmitter to receive and transmit data communication messages to at least a remote first ground facility (e.g. AOC) and a remote second ground facility (e.g. ATC) (col. 4, lines 22-24);
a communication unit (e.g. trajectory analyzer) in communication with the at least one receiver/transmitter (col. 4, lines 22-24), the communication unit configured to automatically copy at least portions of select types of the data communication messages (e.g. identified efficiency improvement opportunity) that are at least one of received from and transmitted to the first ground facility (e.g. AOC) (col. 9, lines 3-10); and
the communication unit configured to route the copy of the at least portions of the select types of the data communication messages (e.g. identified efficiency improvement opportunity) between the communication unit (e.g. trajectory analyzer) and one receiver/transmitter of the at least one receiver/transmitter where the copy of the at least portions of the select types of the data communication messages is transmitted to the second ground facility (e.g. ATC) (col. 9, lines 8-10) so the second ground facility (e.g. ATC) is aware of the data communication messages communicated between a vehicle (e.g. aircraft) that includes the vehicle communication system (col. 8, lines 26-29) and the first ground facility (e.g. AOC) (col. 9, lines 1-10). Lewis discloses the claimed invention except: the communication unit includes a router.
In an analogous art Hale discloses that it is well known in the field of art for a communication unit to include a router (par. 109, lines 16-18).
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Lewis by including a router, as taught by Hale, for the purpose of effectively providing services in a telecommunication network.
Consider claim 2, as applied in claim 1; Lewis discloses the communication unit is a communication management unit (CMU) (e.g. trajectory analyzer), the first ground facility is an air traffic controller (ATC) ground facility and the second ground facility is an airline operation center (AOC) ground facility (col. 9, lines 3-10).
Consider claim 4, as applied in claim 2; Lewis discloses including at least the select types of the data communication messages that are to be copied and sent to the AOC ground facility (col. 8, lines 51-59), the CMU (e.g. trajectory analyzer) configured to use the AOC in determining the select types of the data communication messages received from and transmitted to the ATC ground facility to copy (e.g. identified efficiency improvement opportunity) and transmit to the AOC ground facility (col. 8, lines 52-59; col. 9, lines 3-15). Lewis discloses the claimed invention except: an AOC database.
In an analogous art Hale discloses an AOC database (par. 65, lines 1-8).
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Lewis by including a database, as taught by Hale, for the purpose of effectively providing services in a telecommunication network.
Consider claim 5, as applied in claim 2; Lewis discloses the router is an addressing and reporting system (ACARS) router that is in communication with the CMU (e.g. trajectory analyzer) (col. 8, lines 52-59), the ACARS router configured to send and receive the data communication messages as datalink messages between the CMU (e.g. trajectory analyzer) and the first ground facility (e.g. AOC) and the second ground facility (e.g. ATC) (col. 8, lines 52-59; col. 9, lines 3-12).
Consider claim 6, as applied in claim 1; Lewis discloses a first type of communication (e.g. IP) is used to communicate the data communication messages between the communication unit and the first ground facility [e.g. AOC (col. 9, lines 3-8)] and a second type of communication (e.g. voice) is used to communicate the copy of the at least portions of the select types of the data communication messages (e.g. identified efficiency improvement opportunity) to the second ground facility [e.g. ATC (col. 9, lines 8-15)].
Consider claim 7, as applied in claim 6; Hale discloses the second type of communication is achieved through at least one of a satellite communication receiver/transmitter, a very high frequency (VHF) receiver/transmitter, a high frequency (HF) receiver/transmitter, a cellular communication receiver/transmitter (par. 168, lines 7-15), and a WiFi receiver/transmitter.
Consider claim 8; Lewis discloses a vehicle communication system comprising:
at least one receiver/transmitter to receive and transmit data communication messages to at least a remote first ground facility (e.g. AOC) and a remote second ground facility (e.g. ATC) (col. 4, lines 22-24);
a communication management unit (CMU) (e.g. trajectory analyzer) including inputs (col. 4, lines 22-24);
the inputs including information on at least select types of data communication messages that are to be copied (e.g. identified efficiency improvement opportunity) and sent to the one of the first ground facility (e.g. AOC) and the second ground facility (e.g. ATC) (col. 9, lines 3-10); and
the CMU (e.g. trajectory analyzer) is in communication with the at least one receiver/transmitter and the inputs (col. 4, lines 22-24), the CMU (e.g. trajectory analyzer) is configured to automatically copy at least portions of the select types of the data communication messages (e.g. identified efficiency improvement opportunity) that are at least one of received from and transmitted to the first ground facility (e.g. AOC) and indicated in the input as a select type of data communication message to be copied (col. 9, lines 3-10), the CMU (e.g. trajectory analyzer) further configured to transmit the copied at least portions of the select types of the data communication messages (e.g. identified efficiency improvement opportunity) that are received from and transmitted to the first ground facility (e.g. AOC) to the second ground facility so the second ground facility (e.g. ATC) is aware of the select types of the data communication messages communicated between a vehicle that includes the CMU (e.g. trajectory analyzer) and the first ground facility (e.g. AOC) (col. 9, lines 3-10). Lewis discloses the claimed invention except: a database.
In an analogous art Hale discloses that it is well known in the field of art for a communication management unit to include a database (par. 65, lines 1-8).
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Lewis by including a database, as taught by Hale, for the purpose of effectively providing services in a telecommunication network.
Consider claim 9, as applied in claim 8; Lewis discloses the first ground facility is an air traffic controller (ATC) ground facility and the second ground facility is an airline operation center (AOC) ground facility (col. 9, lines 3-10).
