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 .
This listing of claims will replace all prior versions, and listings, of claims in the application:
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.
Claims 1-2, 4, 8,10-12, 17-20, 22-24, 26, 28,30, 34, 39, 44, 53, 59-60, 69, 72-75, 86, 140-143 are 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.
The term “slender” in claim 1 is a relative term which renders the claim indefinite. The term “slender” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What value of thickness qualifies as slender? What are the bounds of a slender material?
Claim 1 recites the limitation "the ground" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim limitation “holding mechanism” in claim 20 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. What structural element performs the function of holding? A clamp? A ball and socket? Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The remaining claims are rejected due to dependency from claim 1.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 4, 8,10-12, 17-20, 22, 24, 26, 28,30, 34, 39, 44, 59-60, 69, 72-74, 86, 140-142 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Head (US 2019/0160315).
Regarding claim 1, Head discloses a fire mitigation system deployable from a starting location to extend along a path, the system comprising:
a slender line (100A1) comprising at least one fluid conduit (aerial beam), the line elongated in a longitudinal direction and slender in a transverse direction (Figures 3 and 10A);
a plurality of fluid distribution devices (307) spaced apart along the fluid conduit (Figure 3);
a plurality of driver units (1002) distributed along a length of the line (Figure 10A), each of the driver units operable to move a respective portion of the line relative to the ground in a direction that is substantially along the path by actuating one or more ground contacting portions of the line (Figures 4 and 10A, Examiner’s Annotated Figure 1) (The limitation is interpreted as a recitation of intended use, and therefore afforded limited patentable weight; Paragraphs 39-42, The driver units cause the ground contacting portions to lift the line); and
controls (1005A) operable to control the driver units to move the line along the path by actuating the respective ground contacting portions of the line (Paragraph 64).
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Examiner’s Annotated Figure 1
Regarding claim 2, Head discloses the system according to claim 10, the line including a steering unit (1021A) operable to flex a respective local portion of the line laterally and/or in an up and down direction (The steering unit may inflate the line, or may move while the line is in deployment which would lead to flexing of the line).
Regarding claim 4, Head discloses the system according to claim 2 wherein the steering unit is a lead steer unit disposed on an end of the line distal to the starting location, the lead steer unit operable to direct the distal end of the line along the path as the driver units advance the line (Figure 10A, the steer unit may inflate or move the end of the line as the driver units advance the line).
Regarding claim 8, Head discloses a system according to claim 1 wherein:
the line (1001) includes at least one flexible non-extensible member (Paragraph 79, the ball in the ball and socket connection is interpreted as the member) (The member is not extendable and flexible, dependent upon the force exerted upon the ball) that extends longitudinally (Figure 26) and follows the path as the line is deployed (The member follows the path as the aerial vehicle deploys the line);
the line comprises a plurality of the ground contacting portions (Figure 3 including ball and socket of Figure 26), each of the ground contacting portions being coupled to move longitudinally along a corresponding one of the at least one flexible-non-extensible member (Figure 26, The jaw of the ground contacting portion moves longitudinally along the ball to secure the ball and socket connection); and each of the driver units comprises at least one actuator (Propeller) operable to move a corresponding one of the ground contacting portions longitudinally along the line relative to at least one other one of the ground contacting portions (The propeller is capable of moving the ground contacting portion along the line relative to another ground contacting portion).
Regarding claim 10, Head discloses the system according to claim 8, wherein the at least one flexible member is provided by at least one of the ground contacting portions (Figure 26).
Regarding claim 11, Head discloses the system according to claim 10 wherein the driver units and ground contacting portions are arranged so that the driver units are operable to:
hold one or more of the ground contacting portions stationary relative to the ground and one of the at least one flexible member, thereby resisting deviation from the path by the one of the at least one flexible member; and move one or more other ones of the ground contacting portions longitudinally along the line, wherein the one or more other ones of the ground contacting portions are guided to follow the path by the one of the at least one flexible member The driver units are capable of performing the claimed function, as they are able to move each portion independently).
Regarding claim 12, Head discloses the system according to claim 11, wherein the controls are configured to operate the driver units in a sequence, the sequence including steps of:
operating the driver units to hold a first set of one or more of the ground contacting portions stationary relative to the ground and to hold the conduit stationary relative to the first set of ground contacting portions while moving a second set of one or more of the ground contacting portions along the line (Paragraphs 40 and 55, The controls are capable of being used to perform the claimed function, as each aerial vehicle has independent control).
Regarding claim 17, Head discloses a system according to claim 10 wherein the plurality of ground contacting portions are arranged in a parallel side-by-side relationship along the line (Figure 10A), each ground contacting portion movable longitudinally relative to a respective laterally adjacent one of the ground contacting portions (The portions are capable of moving as claimed).
