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 .
Examiner’s Amendment – Interview Summary
On January 16, 2026, the Examiner contacted Mr. Travis Baxter, concerning the language in claim 12, reciting inter alia, a computer-readable data carrier, and the possible amendment to make, that would recite: inter alia “non-transitory computer-readable carrier”. Mr. Baxter agreed, and authorized the following Examiner’s Amendment. The Examiner mis-spoke, and can only make an Examiner’s Amendment when allowing the application. So the current Action includes a rejection under 35 USC 101, for the non-statutory subject matter in at least claim 12. The Examiner requests that Applicant make the conventional amendment in their next official paper.
The broadest reasonable interpretation of "a computer-readable data carrier" includes transitory signals which are non-propagating, i.e., waves and signals, which are not considered statutory subject matter. See In re Nuijten, 84 USPQ2d 1495, 1503 (Fed. Cir. 2007). Because the full scope of the claim encompasses non-statutory subject matter (i.e., transitory propagating signals), the claim as a whole is non-statutory. The Examiner suggested adding the limitation "non-transitory" to claim 12,
to limit the claim scope to encompass only statutory subject matter. (“Subject Matter Eligibility of Computer Readable Media”, 1/26/2010, Kappos).
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 11 and 12 in the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because The broadest reasonable interpretation of "a computer-readable data carrier" includes transitory signals which are non-propagating, i.e., waves and signals, which are not considered statutory subject matter. See In re Nuijten, 84 USPQ2d 1495, 1503 (Fed. Cir. 2007). Because the full scope of the claim encompasses non-statutory subject matter (i.e., transitory propagating signals), the claim as a whole is non-statutory, and therefore claim 12 in its current version is rejected under 35 U.S.C. 101.
Claim 11 is rejected under 35 USC 101, because it currently merely recites a program, and is therefore broadly interpreted as non-statutory subject matter.
Claim 12 is rejected under 35 U.S.C. 101 because the subject matter is not limited to statutory subject matter, as discussed above..
12. A computer-readable data carrier on which the computer program according to claim 11 is stored.
Amendment and or correction is required.
Claim Interpretation
During patent examination, pending claims must be “given their broadest reasonable interpretation consistent with the specification.” MPEP 2111; See also, MPEP 2173.02. Limitations appearing in the specification but not recited in the claim are not read into the claim. In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also, In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) (“During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow”). The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed. An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.
The Examiner respectfully requests of the Applicant in preparing responses, to consider fully the entirety of the reference(s) as potentially teaching all or part of the claimed invention. It is noted, REFERENCES ARE RELEVANT AS PRIOR ART FOR ALL THEY CONTAIN.
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.
Claims 1-10, 13, 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 20200283128 A1 to Yamada et al. (hereinafter Yamada).
With regards to claim 1, Yamada discloses:
1. A method for determining a trajectory, according to which a mobile device is intended to move in the surroundings along one or multiple possible specified movement paths, (see, Fig. 1, and detailed description, including, Server apparatus 10 creates flight instructions instructing drone 30 to fly in the allocated airspace for the allocation permitted flight period, and transmits the created flight instructions to terminal 20, para. 0035) the method comprising:
providing a set of different monitoring zones, wherein each of the different monitoring zones respectively defines an area around the mobile device in which area the mobile device is monitoring or is intended to monitor the surroundings, (see, detailed description, including, and wherein a monitoring zone configuration, which respectively comprises a predetermined monitoring zone of the set of the different monitoring zones, is assigned to the mobile device according to a specified assignment criterion depending on a velocity of the mobile device (see, detailed description, including, server apparatus 10 allocates airspaces and permitted flight periods to drones 30 based on the received flight schedule. Airspace is information indicating a space through which drone 30 is to pass when flying from a departure point to a destination, and the permitted flight period is information indicating a period for which flight is permitted in the allocated airspace, para. 0035), which is parameters by which drone 30 controls its own flight, based on the received flight instructions, and transmits the generated flight control information to the target drone 30. Although the parameters used by drone 30 to control the flight differ depending on the specifications of the program that controls drone 30, flight altitude, flight direction, flight speed, spatial coordinates of the point of arrival, para. 0036);
