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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,510,320 B2. Although the claims at issue are not identical, they are not patentably distinct from each other for the reasons laid out in the table below.
Instant Application
U.S. Pat. No. 12,510,320 B2
Relevant text in bold
1. A countermeasure dispensing system comprising: a countermeasure dispenser; a countermeasure controller; and an enhanced fire select multiplexing (EFSM) assembly; wherein the EFSM assembly is configured to provide power and data transmission to at least one expendable payload over a single fire pin pair.
1. An enhanced fire select multiplexing (EFSM) assembly for a countermeasure dispenser system comprising: at least one sequencer; a 28V power control module; a first magazine identification line operable to connect the at least one sequencer and the 28V power control module to a first transceiver and a first 28V bus; a second magazine identification line operable to connect the at least one sequencer and the 28V power control module to a second transceiver and a second 28V bus; a first countermeasure expendable payload connected to the first transceiver and first 28V bus; and a second countermeasure expendable payload connected to the second transceiver and second 28V bus; wherein the EFSM assembly is configured to provide power and data transmission to at least one countermeasure expendable payload from one of the first and second countermeasure expendable payloads over a single fire pin pair; and wherein the first and second transceivers and 28V busses are operable to deliver 20 W of power to the first and second countermeasure expendable payloads.
2. The EFSM assembly of claim 1 further comprising: a circuit card assembly having the first magazine identification line and the second magazine identification line thereon; and a countermeasure controller containing the at least one sequencer and the 28V power control module therein.
Although claim 1 does not explicitly claim a countermeasure dispenser, containing the countermeasure payloads within a countermeasure dispenser is understood to be obvious in view of fig. 6 (dispenser 2 contains payloads 4) of the reference, which is acknowledged as prior art by the applicant.
2. The countermeasure dispensing system of claim 1 wherein the at least one expendable payload further comprises: at least one of flares, chaff, and steerable decoys.
7. The EFSM assembly of claim 6 wherein the at least one expendable payload further comprises: at least one of flares, chaff, and steerable decoys.
The examiner notes that claim 6 depends upon claim 1 rather than claim 2, and thus does not include the countermeasure controller of claim 1 of the instant application. However, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the expendable payloads of claim 7 with the EFSM assembly of claim 2 because flares, chaff, and steerable decoys are standard countermeasures, as noted by the applicant in the description of background art in col. 1, lines 53-63 of the specification.
3. The countermeasure dispensing system of claim 1 wherein the EFSM assembly further comprises: a circuit card assembly.
2. The EFSM assembly of claim 1 further comprising: a circuit card assembly having the first magazine identification line and the second magazine identification line thereon; and a countermeasure controller containing the at least one sequencer and the 28V power control module therein.
4. The countermeasure dispensing system of claim 3 wherein the countermeasure controller further comprises: at least one sequencer; and a 28V power control module.
2. The EFSM assembly of claim 1 further comprising: a circuit card assembly having the first magazine identification line and the second magazine identification line thereon; and a countermeasure controller containing the at least one sequencer and the 28V power control module therein.
5. The countermeasure dispensing system of claim 4 wherein the circuit card assembly further comprises: a first magazine identification line operable to connect the at least one sequencer and the 28V power control module of the countermeasure controller to a first transceiver and a first load switch bus; and a second magazine identification line operable to connect the at least one sequencer and the 28V power control module of the countermeasure controller to a second transceiver and a second load switch bus.
1. An enhanced fire select multiplexing (EFSM) assembly for a countermeasure dispenser system comprising: at least one sequencer; a 28V power control module; a first magazine identification line operable to connect the at least one sequencer and the 28V power control module to a first transceiver and a first 28V bus; a second magazine identification line operable to connect the at least one sequencer and the 28V power control module to a second transceiver and a second 28V bus; a first countermeasure expendable payload connected to the first transceiver and first 28V bus; and a second countermeasure expendable payload connected to the second transceiver and second 28V bus; wherein the EFSM assembly is configured to provide power and data transmission to at least one countermeasure expendable payload from one of the first and second countermeasure expendable payloads over a single fire pin pair; and wherein the first and second transceivers and 28V busses are operable to deliver 20 W of power to the first and second countermeasure expendable payloads.
