Prosecution Insights
Last updated: August 16, 2026
Application No. 18/640,546

Control Method and Device, and Aerial Vehicle

Final Rejection §102§103§112
Filed
Apr 19, 2024
Priority
Nov 15, 2021 — continuation of PCTCN2021130758
Examiner
WAHEED, NAZRA NUR
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Sz Dji Technology Co., Ltd.
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
210 granted / 250 resolved
+32.0% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
24 currently pending
Career history
273
Total Applications
across all art units

Statute-Specific Performance

§101
4.5%
-35.5% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
22.6%
-17.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 250 resolved cases

Office Action

§102 §103 §112
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 05/06/2026 has been considered by the examiner and an initialed copy of the IDS is hereby attached. Response to Amendment The Amendment filed 05/11/2026 has been entered. Claims 1-20 are pending in the application. Applicant’s amendment overcomes most of the 35 U.S.C. 112(b) rejections from the previously filed Office Action. A 35 U.S.C. 112(b) rejection for claim 18 is provided below. Response to Arguments Applicant’s arguments with respect to amendments to independent claim(s) 1 and 20 are found to be unpersuasive. The Applicant argues on page 11 of the Remarks filed on 05/11/2026: “Vacanti discloses a weather radar that uses a transmit array to emit a high aspect ratio frequency-modulated continuous-wave (FMCW) beam that illuminates elevation while electronically scanning in azimuth, and a receive array that simultaneously forms multiple beams for mapping weather reflectivity and monopulse beams for navigation and tracking of objects such as birds, aircraft, and UAVs. Vacanti, Abstract. Without acquiescing to the Office's assertions, Applicant notes that Vacanti discloses at [0054] that a radar system uses enhanced dwell capability with multiple receive beams across a high aspect ratio transmit beam to detect volcanic ash by discriminating between cloud and ash reflections via Doppler analysis, with dedicated scans near active volcanoes and waveform optimization based on distance to improve range resolution and detection, and at [[0055] that a radar system may combine radar signal information with a volcano location and height database as part of its terrain map capability, using multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground. Accordingly, at best, Vacanti discloses waveform bandwidth/chirp-time selection for range-resolution improvement near volcanoes. Vacanti is completely silent on the flight mode. Accordingly, the teachings of Vacanti are completely unrelated to adjusting a detection distance of the radar module according to the flight mode. That is, Vacanti fails to disclose or suggest "adjusting a detection distance of the radar module according to the flight mode," as recited in amended claim 1.” The Examiner respectfully disagrees. Vacanti discloses in paragraph 0054, “In some examples radar system 10 may perform an optimization process on a waveform to improve range resolution and detection range based on distance to the volcano.”. The aircraft avoiding volcanic ash is indeed a flight mode, in fact, Table 1 in paragraph 0102 lists this as “Enhanced weather Mode” which is for “Potential Volcanic Eruption and Ash Detection”. This mode covers a ”terrain-following fight” mode in claim 1. Vacanti disclosing that the waveform may be optimized to “to improve range resolution and detection range based on distance to the volcano”, is indeed “adjusting a detection distance of the radar module according to the flight mode”, where the flight mode is terrain-following flight. The improvement to a detection range is indeed an adjustment to the detection distance. Therefore, based on the broadest reasonable interpretation of the claim language, Vacanti discloses all of the features of the independent claims. Claim Objections Claims 12-15 objected to because of the following informalities: The word “area” is misspelled in claims 12-15. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 18 recites the limitation, “determining that the inclined angle of the ground is smaller or larger”. This limitation is indefinite as it is unclear what the inclined angle of the ground is being compared to in order to determine whether it is “smaller or larger”. As the bounds of the invention cannot be ascertained, the claim is rendered indefinite. Claim 18 recites the limitations, “in response to the inclined angle of the ground being smaller, adjusting the beam width to be narrower; and in response to the inclined angle of the ground being larger, adjusting the beam width to be wider.”. These limitations are indefinite as it is unclear what the beam width is being compared to in order to adjust it to be “narrower” or “wider”. What is the “narrower” and “wider” being compared to? As the bounds of the invention cannot be ascertained, the claim is rendered indefinite. 