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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/1/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1: Claims 1-20 are directed to statutory categories, namely a machine (claims 1-10), a process (claims 11-19) and an article of manufacture (claim 20).
Step 2A, Prong 1: Claims 1, 11 and 20 in part, recite the following abstract idea:
…configured to: determine an average holding time in relation to an arrival airport where an aircraft is scheduled to arrive; and determine one or more different schedule options for the aircraft based on the average holding time, wherein the one or more different schedule options differ in at least one respect from an original schedule [Claim 1],
…A method comprising: determining, by…, an average holding time in relation to an arrival airport where an aircraft is scheduled to arrive; and determining, by the control unit, one or more different schedule options for the aircraft based on the average holding time, wherein the one or more different schedule options differ in at least one respect from an original schedule [Claim 11],
…to perform operations comprising: determining an average holding time in relation to an arrival airport where an aircraft is scheduled to arrive; determining one or more different schedule options for the aircraft based on the average holding time, wherein the one or more different schedule options differ in at least one respect from an original schedule; presenting the one or more different schedule options on a display of the aircraft; determining one or more alterations to one or more aspects of the aircraft during flight based on the average holding time; and presenting one or more indicators on a display, wherein the one or more indicators show the one or more alterations [Claim 20].
These concepts are not meaningfully different than the following concepts identified by the MPEP:
Concepts relating to certain methods of organizing human activity. The aforementioned limitations describe steps for managing personal behavior or relationships or interactions between people, including social activities, teaching, and following rules or instructions. Specifically, determining scheduling options for an aircraft based on average holding times at an airport is considered to be steps for managing interactions between people. As such, claims 1, 11 and 20 recite concepts identified as abstract ideas.
The dependent claims recite limitations relative to the independent claims, including, for example:
…wherein the aircraft is operated according to the one or more different schedule options [Claim 2],
…further comprising …including a display, wherein the control unit is configured to present the one or more different schedule options on the display [Claim 3],
…wherein … is onboard the aircraft [Claim 4],
…wherein … is further configured to automatically select the one or more different schedule options for the aircraft [Claim 5].
The limitations of these dependent claims are merely narrowing the abstract idea identified in the independent claims, and thus, the dependent claims also recite abstract ideas.
Step 2A, Prong 2: This judicial exception is not integrated into a practical application. In particular, claims 1, 11 and 20 only recite the following additional elements –
A system comprising: a control unit… [Claim 1],
…a control unit…; …the control unit… [Claim 11],
A non-transitory computer-readable storage medium comprising executable instructions that, in response to execution, cause one or more control units comprising a processor…
The dependent claims recite the following new additional elements
… a user interface… [Claim 3],
….an artificial intelligence or machine learning system [Claim 10].
The apparatus and executable instructions are recited at a high-level of generality (see MPEP § 2106.05(a)), like the following MPEP example:
iii. Gathering and analyzing information using conventional techniques and displaying the result, TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48;
Furthermore, the computer implemented element is considered to amount to no more than mere instructions to apply the exception using a generic computer component (see MPEP 2106.05(f)), like the following MPEP example:
i. A commonplace business method or mathematical algorithm being applied on a general purpose computer, Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 U.S. 208, 223, 110 USPQ2d 1976, 1983 (2014); Gottschalk v. Benson, 409 U.S. 63, 64, 175 USPQ 673, 674 (1972); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015);
Accordingly, these additional elements do not integrate the abstract idea into a practical application.
The remaining dependent claims do not recite any new additional elements, and thus do not integrate the abstract idea into a practical application.
Step 2B: Claims 1, 11 and 20 and their underlying limitations, steps, features and terms, considered both individually and as a whole, do not include additional elements that are sufficient to amount to significantly more than the judicial exception for the following reasons:
Independent claims 1, 11 and 20 only recite the following additional elements –
A system comprising: a control unit… [Claim 1],
…a control unit…; …the control unit… [Claim 11],
A non-transitory computer-readable storage medium comprising executable instructions that, in response to execution, cause one or more control units comprising a processor… [Claim 20].