2. The EFSM assembly of claim 1 further comprising: a circuit card assembly having the first magazine identification line and the second magazine identification line thereon; and a countermeasure controller containing the at least one sequencer and the 28V power control module therein.
6. The countermeasure dispensing system of claim 5 wherein the first transceiver and the first load switch bus are operable to deliver both power and data to the first countermeasure expendable payload.
3. The EFSM assembly of claim 2 wherein the first transceiver and first 28V bus are operable to deliver both power and data to the first countermeasure expendable payload.
7. The countermeasure dispensing system of claim 6 wherein the second transceiver and the second load switch bus are operable to deliver both power and data to the second countermeasure expendable payload.
4. The EFSM assembly of claim 3 wherein the second transceiver and second 28V bus are operable to deliver both power and data to the second countermeasure expendable payload.
8. The countermeasure dispensing system of claim 7 wherein the first and second transceivers and the first and second load switch buses are operable to deliver 20 W of power to the first and second countermeasure expendable payloads.
1. An enhanced fire select multiplexing (EFSM) assembly for a countermeasure dispenser system comprising: at least one sequencer; a 28V power control module; a first magazine identification line operable to connect the at least one sequencer and the 28V power control module to a first transceiver and a first 28V bus; a second magazine identification line operable to connect the at least one sequencer and the 28V power control module to a second transceiver and a second 28V bus; a first countermeasure expendable payload connected to the first transceiver and first 28V bus; and a second countermeasure expendable payload connected to the second transceiver and second 28V bus; wherein the EFSM assembly is configured to provide power and data transmission to at least one countermeasure expendable payload from one of the first and second countermeasure expendable payloads over a single fire pin pair; and wherein the first and second transceivers and 28V busses are operable to deliver 20 W of power to the first and second countermeasure expendable payloads.
2. The EFSM assembly of claim 1 further comprising: a circuit card assembly having the first magazine identification line and the second magazine identification line thereon; and a countermeasure controller containing the at least one sequencer and the 28V power control module therein.
9. The countermeasure dispensing system of claim 8 wherein the first and second transceivers and the first and second load switch buses are operable to deliver data at a 500 k baud rate to the first and second countermeasure expendable payloads.
5. The EFSM assembly of claim 1 wherein the first and second transceivers and 28V busses are operable to deliver data at a 500k baud rate to the first and second countermeasure expendable payloads.
The examiner notes that claim 5 depends upon claim 1 rather than claim 2, and thus does not include the countermeasure controller of claim 1 of the instant application. However, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the controller of claim 2 to embody the sequencer and 28 V power source of claim 1 because containing said components on one controller enables easier setup when adding the system to a new vehicle.
10. The countermeasure dispensing system of claim 1 further comprising: a first magazine identification line and first transceiver operable to connect the countermeasure controller to deliver power and data to a first countermeasure expendable payload; and a second magazine identification line and second transceiver operable to connect the countermeasure controller to deliver power and data to a second countermeasure expendable payload.
1. An enhanced fire select multiplexing (EFSM) assembly for a countermeasure dispenser system comprising: at least one sequencer; a 28V power control module; a first magazine identification line operable to connect the at least one sequencer and the 28V power control module to a first transceiver and a first 28V bus; a second magazine identification line operable to connect the at least one sequencer and the 28V power control module to a second transceiver and a second 28V bus; a first countermeasure expendable payload connected to the first transceiver and first 28V bus; and a second countermeasure expendable payload connected to the second transceiver and second 28V bus; wherein the EFSM assembly is configured to provide power and data transmission to at least one countermeasure expendable payload from one of the first and second countermeasure expendable payloads over a single fire pin pair; and wherein the first and second transceivers and 28V busses are operable to deliver 20 W of power to the first and second countermeasure expendable payloads.