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)(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. Claim(s) 1,4,6-9,12-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vacanti (US 20180259641 A1). Regarding claim 1, Vacanti discloses [Note: what Vacanti fails to clearly disclose is strike-through] A control method (see Fig. 1A, where aircraft 2 implements a control method, further see paragraph 0033, “An FMCW radar device may electronically scan transmit beam 42 approximately forty-five degrees on either side of a centerline, relative to the FMCW radar device. In some examples FMCW radar device may scan transmit beam 42 up to plus or minus sixty degrees. The FMCW radar device controls beam steering by phase shifting the output of a transmit array, which will be explained in more detail below in relation to FIG. 4”) comprising: obtaining a flight mode of an aerial vehicle, the flight mode including at least one of scent, hover, route flight, terrain-following flight, or landing (see paragraph 0102, “All modes may be used individually or in combination with any other mode or set of modes according to flight phase of aircraft 2, or the operation of another type of vehicle. Modes may be interleaved to provide the greatest benefit to the vehicle operator. Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, further see the list of modes in Table 1 where the “mode” corresponds to radar operations for specific “flight modes” for example, “terrain following mode” (terrain-following flight mode), “navigation mode” (i.e. landing flight mode), etc and enabling a mode according to the flight phase of the aircraft is indeed “obtaining a flight mode of an aerial vehicle” and enabling the radar mode according to the flight “mode”, further see Table 1 in paragraph 0102); adjusting at least one of a beam direction relative to the aerial vehicle or a beam width of an antenna of a radar module of the aerial vehicle according to the flight mode (see paragraph 0102, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, where “beam steering” is adjusting beam direction relative to the vehicle and this is according to the “mode” listed in Table 1, further see for support paragraph 0053, “In addition to the weather radar functions, the high aspect ratio transmit beam 42 may provide additional functions for vehicles in which radar system 10 is installed. As described above, the high aspect ratio transmit beam, with a wide field of regard in elevation provides several advantages in analyzing weather, when compared to other mechanically or electronically steered pencil beam radars that must use a raster scan to illuminate an area of interest. In the example of an aircraft, radar system 10 may use the plurality of receive beams 44 for analysis beyond weather analysis as well as execute different functions in different phases of flight. For example, lower receive beams may be used for terrain avoidance or terrain following applications while upper beams simultaneously provide airborne target detection or weather detection.”); and adjusting a detection distance of the radar module according to the flight mode (see paragraph 0054, “In some examples radar system 10 may perform an optimization process on a waveform to improve range resolution and detection range based on distance to the volcano.”. where the aircraft avoiding volcanic ash is indeed a flight mode, in fact, Table 1 in paragraph 0102 lists this as “Enhanced weather Mode” which is for “Potential Volcanic Eruption and Ash Detection”. This mode falls under the “terrain-following flight” mode). Regarding claim 4, Vacanti further discloses The method according to claim 1, wherein: the antenna includes a phased array antenna including a plurality of antenna units (see Fig. 3, where Fig. 3 depicts a “phased array antenna”, further see paragraph 0022, “The FMCW radar device may be referred to as a digital active phased array (DAPA) radar.”); and adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna includes at least one of: adjusting the beam direction relative to the aerial vehicle of the antenna by adjusting a phase of a signal fed into each antenna unit (see paragraph 0041, “Transmit electronics associated with a transmit array, such as transmit array 18 in FIG. 3, may be configured to scan, or steer, transmit beam 42 in azimuth (e.g., the second illumination direction), as indicated by arrow 46. In some examples, the transmit electronics may be configured to apply a phase shift to each transmit antenna element of the plurality of transmit antenna elements (for example, transmit elements 24 described in FIG. 3) which changes as a function of time. Shifting the phase as a function of time results in transmit beam 42 being scanned in azimuth.”); or adjusting the beam width of the antenna by adjusting an amplitude of the signal fed into each antenna unit. Regarding claim 6, Vacanti further discloses The method according to claim 1, wherein adjusting the beam direction relative to the aerial vehicle of the antenna according to the flight mode includes: adjusting the beam direction relative to the aerial vehicle of the antenna in a pitch direction according to the flight mode (see Fig. 1A where the beam direction is