Consider claim 11, as applied in claim 9; Lewis discloses including at least the select types of the data communication messages that are to be copied (e.g. identified efficiency improvement opportunity) and sent to the AOC ground facility (col. 8, lines 51-59), the CMU (e.g. trajectory analyzer) configured to use the AOC in determining the select types of the data communication messages received from and transmitted to the ATC ground facility to copy (e.g. identified efficiency improvement opportunity) and transmit to the AOC ground facility (col. 8, lines 52-59; col. 9, lines 3-15). Lewis discloses the claimed invention except: an AOC database.
In an analogous art Hale discloses an AOC database (par. 65, lines 1-8).
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Lewis by including a database, as taught by Hale, for the purpose of effectively providing services in a telecommunication network.
Consider claim 12, as applied in claim 8; Lewis discloses a first type of communication (e.g. IP) is used to communicate the data communication messages between the communication unit and the first ground facility [e.g. AOC (col. 9, lines 3-8)] and a second type of communication (e.g. voice) is used to communicate the copy of the at least portions of the select types of the data communication messages (e.g. identified efficiency improvement opportunity) to the second ground facility [e.g. ATC (col. 9, lines 8-15)].
Consider claim 13, as applied in claim 12; Hale discloses the second type of communication is achieved through at least one of a satellite communication receiver/transmitter, a very high frequency (VHF) receiver/transmitter, a high frequency (HF) receiver/transmitter, a cellular communication receiver/transmitter (par. 168, lines 7-15), and a WiFi receiver/transmitter.
Consider claim 14, as applied in claim 8; Lewis discloses an addressing and reporting system (ACARS) router that is in communication with the CMU (e.g. trajectory analyzer) (col. 8, lines 52-59), the ACARS router configured to send and receive the data communication messages as datalink messages between the CMU (e.g. trajectory analyzer) and the first ground facility (e.g. AOC) and the second ground facility (e.g. ATC) (col. 8, lines 52-59; col. 9, lines 3-12).
Consider claim 15, as applied in claim 8; Hale discloses the CMU uses an aeronautical telecommunication network (ATN) protocol format in communicating the communication messages (par. 52, lines 12-20).
Consider claim 17, as applied in claim 16; Lewis discloses the copied at least the portion of the communicated one of the downlink data communication message and the uplink data communication message (e.g. identified efficiency improvement opportunity) (col. 9, lines 3-8) to identify the copied (e.g. identified efficiency improvement opportunity) at least the portion of the communicated one of the downlink data communication message and the uplink data communication message is to be communicated to the at least one second ground facility (e.g. ATC) (col. 9, lines 8-10). Lewis discloses the claimed invention except: encoding.
In an analogous art Hale discloses encoding (par. 87, lines 12-20).
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Lewis by including encoding, as taught by Hale, for the purpose of effectively providing services in a telecommunication network.
Consider claim 18, as applied in claim 17; Hale discloses the encoding includes using a header that identifies the at one second ground facility (par. 87, lines 1-4, 12-20).
Consider claim 20, as applied in claim 16; Lewis discloses the claimed invention except: storing the one of the downlink data communication message and the uplink data communication message in a datalink recorder.
In an analogous art Hale discloses storing the one of the downlink data communication message and the uplink data communication message in a datalink recorder [e.g. database (par. 52, lines 12-20; par. 65, lines 1-8)].
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Lewis by including a database, as taught by Hale, for the purpose of effectively providing services in a telecommunication network.
Claims 3, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lewis et al. (U.S. Patent Number: 7,877,197) in view of Hale et al. (U.S. Patent Application Number: 2016/0093222) in view of Schwindt (U.S. Patent Application Number: 2022/0343772).
Consider claim 3, as applied in claim 2; Lewis discloses the CMU is configured to forward the copy of the at least portions of the select types of the data communication messages (e.g. identified efficiency improvement opportunity) to the AOC ground facility (col. 9, lines 3-10). Lewis discloses the claimed invention except: to at least one of an electronic flight bag (EFB) and an aircraft interface device (AID) for transmission through the router.
In an analogous art Schwindt discloses to at least one of an electronic flight bag (EFB) and an aircraft interface device (AID) for transmission through the router [e.g. FMS (par. 11, lines 4-10; par. 12, lines 5-10)].
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. It is an object of Schwindt’s invention to provide a method involving flight plan. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Lewis and Hale by including EFB, as taught by Schwindt, for the purpose of managing communication in a data network.
Consider claim 10, as applied in claim 9; Lewis discloses the CMU is configured to forward the copy of the at least portions of the select types of the data communication messages (e.g. identified efficiency improvement opportunity) to the AOC ground facility (col. 9, lines 3-10). Lewis discloses the claimed invention except: to at least one of an electronic flight bag (EFB) and an aircraft interface device (AID) for transmission to the AOC ground facility.
In an analogous art Schwindt discloses to at least one of an electronic flight bag (EFB) and an aircraft interface device (AID) for transmission to the AOC ground facility [e.g. FMS (par. 12, lines 5-10)].
It is an object of Lewis’ invention to provide a method of aircraft traffic management. It is an object of Hale’s invention to provide a method for processing aircraft flight information. It is an object of Schwindt’s invention to provide a method involving flight plan. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Lewis and Hale by including EFB, as taught by Schwindt, for the purpose of managing communication in a data network.
Lorido and Bush are references that also disclose the inventive concept.
Conclusion
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Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Joel Ajayi whose telephone number is (571) 270-1091. The Examiner can normally be reached on Monday-Friday from 7:30am to 5:00pm.
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/JOEL AJAYI/
Primary Examiner, Art Unit 2646