Regarding claim 18, Head discloses the system according to claim 17 wherein each of the ground contacting portions serves as the corresponding at least one flexible member for the laterally adjacent one of the ground contacting portions (Figure 26, each of the ground contacting portions are connected by adjacent ball and socket connections).
Regarding claim 19, Head discloses the system according to claim 18 wherein the driver units are operable to, in alternation:
move a first one of the laterally adjacent ground contacting portions in an axial direction while holding a second one of the laterally adjacent ground contacting portions stationary; and move the second one of the laterally adjacent ground contacting portions in the axial direction while holding the first one of the laterally adjacent ground contacting portions stationary (The units are capable of moving as claimed, as they are independently controlled).
Regarding claim 20, Head discloses a system according to claim 17 comprising a base (Paragraph 64; each uav includes a docking connection, which suggests a mating connection as the docking station) positionable at the starting location (the docking station and therefore mating connection may be driven to a desired location, including the starting location) from which the line is extendable (Figure 10A), the base comprising a holding mechanism operable to selectively hold a first one of the parallel side-by-side ground contacting portions against axial movement or to hold a second one of the parallel side-by-side ground contacting portions that is laterally adjacent to the first one of the parallel side-by-side ground contacting portions against axial movement (As best understood, once a UAV is connected to the mating connection by its holding mechanism, it may hold a UAV against lateral movement past a certain extent).
Regarding claim 22, Head discloses a system according to claim 20 wherein the base includes a launcher operable to advance or retract the proximal end of the line along the path (Paragraph 64, the base includes an inflator, that advances (extends) the beam by inflating the beam).
Regarding claim 24, Head discloses a system according to claim 20 wherein the system is configured to operate the holding mechanism to hold the first one of the parallel side-by- side ground contacting portions against axial movement while the driver units are moving the second one of the parallel side-by-side ground contacting portions and to operate the holding mechanism to hold the second one of the parallel side-by-side ground contacting portions against axial movement while the driver units are moving the first one of the parallel side-by-side ground contacting portions (The system is capable of performing the claimed function, as each of the units are independently operable).
Regarding claim 26, Head discloses a system according to claim 17 wherein each driver unit includes a remote actuator (Propeller) operable to longitudinally move at least one of the ground contacting portions relative to the respective laterally adjacent one of the ground contacting portions (The propeller is capable of performing the claimed function through independent movement of the uavs).
Regarding claim 28, Head discloses a system according to claim 17 wherein the line comprises a plurality of first cross members fixedly coupled to the first ground contacting portion and slidingly coupled to the second ground contacting portion (Examiner’s Annotated Figure 2, The members are fixingly connected to the ground contacting members by the sockets, and slidingly connected by the balls), and a plurality of second cross members fixedly coupled to the second ground contacting portion and slidingly coupled to the first ground contacting portion (Each contacting portion includes two cross members fixingly connected to the ground contacting members by the sockets, and slidingly connected by the balls) .
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Examiner’s Annotated Figure 2
Regarding claim 30, Head discloses the system according to claim 26 including one or more cross members, each of the cross members slidingly coupled to each of the first and second ground contacting portions (Examiner’s Annotated Figure 2, The members are fixingly connected to the ground contacting members connected by the balls of the ball and socket joint connections).
Regarding claim 34, Head discloses the system according to claim 26 wherein each of the driver units comprises a plurality of remote actuator units (propeller) that are pivotally connected longitudinally in series and are coupled between attachment points that are fixed relative to the first and second ground contacting portions, wherein the pivotal connections between the plurality of remote actuator units are slidingly guided relative to the line (The units pivot about the ball and socket joints, and coupled by sockets that are fixed to the contacting portions, and slidingly connected by balls of the ball and socket joints).
Regarding claim 39, Head discloses the system according to claim 1, comprising a controller (Hand controller) configured to operate the driver units in a sequence comprising a series of steps, wherein, in each of the steps one or more ground contacting portions is moved longitudinally relative to the ground by one or more of the driver units while one or more others of the ground contacting portions is held stationary relative to the ground (The controller is capable of performing the claimed function, as the units are individually operable).
Regarding claim 44, Head discloses a system according to claim 1 comprising a controller (hand controller) configured to control movement of the fluid conduit and/or the line to move the fluid distribution devices axially and/or with rotational movements (Paragraphs 40 and 55, The controls are capable of being used to perform the claimed function, as each aerial vehicle has independent control) while controlling valves to release fluid from selected ones of the fluid distribution devices (Column 4, lines 17-19, The device is capable of performing the function where fluid may be released from one or more of the distributors; The valving may be used to distributed from a selected number of the uavs).
