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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 – 7 and 9 – 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1 recites that “the control unit is configured to operate in a flight mode operated by the user based on user instructions received via the interface, and in an autonomous flight mode operated by the control unit without the user instructions received from the interface”. Claim 1 also recites in a later part of the claim that “the control unit is configured to shift from the flight mode to the autonomous flight mode in response to receiving an instruction from the user via the interface”. The specification does not enable how the control unit can operate in the autonomous flight mode, which is expressly defined as being operated without using instructions received via the interface, while simultaneously responding to receiving an instruction from the user via the interface in order to shift from flight mode to the autonomous flight mode.
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 – 7 and 9 – 13 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.
Claim 1 recites that “the control unit is configured to operate in a flight mode operated by the user based on user instructions received via the interface, and in an autonomous flight mode operated by the control unit without the user instructions received from the interface”. Claim 1 also recites in a later part of the claim that “the control unit is configured to shift from the flight mode to the autonomous flight mode in response to receiving an instruction from the user via the interface”. These two recitations are contradictory because the autonomous flight mode is expressly defined as being operated without use instructions received via the interface, yet the claim also requires that the control unit transitions the device into autonomous flight mode by responding to receiving an instruction from the user via the interface. As a result, claim 1 simultaneously requires the autonomous flight mode to both exclude and rely upon user instructions received from the interface at some step during the transition between flight mode and autonomous flight mode. This renders the claim unclear as one of ordinary skill in the art would not reasonably understand whether user instructions received via the interface are required.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 – 7 and 9 – 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/VALENTINA XAVIER/Primary Examiner, Art Unit 3642