being adjusting in a pitch direction and this is while the flight is in “route flight”, further see paragraph 0028, “FIG. 1A depicts aircraft 2, which includes a weather radar system 10 that outputs an FMCW transmit beam 42 that illuminates an area in a first illumination direction 45. In the example of FIG. 1A the first illumination direction 45 is in elevation and, in some examples, may be at least +/−30 degrees with respect to weather radar system 10. Transmit beam 42 simultaneously illuminates the area in the first illumination direction in front of aircraft 2. The weather radar system depicted in FIG. 1A may scan the FMCW transmit beam in azimuth. In some examples, weather radar system 10 may not scan the FMCW transmit beam in elevation, yet still illuminate the area in front of aircraft 2.”, further see paragraph 0037, “In the example of a weather radar mounted on an aircraft, as depicted in FIG. 1A, where the aircraft is flying at a normal cruising altitude of approximately 30,000 feet (8000 to 10,000 meters), the transmit beam in the first illumination direction 45 may reflect from targets or weather on the ground and as high as the troposphere without scanning in elevation. In other words, at a given point in time, transmit beam 42 may simultaneously transmit radar energy from radar system 10 to illuminate the entire vertical dimension of predetermined area 48 in the first illumination direction 45.”). Regarding claim 7, Vacanti further discloses The method according to claim 1, further comprising: determining an obstacle avoidance area of the aerial vehicle according to the detection distance (see paragraph 0054-0055, “When in the vicinity of known active volcanoes, radar system 10 may provide a dedicated scan of the volcano top and air above the volcano to detect possible volcanic eruptions where the ash is the most dense and therefore more detectable. In some examples radar system 10 may perform an optimization process on a waveform to improve range resolution and detection range based on distance to the volcano…In some examples, radar system 10 may combine radar signal information with a volcano location and height database as part of the terrain map capability. The signal processing in radar system 10 may use multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground.”, where performing this optimization process to avoid volcanic ash falls under the “terrain-following flight mode”); detecting an obstacle in the obstacle avoidance area (see paragraph 0054-0055, “When in the vicinity of known active volcanoes, radar system 10 may provide a dedicated scan of the volcano top and air above the volcano to detect possible volcanic eruptions where the ash is the most dense and therefore more detectable.”); and in response to the detecting the obstacle in the obstacle avoidance area, controlling the aerial vehicle to perform an obstacle avoidance operation (see paragraphs 0054-0055, In some examples radar system 10 may perform an optimization process on a waveform to improve range resolution and detection range based on distance to the volcano…In some examples, radar system 10 may combine radar signal information with a volcano location and height database as part of the terrain map capability. The signal processing in radar system 10 may use multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground.”, where performing this optimization process to avoid volcanic ash (i.e. an obstacle) falls under the “terrain-following flight mode”). Regarding claim 8, Vacanti discloses The method according to claim 1, wherein the flight mode is ascent (see Table 1 in paragraph 0102, where the modes used for “take-off” are indeed a flight mode of “ascent” and the adjustment made for that specific mode is indeed in response to that flight mode, see for support paragraph 0102 which recites, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”), and adjusting the at least one of the beam direction or the beam width of the antenna according to the flight mode (see paragraph 0102, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, where “beam steering” is adjusting beam direction relative to the vehicle and this is according to the “mode” listed in Table 1) includes: in response to the flight mode being ascent, adjusting at least one of the beam direction relative to the aerial vehicle (see Table 1 in paragraph 0102, where the modes used for “take-off” are indeed a flight mode of “ascent” and the adjustment made for that specific mode is indeed in response to that flight mode, see for support paragraph 0102 which recites, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”) or the beam width of the antenna to cause a detection range of the radar module of the aerial vehicle to cover an oblique upper area of the aerial vehicle. Regarding claim 9, Vacanti further discloses The method according to claim 8, wherein the adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause the detection range of the radar module of the aerial vehicle to cover the oblique upper area of the aerial vehicle includes at least one of: adjusting the beam direction relative to the aerial vehicle