Regarding claim 59, Head discloses the system according to claim 1 comprising a plurality of backstop mechanisms (Paragraph 79, ball and socket mechanisms) spaced apart along the line wherein the backstop mechanisms are each operable to resist motion of an associated ground contacting portion in a first longitudinal direction (The members prevent movement in a longitudinal direction when the ball and socket are connected) and permit movement of the associated ground contacting portion in in a second longitudinal direction opposite to the first longitudinal direction The members allow movement in a longitudinal direction when the ball and socket are disconnected).
Regarding claim 60, Head discloses the system according to claim 59 wherein the backstop mechanisms are configurable in a first mode which resists motion of an associated ground contacting portion in a reverse direction and permits free movement of the associated ground contacting portion in a forward direction and a second mode which resists motion of the associated ground contacting portion in the forward direction and permits free movement of the associated ground contacting portion in the reverse direction (Connection of the front ball and socket will allow movement in a forward direction by driver units to the front of the ball and socket, while preventing movement by driver units to the rear of the ball and socket; Connection of the rear ball and socket will prevent movement in a rear direction by forward direction driver units, while allowing movement in a rear direction by rear driver units).
Regarding claim 69, Head discloses the system according to claim 1 wherein the line includes one or more pipe torsion units distributed along the length of the line and operable to rotate a portion of the fluid conduit about a longitudinal axis (Paragraph 79, the ball and socket connection allows for the conduit to rotate).
Regarding claim 72, Head discloses a system according to claim 1, comprising a plurality of valves, each of the valves operable to block or allow flow of a fluid to a respective one or more of the plurality of spaced apart fluid distribution devices (The structure is suggested, as each of the distributors include structure to independently release fluid).
Regarding claim 73, Head discloses a system according to claim 72 wherein the controls are operable to control the valves to vary which ones of the fluid distribution devices allow flow of the fluid at any given time (Column 4, lines 17-19, The device is capable of performing the function where the controls may provide for fluid to e released from one or more of the distributors; The valving may be used to distributed from a selected number of the uavs).
Regarding claim 74, Head discloses the system according to claim 72 wherein the controls comprise an automated controller configured to control the valves to deliver fluid to each of plural groups of the fluid distribution devices intermittently (Paragraph 50 and Abstract, the device may include sensors for controlling dispensing; Column 4, lines 17-19, The fluid may be discharged as desired).
Regarding claim 86, Head discloses a system according to claim 1 wherein the line includes a plurality of fire detection sensor units distributed along the line, each fire detection sensor unit comprising one or more of a camera, an infrared camera, and a thermal sensor (Paragraph 38 and 54).
Regarding claim 140, Head discloses a system according to claim 1 wherein:
the plurality of ground contacting portions comprise first and second flexible ground contacting portions arranged to extend along at least a portion of the line in a parallel side- by-side relationship (Figure 3; The members extend vertically parallel in a side by side relationship), the first and second ground contacting portions being movable longitudinally relative to one another (The members are individually moveable by the uavs); and the system comprises a plurality of backstop mechanisms spaced apart along each of the first and second ground contacting portions, the backstop mechanisms each operable to engage with the ground to resist motion of a respective one of the first and second ground contacting portions in at least a reverse longitudinal direction (The ball and socket mechanisms are capable of engaging with the ground to resist motion).
Regarding claim 141, Head discloses a system according to claim 140 wherein the backstop mechanisms each comprise a member that carries a ground engaging element and is axially actuated to move between an engaged position and a disengaged position (The member includes a socket, which is interpreted as a ground engaging member, and is actuated to move between engagement and disengagement with the ball).
Regarding claim 142, Head discloses a system according to claim 1 comprising one or more actuators (propellers) operable to set orientations of one or more of the fluid distribution devices (The propellers are capable of controlling the orientation of the devices).
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, 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.
Claim(s) 53 is rejected under 35 U.S.C. 103 as being unpatentable over Head in view of Liu (US 10,364,029).
Regarding claim 53, Head discloses the system according to claim 1, but fails to disclose wherein the fluid conduit is supplied from a reel at the starting location.
Liu discloses a device wherein a uav is connected to a reel from a starting location (Column 2, lines 20-23).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Head with the disclosures of Liu, providing the conduit being supplied from a reel, as the configurations were known in the art before the effective filing date of the claimed invention, and the modification would have yielded predictable results, including provision of structure for disposition of the conduit for operation.
Allowable Subject Matter
Claims 23, 75 and 143 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R. DANDRIDGE whose telephone number is (571)270-1505. The examiner can normally be reached M-T 9am-7pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur O. Hall can be reached at (571)270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER R. DANDRIDGE
Primary Examiner
Art Unit 3752
/CHRISTOPHER R DANDRIDGE/Primary Examiner, Art Unit 3752