These elements do not amount to significantly more than the abstract idea for the reasons discussed in 2A prong 2 with regard to MPEP 2106.05(a) and MPEP 2106.05(f). By the failure of the elements to integrate the abstract idea into a practical application there, the additional elements likewise fail to amount to an inventive concept that is significantly more than an abstract idea here, in Step 2B.
As such, both individually or in combination, these limitations do not add significantly more to the judicial exception.
The remaining dependent claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the dependent claims do not recite any new additional elements other than those mentioned in the independent claims, which amount to no more than mere instructions to apply the exception using a generic computer component (see MPEP 2106.05(f)). As such, these claims are not patent eligible.
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 (i.e., changing from AIA to pre-AIA ) 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sharma, U.S. Publication No. 2018/0107227 [hereinafter Sharma].
Regarding Claim 1, Sharma anticipates …A system comprising: a control unit configured to: determine an average holding time in relation to an arrival airport where an aircraft is scheduled to arrive (Sharma, ¶ 45, FIG. 2 is a block diagram depicting example input data sources for determining the holding time and revised speed advisory for an aircraft. The input data sources may provide real-time data associated with the aircrafts in and around the airport, the real-time weather information at the airport, runway unavailability at the airport, and historical data to a ground-based system 200. For example, the ATC 202, ADS-B 204, aircraft sensors 206, and/or radar 208 may provide real-time data associated with the aircrafts in and around the airport. MET 210, ATC 202, and aircraft sensors 206 may provide real-time weather related information at the airport. NOTAM 212 may provide runway unavailability information at the airport. Navigation charts 214, historical database 216, airline information 218 and airport information 220 may provide pre-stored historical data such as schedule, approach, departure information, and arrival route (e.g., STAR) of the aircrafts flying in and out of the airport, historical data associated with weather related disturbances, and/or historical data associated with runway unavailability. Other data sources 222 can provide information related to holiday data, trade fairs, airshows, and flooding at the airports), (Id., ¶ 68, a holding time for one aircraft is determined as seen by the ADS-B receiver in the ATC airspace. Determine a moving average of the holding time (discloses determining an average holding time) if there is more than one aircraft. [0069] 7. Cross check for weather (e.g., bad visibility and rain) from METAR weather report and/or any available weather information reported by aircrafts (e.g., ADS-B/AMDAR (aircraft meteorological data relay)) to check for persistence. [0070] 8. The average delay seen during a particular time/event for the aircraft on same STAR route is what needs to be compensated for the trailing aircraft to prevent wasting time and fuel, and time/speed compensation reduction may be transmitted into the flight plan modification for the trailing aircraft. This can be performed either on-board of an aircraft (e.g., using flight management system, tablet or ipad) or can be calculated and transmitted to the aircraft from a ground-based computer. [0071] 9. The average time of hold may be used to calculate a new speed for the aircraft on the same STAR route behind holding aircraft, i.e., saving fuel in descent and also saving fuel and time spent in holding pattern), (Id., ¶ 80, The flight management system 522 may consist of a computer unit (discloses control unit) and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like);
and determine one or more different schedule options for the aircraft based on the average holding time, wherein the one or more different schedule options differ in at least one respect from an original schedule (Id., ¶ 91, The aircraft speed recommending engine 518 may determine whether the revised speed advisory can be flown taking into account real-time traffic substantially around the aircraft 510 for safety separation and send the revised speed advisory to the flight management system 522 on-board the aircraft 510 based on the determination, i.e., when there is no obstruction in a flight path associated with the aircraft 510. In another example, the revised speed advisory and/or trajectory of the aircraft 510 may be negotiated with ATC considering adjacent aircraft intent/plans and revised speed advisory or trajectory may be sent to the aircraft's flight management system 522 to fly at the revised speed to avoid the congestion upon accepting the revised speed advisory by the pilot. In one example, when ATC/other aircraft clearances permit, the revised speed advisory may be provided into flight management system 522 to fly the aircraft 510 based on the revised speed advisory), (Id., ¶ 93, In one example, the revised speed advisory can be accepted by a pilot flying the aircraft 510 to arrive at the congested airspace slower and burn less fuel at a lower throttle setting. Further, a long period of circling by entering the congested airspace at an original speed, can be avoided, as previous aircrafts would have been cleared due to time added to an arrival time of the aircraft 510 (discloses determining different schedule options based on an average holding time). In some examples, the aircraft 510 can fly faster to reach the airport before congestion increases (e.g., to avoid significant circling) when the situation is predicted to worsen (e.g., local weather/visibility conditions likely to worsen making landing difficult and/or many scheduled arrivals during or after that time). Conditions of the airspace around the airport can be tracked at regular intervals of time to assess the congestion and to further revise speed advisory, if needed), (Id., ¶ 80, The flight management system 522 may consist of a computer unit (discloses control unit) and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like).