providing a permissibility criterion indicating a permissible monitoring zone from the set of different monitoring zones (see, detailed description, including, Server apparatus 10 creates flight instructions instructing drone 30 to fly in the allocated airspace for the allocation permitted flight period, and transmits the created flight instructions to terminal 20, para. 0035);
determining a sequence of critical velocities for the mobile device based on the set of different monitoring zones, wherein the critical velocities each indicate a maximum permissible velocity for the mobile device for a respective monitoring zone configuration (see, detailed description, including, (i.e., spatial coordinates in a three-dimensional space) and a time measurement function for measuring time, and can fly within the airspace and permitted flight period specified by the flight instructions by controlling the flight speed and flight direction while measuring the spatial coordinates and the time, para. 0037);
determining the trajectory based on the sequence of critical velocities and based on the permissibility criterion in the context of an optimization (see, Fig. 5, and detailed description, including, the departure point “warehouse α1”, the transit point “intersection β1”, the destination “store γ1”, the estimated departure time “T1”, and the estimated arrival time “T2” are associated with the drone ID “D001” which identifies drone 30a shown in FIG. 1. Also, the departure point “port α2”, the transit point “intersection β2”, the destination “building γ2”, the estimated departure time “T3”, and the estimated arrival time “T4” are associated with the drone ID “D002” which identifies drone 30b-1, para. 0054); and
providing the trajectory, and causing the mobile device to move according to the trajectory (see, detailed description, including, Schedule generation unit 201 of A terminal 20a generates the flight schedule information of drone 30a-1, and schedule generation unit 201 of B terminal 20b generates the flight schedule information of drone 30b-1. Schedule generation unit 201 supplies the generated flight schedule information to schedule transmission unit 202. Schedule transmission unit 202 transmits the supplied flight schedule information to server apparatus 10. Schedule obtainment unit 101 of server apparatus 10 obtains the flight schedule information transmitted from each terminal 20. Schedule obtainment unit 101 is an example of an “obtainment unit” according to the present invention, para. 0057).
With regards to claim 2, Yamada discloses:
2. The method according to claim 1, wherein determining the trajectory based on the sequence of critical velocities comprises:
determining a selected critical velocity from the sequence of critical velocities so that a monitoring zone configuration to be associated with the selected critical velocity satisfies the permissibility criterion (see, Fig. 9, and detailed description, including, the third drone 30 will need to reduce the gap until distance L11 is reached. At this time, if the flight speed of the third drone 30 is insufficient, there is a risk that drone 30 will not be able to reduce the gap, and formation flight can no longer be continued, para. 0084); and
determining the trajectory based on the selected critical velocity (see, as above, and If Condition 4 is satisfied, in the present embodiment, formation flight determination unit 103 determines an arrangement in which drones 30 are aligned linearly in the travel direction and are aligned in the order in which drones 30 withdraw from formation flight, as the arrangement of multiple drones 30., para. 0083).
With regards to claim 3, Yamada disclsoes:
3. The method according to claim 1, wherein determining the sequence of critical velocities for the mobile device is based on the set of different monitoring zones and based on the one or multiple possible predetermined movement paths (see, Summary and detailed description, including, the information processing apparatus may also include a speed obtainment unit configured to obtain speed information indicating a flight speed of the aerial vehicle. The determination unit may also determine an arrangement in which the plurality of aerial vehicles are aligned from the front in order starting from the aerial vehicle with the slowest flight speed indicated by the obtained speed information, para. 0010).
With regards to claim 4, Yamada disclsoes:
4. The method according to claim 1, wherein the one or multiple possible specified movement paths each specifies possible velocities for the mobile device (see, Summary, and detailed description, including, the allocation unit allocates the airspace and a permitted flight period during which flight in the airspace is allowed, and if aerial vehicles that are to perform formation flight are to fly at a speed matching a speed of an aerial vehicle with the slowest flight speed, the allocation unit extends the permitted flight period according to a delay that results from the formation flight, para. 0012).