2. The EFSM assembly of claim 1 further comprising: a circuit card assembly having the first magazine identification line and the second magazine identification line thereon; and a countermeasure controller containing the at least one sequencer and the 28V power control module therein.
11. The countermeasure dispensing system of claim 10 further comprising: a vehicle carrying the countermeasure dispensing system thereon.
6. The EFSM assembly of claim 1 wherein the countermeasure dispensing system further comprises: a vehicle carrying a countermeasure dispenser containing the at least one expendable payload therein.
The examiner notes that claim 6 depends upon claim 1 rather than claim 2, and thus does not include the countermeasure controller of claim 1 of the instant application. However, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to use the controller of claim 2 to embody the sequencer and 28 V power source of claim 1 because containing said components on one controller enables easier setup when adding the system to a new vehicle.
12. The countermeasure dispensing system of claim 11 wherein the vehicle further comprises: an aircraft having an A-kit wiring harness therein.
8. The EFSM assembly of claim 6 wherein the vehicle further comprises: an aircraft having an A-kit wiring harness therein.
13. The countermeasure dispensing system of claim 12 further comprising: a wiring harness operable to connect the countermeasure controller to the A-kit wiring harness of the aircraft.
9. The EFSM assembly of claim 8 further comprising: a wiring harness operable to connect the at least one sequencer and the 28V power control module to the A-kit wiring harness of the aircraft.
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.
(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 1-7 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plemons et al. (US 2022/0397360 A1), hereinafter Plemons.
Regarding claim 1, Plemons teaches,
A countermeasure dispensing system (para. 0001, “The present disclosure generally relates to aircraft defense systems. More particularly, the present disclosure relates to a Countermeasure Dispenser System (CMDS). “) comprising: a countermeasure dispenser (para. 0004, “The CMDS has a dispenser, a breechplate, a sequencer, and a magazine”); a countermeasure controller (para. 0004, “The sequencer is electrically connected to the circuit card, the sequencer is adapted to control the first and second sets of firing pins via a set of firing lines.”); and an enhanced fire select multiplexing (EFSM) assembly (fig. 3B, breechplate assembly 112); wherein the EFSM assembly is configured to provide power and data transmission to at least one expendable payload over a single fire pin pair (para. 0061, “Referring to FIG. 6, the breechplate assembly 112 includes a circuit card 166. The circuit card 166 is sized and configured to be received by the central space 155 of the front plate 150. The circuit card 166 includes a firing pin connector 168 that electrically connects the circuit card 166 to each firing pin of the plurality of firing pins 158. Such connection allows the breechplate assembly 112 to communicate with the sequencer 118 through a plurality of firing lines 157 for sending and receiving data during military operation, which is described in more detail below.”).
Regarding claim 2, Plemons teaches,
The countermeasure dispensing system of claim 1 wherein the at least one expendable payload further comprises: at least one of flares, chaff, and steerable decoys (para. 0043, “Each expendable of the plurality of expendables 7 is loaded with flare and/or chaff material 8 for countermeasure purposes.”).
Regarding claim 3, Plemons teaches,
The countermeasure dispensing system of claim 1 wherein the EFSM assembly further comprises: a circuit card assembly (para. 0061, “Referring to FIG. 6, the breechplate assembly 112 includes a circuit card 166.”).
Regarding claim 4, Plemons teaches,
The countermeasure dispensing system of claim 3 wherein the countermeasure controller further comprises: at least one sequencer (para. 0049, “As best seen in FIG. 3B, the CMDS 100 includes a dispenser 110, a breechplate assembly 112, a magazine 114, a plurality of expendables 116, and a sequencer 118 (see FIG. 9).”); and a 28V power control module (para. 0045, “Moreover, the sequencer 16 is electrically connected to a squib power source 18, which is about +28 VDC.”).