Regarding Claim 2, Sharma anticipates …The system of claim 1…
Sharma further anticipates …wherein the aircraft is operated according to the one or more different schedule options (Id., ¶ 92, The flight management system 522 on-board the aircraft 510 may control a speed of the aircraft 510 based on the revised speed advisory towards an end of a cruise phase and/or during a descent phase. The revised speed advisory may include an instruction to either reduce the aircraft speed, or increase the aircraft speed to avoid congestion. For example, the speed of the aircraft 510 is reduced to absorb at least some part of the holding time of the aircraft 510 by saving fuel. Alternately, the speed of the aircraft 510 can be increased to reach the airport before congestion increases, thereby saving flight time).
Regarding Claim 3, Sharma anticipates …The system of claim 1…
Sharma further anticipates …further comprising a user interface including a display, wherein the control unit is configured to present the one or more different schedule options on the display (Id., ¶ 79, FIG. 5 is a block diagram of an example system for determining a revised speed advisory on-board an aircraft 510 based on holding time. The system includes the aircraft 510, a ground-based system 500, and a historical database 502. The aircraft 510 may be communicatively connected to the ground-based system 500 via a communication link 520. The aircraft 510 may include an on-board computing system 512 (e.g., flight performance and navigation computer) and a flight management system 522. The flight management system 522 may provide the primary navigation, flight planning, optimized route determination and en route guidance for the aircraft 510 and may include interrelated functions such as navigation, flight planning, trajectory prediction, performance computations, and/or guidance), (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like).
Regarding Claim 4, Sharma anticipates …The system of claim 3…
Sharma further anticipates …wherein the user interface is onboard the aircraft (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 (discloses onboard interface) may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like).
Regarding Claim 5, Sharma anticipates …The system of claim 1…
Sharma further anticipates …wherein the control unit is further configured to automatically select the one or more different schedule options for the aircraft (Id., ¶ 19, Furthermore, the holding time may be communicated to an on-board computing system of the aircraft via a ground to air communication link. Furthermore, when holding is detected in that route, a revised speed advisory for the aircraft may be determined based on the holding time by a speed recommending engine residing in memory of the on-board computing system. The revised speed advisory is communicated to a flight management system on-board the aircraft. Furthermore, a speed of the aircraft is controlled based on the revised speed advisory by the flight management system. The speed of the aircraft is controlled based on the revised speed advisory taking into account the surrounding aircraft spacing for safety separation using ADS-B positions), (Id., ¶ 20, In another example, an aircraft that is approaching an airport for landing may include an on-board computing system and a flight management system communicatively coupled to the on-board computing system. The on-board computing system may include a processor, and memory coupled to the processor. The memory may include an aircraft speed recommending engine to obtain a holding time associated with the aircraft that is approaching the airport for landing from at least one ground-based system via a ground to air communication link and determine a revised speed advisory for the aircraft based on the holding time. The flight management system may modify a speed of the aircraft based on the revised speed advisory), (Id., ¶ 21, In yet another example, an aircraft that is approaching an airport for landing may include an on-board computing system. The on-board computing system may include a speed recommending engine to obtain real time data associated with aircrafts in vicinity of the aircraft and the airport using ADS-B transmission from the aircrafts. Further, the aircraft speed recommending engine may obtain real time weather information at the airport using at least one of the ADS-B transmission from the aircrafts and a ground to air communication link from at least one ground-based system. The speed recommending engine may obtain runway unavailability at the airport from at least one ground-based system via a ground to air communication link. The speed recommending engine may measure a holding time associated with the aircraft that is approaching the airport for landing based on the analysis of the real-time data associated with the aircrafts, the real-time weather information and/or the runway unavailability. The speed recommending engine may determine a revised speed advisory for the aircraft based on the holding time. Further, the flight management system may modify a speed of the aircraft based on the revised speed advisory).