With regards to claim 5, Yamada disclsoes:
5. The method according to claim 4, wherein the one or multiple possible specified movement paths furthermore each specifies one or multiple possible steering angles for the mobile device (see, detailed description, including, Sensor unit 36 is an apparatus including a sensor group that obtains information necessary for flight control. Sensor unit 36 includes a position sensor that measures the position (latitude and longitude) of the host device, a direction sensor that measures the direction the host device is facing (a forward direction is defined for drone 30, and the forward direction is the direction the host device is facing), and an altitude sensor that measures the altitude of the host device, where the direction is interpreted to be a steering angle, para. 0047).
With regards to claim 6, Yamada disclsoes:
6. The method according to claim 1, wherein the velocity of the mobile device comprises at least one of the following velocities:
a longitudinal velocity, (see, detailed description, including, control unit 303 controls flight unit 302 based on the flight control information supplied from control information obtainment unit 301, and carries out a flight control process of controlling the flight of the host device. Position measurement unit 304 measures the position of the host device, and supplies position information indicating the measured position (e.g., latitude/longitude information) to flight control unit 303, para. 0125),
a lateral velocity, (see detailed description, and above, control unit 303 controls flight unit 302 based on the flight control information supplied from control information obtainment unit 301, and carries out a flight control process of controlling the flight of the host device. Position measurement unit 304 measures the position of the host device, and supplies position information indicating the measured position (e.g., latitude/longitude information) to flight control unit 303. and
an angular velocity (seer, Fig. 6, and detailed description, including, allocation unit 106 allocates airspace that uses east, west, south, and north as the travel directions. However, airspace that uses other directions (north-northeast, west-southwest, and so on) as travel directions may be allocated, and airspace including angular climbs and descents may be allocated as well. In sum, allocation unit 106 may allocate any airspace as the airspace as long as it is airspace in which drone 30 can fly, para. 0144).
With regards to claim 7, Yamada disclsoes:
7. The method according to claim 1, further comprising:
determining the movement control variables for the mobile device based on the trajectory (see, detailed description, including, control information generation unit 204 adds a length L1 of one side of the cell, as defined in the present embodiment, as the spatial width of the airspace from coordinates P1 to coordinates P8, in which the horizontal flight is carried out. The three spatial widths “L1, L1, L1” indicated in FIG. 11 refer to widths in three directions, namely the x axis direction, the y axis direction, and the z axis direction. The flight direction, flight speed, and spatial width are not needed during takeoff and landing and are therefore left blank, para. 0114) and
providing the movement control variables and/or moving the mobile device based on the movement control variables (see, detailed description, including, as the flight direction, control information generation unit 204 adds “eastward” from coordinates P1 to coordinates P2, “southward” from coordinates P2 to coordinates P6, and “eastward” from coordinates P7 to coordinates P8, in which the horizontal flight is carried out. Furthermore, as the flight speed from P1 to P8, in which the horizontal flight is carried out, control information generation unit 204 adds an average speed V1 when flying in the airspace during a period from estimated departure time T1 to estimated arrival time T2 included in the flight schedule, for example, para. 0113-0114).
With regards to claim 8, Yamada disclsoes:
8. A computing unit comprising a processor configured to perform the method according to claim 1 (see, Fig. 2, and detailed description, including, Server apparatus 10 and the like (server apparatus 10 and terminal 20) are both computers that include the following apparatuses, namely processor 11, memory 12, storage 13, communication unit 14, input unit 15, output unit 16, and bus 17, para. 0038).