of the antenna according to a pitch angle, the pitch angle ranging from 30° to 50° (see Fig. 1A which depicts a pitch angle for the beamsteering, further see paragraph 0028, “FIG. 1A depicts aircraft 2, which includes a weather radar system 10 that outputs an FMCW transmit beam 42 that illuminates an area in a first illumination direction 45. In the example of FIG. 1A the first illumination direction 45 is in elevation and, in some examples, may be at least +/−30 degrees with respect to weather radar system 10. Transmit beam 42 simultaneously illuminates the area in the first illumination direction in front of aircraft 2.”, further see for support, see Table 1 in paragraph 0102, where the modes used for “take-off” are indeed a flight mode of “ascent” and the adjustment made for that specific mode is indeed in response to that flight mode, see for support paragraph 0102 which recites, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”); or adjusting the beam width of the antenna according to a field of view angle, the field of view angle ranging from ±15° to ±25°. Regarding claim 12, Vacanti discloses The method according to claim 1, wherein the flight mode is route flight (see Table 1 in paragraph 0102, standard weather radar mode), and adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna according to the flight mode (see paragraph 0102, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, where “beam steering” is adjusting beam direction relative to the vehicle and this is according to the “mode” listed in Table 1 which includes “standard weather radar mode” (i.e. routine flight)) includes: in response to the flight mode being route flight (see Table 1, “standard weather radar mode” (i.e. routine flight)), adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause a detection range of the radar module of the aerial vehicle to cover an aera corresponding to a flight direction of the aerial vehicle (see Table 1 which indicates greater than 90 degrees detection range, further see paragraph 0052, “. In some examples, during a dwell period, or during a sweep, radar system 10 may adjust the modulation bandwidth or chirp time to optimize detection and analysis in various modes. The analysis may be done over discrete periods of time, which may be called epochs. For example, radar system 10 may cause the transmit beam to dwell at an azimuth for a ten millisecond epoch, while changing the modulation scheme in two millisecond intervals to optimize certain functions or modes. Additional modes are discussed in more detail in Table 1.”, where “adjustments” are made according to the various modes). Regarding claim 13, Vacanti further discloses The method according to claim 12, wherein the adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause the detection range of the radar module of the aerial vehicle to cover the aera corresponding to the flight direction of the aerial vehicle (see Fig. 1A, further see Table 1 depicts different modes and the adjustments made to operate at those modes) includes at least one of: adjusting the beam direction relative to the aerial vehicle of the antenna according to a pitch angle, the pitch angle ranging from -10° to 10° (see paragraph 0028, “FIG. 1A depicts aircraft 2, which includes a weather radar system 10 that outputs an FMCW transmit beam 42 that illuminates an area in a first illumination direction 45. In the example of FIG. 1A the first illumination direction 45 is in elevation and, in some examples, may be at least +/−30 degrees with respect to weather radar system 10.”, where “at least +/−30 degrees” fulfills the BRI of 10° to 10°); and/or adjusting the beam width of the antenna according to a field of view angle, the field of view angle ranging from ±10° to ±20°. Regarding claim 14, Vacanti discloses The method according to claim 1, wherein the flight mode is landing (see Table 1 in paragraph 0102, where the modes operating for “approach” is indeed a landing flight mode), and adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna according to the flight mode (see paragraph 0102, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, where “beam steering” is adjusting beam direction relative to the vehicle and this is according to the “mode” listed in Table 1) includes: in response to the flight mode being landing, adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause a detection range of the radar module of the aerial vehicle to cover an oblique lower aera of the aerial vehicle (see paragraph 0060, “For example, on final approach to a runway, radar system 10 may use one or more receive beams 44 to search the runway for intrusions by vehicles or other aircraft with a dedicated scan for this purpose. Radar system 10 may use a waveform that may optimize range resolution and maximum detection range and monopulse mode for accurate angular resolution.”, further see paragraph 0102 and Table 1 where “adjustment” are made according to each mode). Regarding claim 15, Vacanti further discloses The method according to claim 14, wherein the adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause the detection range of the