Regarding Claim 6, Sharma anticipates …The system of claim 1…
Sharma further anticipates …wherein the control unit is further configured to automatically operate the aircraft according to the one or more different schedule options (Id., ¶ 19, Furthermore, the holding time may be communicated to an on-board computing system of the aircraft via a ground to air communication link. Furthermore, when holding is detected in that route, a revised speed advisory for the aircraft may be determined based on the holding time by a speed recommending engine residing in memory of the on-board computing system. The revised speed advisory is communicated to a flight management system on-board the aircraft. Furthermore, a speed of the aircraft is controlled based on the revised speed advisory by the flight management system. The speed of the aircraft is controlled based on the revised speed advisory taking into account the surrounding aircraft spacing for safety separation using ADS-B positions), (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like).
Regarding Claim 7, Sharma anticipates …The system of claim 1…
Sharma further anticipates …wherein the control unit is further configured to determine one or more alterations to one or more aspects of the aircraft during flight based on the average holding time (Id., ¶ 19, Furthermore, the holding time may be communicated to an on-board computing system of the aircraft via a ground to air communication link. Furthermore, when holding is detected in that route, a revised speed advisory for the aircraft may be determined based on the holding time by a speed recommending engine residing in memory of the on-board computing system. The revised speed advisory is communicated to a flight management system on-board the aircraft. Furthermore, a speed of the aircraft is controlled based on the revised speed advisory by the flight management system. The speed of the aircraft is controlled based on the revised speed advisory taking into account the surrounding aircraft spacing for safety separation using ADS-B positions), (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like).
Regarding Claim 8, Sharma anticipates …The system of claim 7…
Sharma further anticipates … wherein the one or more aspects comprise airspeed (Id., ¶ 19, Furthermore, the holding time may be communicated to an on-board computing system of the aircraft via a ground to air communication link. Furthermore, when holding is detected in that route, a revised speed advisory for the aircraft may be determined based on the holding time by a speed recommending engine residing in memory of the on-board computing system. The revised speed advisory is communicated to a flight management system on-board the aircraft. Furthermore, a speed of the aircraft is controlled based on the revised speed advisory by the flight management system. The speed of the aircraft is controlled based on the revised speed advisory taking into account the surrounding aircraft spacing for safety separation using ADS-B positions), (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like).
Regarding Claim 9, Sharma anticipates …The system of claim 7…
Sharma further anticipates …wherein the control unit is further configured to present one or more indicators on a display, wherein the one or more indicators show the one or more alterations (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. (discloses display) The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like), (Id., ¶ 73, In one example, the revised speed advisory may be sent to the flight navigation and performance computer on-board the aircraft by determining whether the revised speed advisory can be flown taking into account real-time traffic substantially around the aircraft for safety separation and sending the revised speed advisory to the flight navigation and performance computer on-board the aircraft when there is no obstruction in a flight path associated with the aircraft. The speed of the aircraft may be controlled towards an end of a cruise phase and/or during a descent phase).