Regarding claim 5, Plemons teaches,
The countermeasure dispensing system of claim 4 wherein the circuit card assembly further comprises: a first magazine identification line (fig. 23, 619A, 619C) operable to connect the at least one sequencer (fig. 23, 618A) and the 28V power control module of the countermeasure controller (fig. 23, 28 V Logic) to a first transceiver (FIG. 23, 28V Logic. See para. 0083, “To include such control logic into the breechplate assembly 212, the FPGA 267 includes additional electrical components such as a softcore processor, embedded memory (flash memory and RAM), universal asynchronous receiver/transmitter (UART), and programmable logic cells that allows for the duplication of the twenty-four fire selects from the existing thirty fire selects provided in the sequencer 218.” See also para. 0145, “The input device 718E includes the polling operation source, the interface system (i.e., Smart Stores Communication Interface (SSCI)), and the magazine bank select operation. The input device may send communication to and receive communication from the multiplexer 718F during military operation of the CMDS 700.”) and a first load switch bus (fig. 10, switches S1 and S2. See also para. 0084, “In this illustrated embodiment, the FPGA 267 embeds logic switches into first and second firing lines W.sub.1, W.sub.2. Still referring to FIG. 10, a first logic switch “S.sub.1” is electrically connected to the FPGA 267 and is in series with the sequencer 218 and a first firing pin 256A. In addition, a second logic switch “S.sub.2” is electrically connected to the FPGA 267 and is in series with the sequencer 218 and a second firing pin 256B.” See also para. 0087, “Such states of the first and second logic switches “S.sub.1”, “S.sub.2” is communicated by the sequencer 218 to the FPGA 267, via the second data link 219, for opening and closing logic switches embedded in the circuit card 266.” The examiner notes that fig. 23 shows two sequencers and sequencer connectors); and a second magazine identification line (fig. 23, 619B) operable to connect the at least one sequencer (fig. 23, 618B) and the 28V power control module of the countermeasure controller (fig. 23, 28 V squib) to a second transceiver (para. 0083, “To include such control logic into the breechplate assembly 212, the FPGA 267 includes additional electrical components such as a softcore processor, embedded memory (flash memory and RAM), universal asynchronous receiver/transmitter (UART), and programmable logic cells that allows for the duplication of the twenty-four fire selects from the existing thirty fire selects provided in the sequencer 218.” See also para. 0145, “The input device 718E includes the polling operation source, the interface system (i.e., Smart Stores Communication Interface (SSCI)), and the magazine bank select operation. The input device may send communication to and receive communication from the multiplexer 718F during military operation of the CMDS 700.”) and a second load switch bus (fig. 10, switches S1 and S2. See also para. 0084, “In this illustrated embodiment, the FPGA 267 embeds logic switches into first and second firing lines W.sub.1, W.sub.2. Still referring to FIG. 10, a first logic switch “S.sub.1” is electrically connected to the FPGA 267 and is in series with the sequencer 218 and a first firing pin 256A. In addition, a second logic switch “S.sub.2” is electrically connected to the FPGA 267 and is in series with the sequencer 218 and a second firing pin 256B.” See also para. 0087, “Such states of the first and second logic switches “S.sub.1”, “S.sub.2” is communicated by the sequencer 218 to the FPGA 267, via the second data link 219, for opening and closing logic switches embedded in the circuit card 266.” The examiner notes that fig. 23 shows two sequencers and sequencer connectors).
Regarding claim 6, Plemons teaches,
The countermeasure dispensing system of claim 5 wherein the first transceiver and the first load switch bus (fig. 10, FPGA 267, noting per para. 0083, “To include such control logic into the breechplate assembly 212, the FPGA 267 includes additional electrical components such as a…universal asynchronous receiver/transmitter (UART), and programmable logic cells.” The examiner notes that the FPGA controls the pictured switches) are operable to deliver both power and data to the first countermeasure expendable payload (para. 0046, “The system 10 also includes a dispenser 22 that is electrically connected to the sequencer 16 via a second data link 21 (GEN-X Data Link or “GDL”). The second data link 21 provides power and allows for communication between the sequencer 16 and the dispenser 22 during military operation of the aircraft 1.” The examiner notes that data link 219 is connected to the fire pins through the FPGA 267).