radar module of the aerial vehicle to cover the oblique lower aera of the aerial vehicle (see Fig. 1A, where the radar detects the oblique lower aera of the aerial vehicle as its beam-steered across the whole field of view range) includes at least one of: adjusting the beam direction relative to the aerial vehicle of the antenna according to a pitch angle, the pitch angle ranging from -30° to -50° (see paragraph 0028, “FIG. 1A depicts aircraft 2, which includes a weather radar system 10 that outputs an FMCW transmit beam 42 that illuminates an area in a first illumination direction 45. In the example of FIG. 1A the first illumination direction 45 is in elevation and, in some examples, may be at least +/−30 degrees with respect to weather radar system 10.”, where “at least +/−30 degrees” fulfills the BRI of 10° to 10°); and/or adjusting the beam width of the antenna according to a field of view angle, the field of view angle ranging from ±15° to ±25°. Regarding claim 16, Vacanti discloses The method according to claim 1, wherein the flight mode is terrain-following flight (see Table 1 in paragraph 0102 where terrain avoidance and terrain following mode and enhanced weather mode are both “terrain-following flight” modes), adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna according to the flight mode (see paragraph 0102, “All modes may be used individually or in combination with any other mode or set of modes according to flight phase of aircraft 2, or the operation of another type of vehicle. Modes may be interleaved to provide the greatest benefit to the vehicle operator. Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, further see the list of modes in Table 1 where the “mode” corresponds to radar operations for specific “flight modes” for example, “terrain following mode” (terrain-following flight mode), “navigation mode” (i.e. landing flight mode), etc and enabling a mode according to the flight phase of the aircraft is indeed “obtaining a flight mode of an aerial vehicle” and enabling the radar mode according to the flight “mode”, further see Table 1 in paragraph 0102) includes: in response to the flight mode being terrain-following flight, adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause a detection range of the radar module of the aerial vehicle to cover a ground area in front of flight of the aerial vehicle (see paragraph 0102, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, where “beam steering” is adjusting beam direction relative to the vehicle and this is according to the “mode” listed in Table 1, further see for support paragraph 0053, “In addition to the weather radar functions, the high aspect ratio transmit beam 42 may provide additional functions for vehicles in which radar system 10 is installed. As described above, the high aspect ratio transmit beam, with a wide field of regard in elevation provides several advantages in analyzing weather, when compared to other mechanically or electronically steered pencil beam radars that must use a raster scan to illuminate an area of interest. In the example of an aircraft, radar system 10 may use the plurality of receive beams 44 for analysis beyond weather analysis as well as execute different functions in different phases of flight. For example, lower receive beams may be used for terrain avoidance or terrain following applications while upper beams simultaneously provide airborne target detection or weather detection.”, further see paragraph 0055, “In some examples, radar system 10 may combine radar signal information with a volcano location and height database as part of the terrain map capability. The signal processing in radar system 10 may use multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground.”). Regarding claim 17, Vacanti discloses The method according to claim 16, wherein the adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause the detection range of the radar module of the aerial vehicle to cover the ground area in front of the flight of the aerial vehicle (see paragraph 0102, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, where “beam steering” is adjusting beam direction relative to the vehicle and this is according to the “mode” listed in Table 1 where terrain following cover the ground area in front of the flight of the aerial vehicle) includes: in response to the flight mode being terrain-following, adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna according to an inclined angle of ground (see paragraph 0102, “Modes may be used with “Chaotic Beam Steering,” e.g. non-linear or random scans as required to achieve the functions of each mode. Some example modes as well as features and advantages of modes are listed in the table below.”, where “beam steering” is adjusting beam direction relative to the vehicle and this is according to the “mode” listed in Table 1, further see for support paragraph 0053, “In addition to the weather radar functions, the high aspect ratio transmit beam 42 may provide additional functions for vehicles in which radar system 10 is installed. As described above, the high aspect ratio transmit beam, with a wide