Regarding Claim 11, Sharma anticipates …A method comprising: determining, by a control unit, an average holding time in relation to an arrival airport where an aircraft is scheduled to arrive (Sharma, ¶ 45, FIG. 2 is a block diagram depicting example input data sources for determining the holding time and revised speed advisory for an aircraft. The input data sources may provide real-time data associated with the aircrafts in and around the airport, the real-time weather information at the airport, runway unavailability at the airport, and historical data to a ground-based system 200. For example, the ATC 202, ADS-B 204, aircraft sensors 206, and/or radar 208 may provide real-time data associated with the aircrafts in and around the airport. MET 210, ATC 202, and aircraft sensors 206 may provide real-time weather related information at the airport. NOTAM 212 may provide runway unavailability information at the airport. Navigation charts 214, historical database 216, airline information 218 and airport information 220 may provide pre-stored historical data such as schedule, approach, departure information, and arrival route (e.g., STAR) of the aircrafts flying in and out of the airport, historical data associated with weather related disturbances, and/or historical data associated with runway unavailability. Other data sources 222 can provide information related to holiday data, trade fairs, airshows, and flooding at the airports), (Id., ¶ 68, a holding time for one aircraft is determined as seen by the ADS-B receiver in the ATC airspace. Determine a moving average of the holding time (discloses determining an average holding time) if there is more than one aircraft. [0069] 7. Cross check for weather (e.g., bad visibility and rain) from METAR weather report and/or any available weather information reported by aircrafts (e.g., ADS-B/AMDAR (aircraft meteorological data relay)) to check for persistence. [0070] 8. The average delay seen during a particular time/event for the aircraft on same STAR route is what needs to be compensated for the trailing aircraft to prevent wasting time and fuel, and time/speed compensation reduction may be transmitted into the flight plan modification for the trailing aircraft. This can be performed either on-board of an aircraft (e.g., using flight management system, tablet or ipad) or can be calculated and transmitted to the aircraft from a ground-based computer. [0071] 9. The average time of hold may be used to calculate a new speed for the aircraft on the same STAR route behind holding aircraft, i.e., saving fuel in descent and also saving fuel and time spent in holding pattern), (Id., ¶ 80, The flight management system 522 may consist of a computer unit (discloses control unit) and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like);
and determining, by the control unit, one or more different schedule options for the aircraft based on the average holding time, wherein the one or more different schedule options differ in at least one respect from an original schedule (Id., ¶ 91, The aircraft speed recommending engine 518 may determine whether the revised speed advisory can be flown taking into account real-time traffic substantially around the aircraft 510 for safety separation and send the revised speed advisory to the flight management system 522 on-board the aircraft 510 based on the determination, i.e., when there is no obstruction in a flight path associated with the aircraft 510. In another example, the revised speed advisory and/or trajectory of the aircraft 510 may be negotiated with ATC considering adjacent aircraft intent/plans and revised speed advisory or trajectory may be sent to the aircraft's flight management system 522 to fly at the revised speed to avoid the congestion upon accepting the revised speed advisory by the pilot. In one example, when ATC/other aircraft clearances permit, the revised speed advisory may be provided into flight management system 522 to fly the aircraft 510 based on the revised speed advisory), (Id., ¶ 93, In one example, the revised speed advisory can be accepted by a pilot flying the aircraft 510 to arrive at the congested airspace slower and burn less fuel at a lower throttle setting. Further, a long period of circling by entering the congested airspace at an original speed, can be avoided, as previous aircrafts would have been cleared due to time added to an arrival time of the aircraft 510 (discloses determining different schedule options based on an average holding time). In some examples, the aircraft 510 can fly faster to reach the airport before congestion increases (e.g., to avoid significant circling) when the situation is predicted to worsen (e.g., local weather/visibility conditions likely to worsen making landing difficult and/or many scheduled arrivals during or after that time). Conditions of the airspace around the airport can be tracked at regular intervals of time to assess the congestion and to further revise speed advisory, if needed), (Id., ¶ 80, The flight management system 522 may consist of a computer unit (discloses control unit) and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like).
Regarding Claims 12-19, these claims recite limitations substantially similar to those in claims 2-9, respectively, and are rejected for the same reasons as stated above.