With regards to claim 9, Yamada disclsoes:
9. A mobile device (see, detailed description, including, Network 2 is a communication system including a mobile communication network which through wired communication (or wireless communication), and by drones 30 through wireless communication, para. 0033) is configured to obtain a trajectory determined according to the method of claim 1, comprising:
a drive system and a control or regulation unit configured to control the drive system based on the trajectory and/or the movement control variables (see, Fig. 4, and detailed description, including, , Server apparatus 10 includes schedule obtainment unit 101, airspace/period tentative determination unit 102, formation flight determination unit 103, instruction generation unit 104, and instruction transmission unit 105, para. 0052) and
at least one sensor unit configured to detect obstacles in the surroundings (see, detailed description, including, Fig. 5, Fig. 7, and illustrates an example of the tentatively-determined airspace. FIG. 7 illustrates an x axis and a y axis that take the center of cell C01_01 (the cell with a cell ID of C01_01) as the origin, with the direction of the arrow on the x axis called the x axis positive direction, the direction opposite thereto called the x axis negative direction, the direction of the arrow on the y axis called the y axis positive direction, the direction opposite thereto called the y axis negative direction, and the y axis negative direction assumed to be north. The example of FIG. 7 illustrates airspace R1 spanning from “warehouse α1”, through “intersection β1”, to “store γ1” included in the flight schedule illustrated in FIG. 5. Para. 0064),
wherein the mobile device is configured to perform an action when an obstacle is detected in the monitoring zone configuration currently assigned to the mobile device (see, Fig. 7, and detailed description, including, shows airspace R2, which extends from “port α2” included in the flight schedule shown in FIG. 5, through “intersection β2”, to “building γ2”. Airspace R2 includes divided airspace R21 that extends from cell C40_05, which is the departure point cell, through cells adjacent thereto in the x axis negative direction, to cell C20_05, divided airspace R22, which extends from cell C20_05, through cells adjacent thereto in the y axis positive direction, to cell C20_15, which is a transit point cell, divided airspace R23, which extends from cell C20_15, through cells adjacent thereto in the x axis negative direction, to cell C05_15, and divided airspace R24, which extends from cell C05_15, through cells adjacent thereto in the y axis positive direction, to cell C05_30, which is the destination cell, para. 0066).
With regards to claim 10, Yamada disclsoes:
10. The mobile device according to claim 9, which is designed as an at least partially automated guided vehicle (see, detailed description, including, drone operation management system 1, permitted airspace through which drones 30 can fly are determined in advance, para. 0059).
With regards to claim 13, Yamada disclsoes:
13. The method according to claim 1, wherein the mobile device includes a robot or an at least partially automated guided vehicle (see, detailed description, including, drone operation management system 1, permitted airspace through which drones 30 can fly are determined in advance, para. 0059).
With regards to claim 15, Yamada disclsoes:
15. The mobile device according to claim 9, which is designed as a passenger transportation vehicle or as a goods transportation vehicle, or as a robot (see, Fig. 1, and detailed description, including, plan and that is typically unmanned, and is an example of an “aerial vehicle” according to the present invention. Drones are mainly used by companies operating transport, filming, and surveillance businesses, for example, para. 0030).
With regards to claim 16, Yamada disclsoes:
16. The mobile device according to claim 9, which is designed as a vacuuming and/or mopping robot, floor or street cleaning device or lawn mowing robot, or as a drone (see, Fig. 1, and detailed description, including, plan and that is typically unmanned, and is an example of an “aerial vehicle” according to the present invention. Drones are mainly used by companies operating transport, filming, and surveillance businesses, for example, para. 0030).
Allowable Subject Matter
Claim 14 is 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.
For convenience claim 14 is presented below.
14. The method according to claim 1, wherein determining the trajectory based on the sequence of critical velocities comprises:
determining a maximum critical velocity from the sequence of critical velocities so that a monitoring zone configuration to be associated with the selected critical velocity satisfies the permissibility criterion; and
determining the trajectory based on the selected critical velocity.
A sampling of the prior art made of record and not relied upon and considered pertinent to applicants’ disclosure includes: 2017/0358212 A1 To Godwin et al. that discusses: Systems and methods for preventing flight of one or more Unmanned Aerial Vehicles (UAVs) in no-fly zones include receiving one or more no-fly zones each defined as geo-fences with associated coordinates; preventing one or more UAVs from entering the one or more no-fly zones by one or more of: transmitting the geo-fences to the one or more UAVs, transmitting avoidance commands to the one or more UAVs from an avoidance device located at a no-fly zone, and disrupting radio communication to the one or more UAVs from the avoidance device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM D. TITCOMB whose telephone number is (571)270-5190. The examiner can normally be reached 9:30 AM - 6:30 PM (M-F).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen C. Hong can be reached at 571-272-4124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM D. TITCOMB
Primary Examiner
Art Unit 2178
/WILLIAM D TITCOMB/Primary Examiner, Art Unit 2178 1-16-2026