field of regard in elevation provides several advantages in analyzing weather, when compared to other mechanically or electronically steered pencil beam radars that must use a raster scan to illuminate an area of interest. In the example of an aircraft, radar system 10 may use the plurality of receive beams 44 for analysis beyond weather analysis as well as execute different functions in different phases of flight. For example, lower receive beams may be used for terrain avoidance or terrain following applications while upper beams simultaneously provide airborne target detection or weather detection.”, further see paragraph 0055, “In some examples, radar system 10 may combine radar signal information with a volcano location and height database as part of the terrain map capability. The signal processing in radar system 10 may use multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground.”). Regarding claim 18, Vacanti discloses The method according to claim 17, wherein adjusting the beam width of the antenna according to the inclined angle of the ground includes: determining that the inclined angle of the ground is smaller or larger (see paragraph 0055, “In some examples, radar system 10 may combine radar signal information with a volcano location and height database as part of the terrain map capability. The signal processing in radar system 10 may use multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground.”: NOTE: this limitation is unclear and indefinite, see 35 U.S.C. 112(b) section above); in response to the inclined angle of the ground being smaller, adjusting the beam width to be narrower (see paragraph 0055, “In some examples, radar system 10 may combine radar signal information with a volcano location and height database as part of the terrain map capability. The signal processing in radar system 10 may use multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground.”: NOTE: this limitation is unclear and indefinite, see 35 U.S.C. 112(b) section above); and in response to the inclined angle of the ground being larger, adjusting the beam width to be wider (see paragraph 0055, “In some examples, radar system 10 may combine radar signal information with a volcano location and height database as part of the terrain map capability. The signal processing in radar system 10 may use multiple receive beams to establish ground level and multiple receive beamwidths to reduce azimuth sidelobe clutter from the ground.”: NOTE: this limitation is unclear and indefinite, see 35 U.S.C. 112(b) section above). Regarding claim 20, the same cited section and rationale as claim 1 is applied. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 2, 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vacanti (US 20180259641 A1) in view of JALALI (US 20150236778 A1). Regarding claim 2, Vacanti discloses [Note: what Vacanti fails to clearly disclose is strike-through] The method according to claim 1, wherein adjusting the beam direction relative to the aerial vehicle of the antenna according to the flight mode includes: adjusting the beam direction relative to the aerial vehicle of the antenna according to the flight mode JALALI discloses, obtaining pose information of the aerial vehicle (see paragraph 0080, “It is further appreciated that vehicles travel on inclines and make turns, thus requiring real time adjustment to the vehicle antenna's beam. Airplanes also make turns along their routes, and even along a given route the airplanes go through roll, pitch and yaw motions. Therefore, the antenna fixture on the vehicle and the airplane is designed to steer its beam dynamically as the vehicle and/or airplane makes turns, or changes orientation. The antenna beam steering may be done mechanically or electronically.”); and adjusting the beam direction relative to the aerial vehicle of the antenna according to the pose information (see paragraph 0080, “It is further appreciated that vehicles travel on inclines and make turns, thus requiring real time adjustment to the vehicle antenna's beam. Airplanes also make turns along their routes, and even along a given route the airplanes go through roll, pitch and yaw motions. Therefore, the antenna fixture on the vehicle and the airplane is designed to steer its beam dynamically as the vehicle and/or airplane makes turns, or changes orientation. The antenna beam steering may be done mechanically or electronically.”