Regarding Claim 20, Sharma anticipates …A non-transitory computer-readable storage medium comprising executable instructions that, in response to execution, cause one or more control units comprising a processor, to perform operations comprising: determining an average holding time in relation to an arrival airport where an aircraft is scheduled to arrive (Sharma, ¶ 28, a non-transitory machine-readable storage medium comprising instructions executable by a processor of a computing device to: obtain real-time data associated with aircrafts in and around an airport, real-time weather information and/or runway unavailability at the airport; analyze the real-time data associated with the aircrafts, the real-time weather information and/or runway unavailability; measure a holding time associated with an aircraft that is approaching the airport for landing based on the analysis of the real-time data associated with the aircrafts, the real-time weather information and/or the runway unavailability; determine a revised speed advisory for the aircraft based on the holding time; and recommend the revised speed advisory to a flight performance and navigation computer and/or a flight management system on-board the aircraft, wherein a speed of the aircraft is controlled based on the revised speed advisory), (Id., ¶ 45, FIG. 2 is a block diagram depicting example input data sources for determining the holding time and revised speed advisory for an aircraft. The input data sources may provide real-time data associated with the aircrafts in and around the airport, the real-time weather information at the airport, runway unavailability at the airport, and historical data to a ground-based system 200. For example, the ATC 202, ADS-B 204, aircraft sensors 206, and/or radar 208 may provide real-time data associated with the aircrafts in and around the airport. MET 210, ATC 202, and aircraft sensors 206 may provide real-time weather related information at the airport. NOTAM 212 may provide runway unavailability information at the airport. Navigation charts 214, historical database 216, airline information 218 and airport information 220 may provide pre-stored historical data such as schedule, approach, departure information, and arrival route (e.g., STAR) of the aircrafts flying in and out of the airport, historical data associated with weather related disturbances, and/or historical data associated with runway unavailability. Other data sources 222 can provide information related to holiday data, trade fairs, airshows, and flooding at the airports), (Id., ¶ 68, a holding time for one aircraft is determined as seen by the ADS-B receiver in the ATC airspace. Determine a moving average of the holding time (discloses determining an average holding time) if there is more than one aircraft. [0069] 7. Cross check for weather (e.g., bad visibility and rain) from METAR weather report and/or any available weather information reported by aircrafts (e.g., ADS-B/AMDAR (aircraft meteorological data relay)) to check for persistence. [0070] 8. The average delay seen during a particular time/event for the aircraft on same STAR route is what needs to be compensated for the trailing aircraft to prevent wasting time and fuel, and time/speed compensation reduction may be transmitted into the flight plan modification for the trailing aircraft. This can be performed either on-board of an aircraft (e.g., using flight management system, tablet or ipad) or can be calculated and transmitted to the aircraft from a ground-based computer. [0071] 9. The average time of hold may be used to calculate a new speed for the aircraft on the same STAR route behind holding aircraft, i.e., saving fuel in descent and also saving fuel and time spent in holding pattern), (Id., ¶ 80, The flight management system 522 may consist of a computer unit (discloses control unit) and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like);
determining one or more different schedule options for the aircraft based on the average holding time, wherein the one or more different schedule options differ in at least one respect from an original schedule (Id., ¶ 91, The aircraft speed recommending engine 518 may determine whether the revised speed advisory can be flown taking into account real-time traffic substantially around the aircraft 510 for safety separation and send the revised speed advisory to the flight management system 522 on-board the aircraft 510 based on the determination, i.e., when there is no obstruction in a flight path associated with the aircraft 510. In another example, the revised speed advisory and/or trajectory of the aircraft 510 may be negotiated with ATC considering adjacent aircraft intent/plans and revised speed advisory or trajectory may be sent to the aircraft's flight management system 522 to fly at the revised speed to avoid the congestion upon accepting the revised speed advisory by the pilot. In one example, when ATC/other aircraft clearances permit, the revised speed advisory may be provided into flight management system 522 to fly the aircraft 510 based on the revised speed advisory), (Id., ¶ 93, In one example, the revised speed advisory can be accepted by a pilot flying the aircraft 510 to arrive at the congested airspace slower and burn less fuel at a lower throttle setting. Further, a long period of circling by entering the congested airspace at an original speed, can be avoided, as previous aircrafts would have been cleared due to time added to an arrival time of the aircraft 510 (discloses determining different schedule options based on an average holding time). In some examples, the aircraft 510 can fly faster to reach the airport before congestion increases (e.g., to avoid significant circling) when the situation is predicted to worsen (e.g., local weather/visibility conditions likely to worsen making landing difficult and/or many scheduled arrivals during or after that time). Conditions of the airspace around the airport can be tracked at regular intervals of time to assess the congestion and to further revise speed advisory, if needed), (Id., ¶ 80, The flight management system 522 may consist of a computer unit (discloses control unit) and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like);