Regarding claim 7, Plemons teaches,
The countermeasure dispensing system of claim 6 wherein the second transceiver and the second load switch bus (fig. 10, FPGA 267, noting per para. 0083, “To include such control logic into the breechplate assembly 212, the FPGA 267 includes additional electrical components such as a…universal asynchronous receiver/transmitter (UART), and programmable logic cells.” The examiner notes that the FPGA controls the pictured switches. The examiner further notes that fig. 23 teaches a system with two sequencers 218, and fig. 10 shows the breechplate that connects to each sequencer) are operable to deliver both power and data to the second countermeasure expendable payload (para. 0046, “The system 10 also includes a dispenser 22 that is electrically connected to the sequencer 16 via a second data link 21 (GEN-X Data Link or “GDL”). The second data link 21 provides power and allows for communication between the sequencer 16 and the dispenser 22 during military operation of the aircraft 1.” The examiner notes that data link 219 is connected to the fire pins through the FPGA 267).
Regarding claim 10, Plemons teaches,
The countermeasure dispensing system of claim 1 further comprising: a first magazine identification line and first transceiver operable to connect the countermeasure controller to deliver power and data to a first countermeasure expendable payload (fig. 23, sequencer 618A, sequencer connector 619A, dispenser connector 619C, dispenser 610C. The examiner notes para. 0046, describing the connection between the sequencer and the dispenser, “The system 10 also includes a dispenser 22 that is electrically connected to the sequencer 16 via a second data link 21 (GEN-X Data Link or “GDL”). The second data link 21 provides power and allows for communication between the sequencer 16 and the dispenser 22 during military operation of the aircraft 1, such as identifying the type of magazine located in the dispenser 22’); and a second magazine identification line and second transceiver operable to connect the countermeasure controller to deliver power and data to a second countermeasure expendable payload (fig. 23, sequencer 618B, sequencer connector 619B, dispenser connector 619D, dispenser 610D. The examiner notes para. 0046, describing the connection between the sequencer and the dispenser, “The system 10 also includes a dispenser 22 that is electrically connected to the sequencer 16 via a second data link 21 (GEN-X Data Link or “GDL”). The second data link 21 provides power and allows for communication between the sequencer 16 and the dispenser 22 during military operation of the aircraft 1, such as identifying the type of magazine located in the dispenser 22’).
Regarding claim 11, Plemons teaches,
The countermeasure dispensing system of claim 10 further comprising: a vehicle carrying the countermeasure dispensing system thereon (fig. 1, platform 1 carries CMDS 6).
Regarding claim 12, Plemons teaches,
The countermeasure dispensing system of claim 11 wherein the vehicle further comprises: an aircraft (fig. 1, aircraft 1) having an A-kit wiring harness therein (para. 0053, “As such, the sockets 136, the wiring harness 138, and the plug 140 match the legacy A-Kit and B-Kit wiring harnesses in the legacy aircraft 1.”).
Regarding claim 13, Plemons teaches,
The countermeasure dispensing system of claim 12 further comprising: a wiring harness operable to connect the countermeasure controller to the A-kit wiring harness of the aircraft (para. 0053, “As such, the sockets 136, the wiring harness 138, and the plug 140 match the legacy A-Kit and B-Kit wiring harnesses in the legacy aircraft 1.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dube et al. (U.S. Pub. No. 2019/0234718) teaches a 28 V bus that delivers power to the first and second countermeasure expendable payloads, but does not teach that said bus delivers 20 W of power to the first and second countermeasure expendable payloads.
Bellino et al. (U.S. Pub. No. 2009/0084254) teaches a 28 V bus that delivers power to the first and second countermeasure expendable payloads, but does not teach that said bus delivers 20 W of power to the first and second countermeasure expendable payloads.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anna K Gosling whose telephone number is (571)272-0401. The examiner can normally be reached Monday - Thursday, 7:30-4:30 Eastern, Friday, 10:00-2:00 Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anna K. Gosling/Examiner, Art Unit 3648
/VLADIMIR MAGLOIRE/Supervisory Patent Examiner, Art Unit 3648