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by JALALI into the invention of Vacanti. Both references are considered analogous arts to the claimed invention as they both disclose an aerial vehicle with a radar system which performs beam steering. Vacanti discloses the feature of performing beam steering according to a specified operation (i.e. a flight mode); however, fails to clearly disclose that the vehicle’s pose information is taken into account when performing the beam steering. This feature is disclosed by JALALI. The combination of Vacanti and JALALI would be obvious with a reasonable expectation of success in order to enhance beam steering accuracy by considering the pose of the vehicle and thereby more efficiently perform specified beam steering operations. Regarding claim 3, Vacanti further discloses The method according to claim 2, wherein the beam direction relative to the aerial vehicle of the antenna is adjusted to cause a beam emitted by the antenna toward a flight direction corresponding to the flight mode (see paragraph 0028, “FIG. 1A depicts aircraft 2, which includes a weather radar system 10 that outputs an FMCW transmit beam 42 that illuminates an area in a first illumination direction 45. In the example of FIG. 1A the first illumination direction 45 is in elevation and, in some examples, may be at least +/−30 degrees with respect to weather radar system 10. Transmit beam 42 simultaneously illuminates the area in the first illumination direction in front of aircraft 2. The weather radar system depicted in FIG. 1A may scan the FMCW transmit beam in azimuth. In some examples, weather radar system 10 may not scan the FMCW transmit beam in elevation, yet still illuminate the area in front of aircraft 2.”, where the flight is in “route flight”). Regarding claim 5, Vacanti discloses [Note: what Vacanti fails to clearly disclose is strike-through] The method according to claim 1, JALALI discloses, wherein adjusting the beam direction relative to the aerial vehicle of the antenna includes adjusting the beam direction of the antenna through a rotation structure (see paragraph 0080, “It is further appreciated that vehicles travel on inclines and make turns, thus requiring real time adjustment to the vehicle antenna's beam. Airplanes also make turns along their routes, and even along a given route the airplanes go through roll, pitch and yaw motions. Therefore, the antenna fixture on the vehicle and the airplane is designed to steer its beam dynamically as the vehicle and/or airplane makes turns, or changes orientation. The antenna beam steering may be done mechanically or electronically.”, where mechanical beam steering is using “a rotation structure”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by JALALI into the invention of Vacanti. Both references are considered analogous arts to the claimed invention as they both disclose an aerial vehicle with a radar system which performs beam steering. Vacanti discloses the feature of performing electronics beam steering; however, fails to clearly disclose that mechanical beam steering (i.e. using a rotation structure) is also provided. This feature is disclosed by JALALI. The combination of Vacanti and JALALI would be obvious with a reasonable expectation of success in order to enhance beam steering accuracy and thereby more efficiently perform specified beam steering operations. Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vacanti (US 20180259641 A1) in view of Merz et al. (US 20180275654 A1). Regarding claim 10, Vacanti discloses [Note: what Vacanti fails to clearly disclose is strike-through] The method according to claim 1, Merz discloses, wherein the flight mode is hover, and adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna according to the flight mode (see paragraph 0374, “In preferred embodiments of the above discussed method, when a frontal obstacle is detected in the obstacle avoidance mode, the vehicle 110 may be first commanded to brake and once the vehicle 110 is hovering the terrain following mode may be started. In some examples, activation of the terrain following mode may involve two main states of climbing/descending to a predetermined altitude, such as 60 m above ground level (AGL), with the radar sensor 141 pointing down in the third orientation, (i.e. the altimeter orientation), and then commencing forward flight in the terrain following mode with the radar sensor 141 in the second orientation (i.e. the terrain following orientation).”) includes: in response to the flight mode being hover, adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause a detection range of the radar module of the aerial vehicle to cover an area around the aerial vehicle (see paragraph 0374, “In preferred embodiments of the above discussed method, when a frontal obstacle is detected in the obstacle avoidance mode, the vehicle 110 may be first commanded to brake and once the vehicle 110 is hovering the terrain following mode may be started. In some examples, activation of the terrain following mode may involve two main states of climbing/descending to a predetermined altitude, such as 60 m above ground level (AGL), with the radar sensor 141 pointing down in the third orientation, (i.e. the altimeter orientation), and then commencing forward flight in the terrain following mode with the radar sensor 141 in the second orientation (i.e. the terrain following orientation).”