presenting the one or more different schedule options on a display of the aircraft(Id., ¶ 79, FIG. 5 is a block diagram of an example system for determining a revised speed advisory on-board an aircraft 510 based on holding time. The system includes the aircraft 510, a ground-based system 500, and a historical database 502. The aircraft 510 may be communicatively connected to the ground-based system 500 via a communication link 520. The aircraft 510 may include an on-board computing system 512 (e.g., flight performance and navigation computer) and a flight management system 522. The flight management system 522 may provide the primary navigation, flight planning, optimized route determination and en route guidance for the aircraft 510 and may include interrelated functions such as navigation, flight planning, trajectory prediction, performance computations, and/or guidance), (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like);
determining one or more alterations to one or more aspects of the aircraft during flight based on the average holding time(Id., ¶ 19, Furthermore, the holding time may be communicated to an on-board computing system of the aircraft via a ground to air communication link. Furthermore, when holding is detected in that route, a revised speed advisory for the aircraft may be determined based on the holding time by a speed recommending engine residing in memory of the on-board computing system. The revised speed advisory is communicated to a flight management system on-board the aircraft. Furthermore, a speed of the aircraft is controlled based on the revised speed advisory by the flight management system. The speed of the aircraft is controlled based on the revised speed advisory taking into account the surrounding aircraft spacing for safety separation using ADS-B positions), (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like);
and presenting one or more indicators on a display, wherein the one or more indicators show the one or more alterations (Id., ¶ 80, The flight management system 522 may consist of a computer unit and a control display unit. (discloses display) The computer unit can be a standalone unit providing both the computing platform and various interfaces to other avionics. The control display unit may provide the primary human/machine interface for data entry and information display. On-board computing system 512 may include any computing device such as personal computers (PCs), tablet computers, ipads, mobile computers and the like), (Id., ¶ 73, In one example, the revised speed advisory may be sent to the flight navigation and performance computer on-board the aircraft by determining whether the revised speed advisory can be flown taking into account real-time traffic substantially around the aircraft for safety separation and sending the revised speed advisory to the flight navigation and performance computer on-board the aircraft when there is no obstruction in a flight path associated with the aircraft. The speed of the aircraft may be controlled towards an end of a cruise phase and/or during a descent phase).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sharma in view Gu et al., U.S. Publication No. 2022/0076583 [hereinafter Gu].
Regarding Claim 10, Sharma anticipates …The system of claim 1…
While suggested in at least Fig. 1 and related text, Sharma does not explicitly disclose …wherein the control unit is an artificial intelligence or machine learning system.
However, Gu discloses …wherein the control unit is an artificial intelligence or machine learning system (Gu, ¶ 39, The image generation module 410 is configured to generate plurality of digital flight path images from flight data received from the flight information system 302. In embodiments, each digital flight path image contains a plurality of coordinates associated with a particular flight. For example, the plurality of coordinates may indicate actual locations (e.g., in terms of longitude and latitude) of an aircraft at a plurality of points in time within the flight. The image generation module 410 may map the plurality of coordinates into a two-dimensional coordinate space such that a representation of an actual route of the aircraft is depicted within the two-dimensional coordinate space. In other words, the image generation module 410 generates a visual representation of a flight path based on coordinate sets contained in the flight data received from the flight information system 302. In embodiments, the image generation module 410 facilitates operation of the flight analysis module 412 by converting the problem of flight path deviation classification and identification into an image recognition problem suitable for processing and solution via machine learning algorithms).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to have modified the holding time and schedule determination elements of Sharma to include the machine learning elements of Gu in the analogous art of automatic flight path recognition.
The motivation for doing so would have been to improved system for “generat[ing] an updated planned flight route that has length that is less than the planned flight routes commonly including the detours, thus saving aircraft operators fuel costs and improving efficiency of operations” (Gu, ¶ 69), wherein such improvements would benefit Sharma’s method which performs by “ Reducing inefficiencies by calculating revised speed to fly may be feasible in real-time with current technology with just minor computation capacity and monitoring around terminal areas (TMA's) using ADS-B and open big data” [Gu, ¶ 69; Sharma, ¶ 144].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schwartz et al., U.S. Publication No. 2018/0286257 discloses an aircraft flight path holding pattern system and method.
Kneuper et al., U.S. Patent No. 10,019,905 discloses an aircraft holding pattern analysis system and method.
Irrgang et al., U.S. Publication No. 2015/0279218 discloses aircraft fuel optimization analytics.
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/NICHOLAS D BOLEN/ Examiner, Art Unit 3624 /PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624