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Merz into the invention of Vacanti. Both references are considered analogous arts to the claimed invention as they both disclose an aerial vehicle with a radar system which performs beam steering. Vacanti discloses the feature operating at multiple different flight modes with adjusted radar parameters for each flight mode; however, fails to clearly disclose a hover flight mode. This feature is disclosed by Merz. The combination of Vacanti and Merz would be obvious with a reasonable expectation of success in order to enhance beam steering accuracy and thereby more efficiently perform flight tasks. Regarding claim 11, Vacanti further discloses The method according to claim 10, wherein the adjusting the at least one of the beam direction relative to the aerial vehicle or the beam width of the antenna to cause the detection range of the radar module of the aerial vehicle to cover the area around the aerial vehicle (see Fig. 1A beamsteering) includes at least one of: adjusting the beam direction relative to the aerial vehicle of the antenna according to a pitch angle, the pitch angle ranging from -10° to 10° (see paragraph 0028, “FIG. 1A depicts aircraft 2, which includes a weather radar system 10 that outputs an FMCW transmit beam 42 that illuminates an area in a first illumination direction 45. In the example of FIG. 1A the first illumination direction 45 is in elevation and, in some examples, may be at least +/−30 degrees with respect to weather radar system 10.”, where “at least +/−30 degrees” fulfills the BRI of 10° to 10°); or adjusting the beam width of the antenna according to a field of view angle, the field of view angle ranging from ±45° to ±55°. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vacanti (US 20180259641 A1) in view of Kreitmair-Steck et al. (US 20130265185 A1). Regarding claim 19, Vacanti discloses [Note: what Vacanti fails to clearly disclose is strike-through] The method according to claim 1, wherein: the radar module is a first radar module (see paragraph 0032, “Radar system 10 may include one or more FMCW radar devices which may be mounted to a frame attached to aircraft 2. In the example of radar system 10 with two or more FMCW radar devices, the frame may be configured to hold the plurality of devices at an angle with respect to each other. The FMCW radar devices may include a plurality of transmit and receive arrays. The FMCW radar device may include transmit electronics and a transmit array including a plurality of transmit antenna elements. The transmit electronics with the transmit array may be configured to output FMCW transmit beam 42 electronically scan FMCW transmit beam 42 in the second illumination direction 46, which is in azimuth, or the horizontal beamwidth in the example of FIG. 1B.”); and Kreitmair-Steck discloses, the aerial vehicle further includes a second radar module configured to compensate a detection blind spot of the first radar module (see paragraph 0060, “According to FIG. 8 corresponding features are referred to with the references of FIG. 1-7. An adequate overlap of the scanning regions 7, 9 of two adjacent radar units 1, 3, each having a scanning amplitude of more than 120.degree., allows reduction of any blind regions 41, 42, 43 of the proximity warning system. The left hand and right hand radar sensors 1 and 3 each provide different blind regions at an empennage 44 and at a casing 45 for a tail rotor. The right hand radar sensor 1 provides blind regions 46, 47 at the empennage 44 and a blind region 48 at the casing 45 for the tail rotor. The left hand radar sensor 3 provides blind regions 49, 50 at the empennage 44 and a blind region 51 at the casing 45 for the tail rotor. The combination of both overlapping scanning regions 7, 9 of the radar sensors 1 and 3 results in smaller blind spot regions 41, 42, 43 compared to the blind regions 46-51 resulting from the individual radar sensors 1 and 3.”). It would have been obvious to someone with ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the features as disclosed by Kreitmair-Steck into the invention of Vacanti. Both references are considered analogous arts to the claimed invention as they both disclose an aerial vehicle with a radar system which performs beam steering. Kreitmair-Steck discloses the feature of unitizing multiple radar units on the aerial vehicle with specific units providing specified blind spot detection. The combination of Vacanti and Kreitmair-Steck would be obvious with a reasonable expectation of success in order to accurately detect obstacles within blind spots of the vehicle and thereby avoid collisions. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Beard (US 9739570 B1) discloses a gimbal assisted radar detection system for a UAS where beard specifically discloses adjusting a detection distance of the radar according to the flight mode (see Col. 4, lines 46-50, “The CW radar assembly 102 may have a field of view 124 (FOV) and an effective range adjustable by the control processors 122 or UAS control system 114 depending on the desired mode of operation.”). Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAZRA N. WAHEED whose telephone number is (571)272-6713. The examiner can normally be reached M-F (8 AM - 4:30 PM). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NAZRA NUR WAHEED/Examiner, Art Unit 3648
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Prosecution Timeline

Apr 19, 2024
Application Filed
Feb 17, 2026
Non-Final Rejection mailed — §102, §103, §112
May 11, 2026
Response Filed
Jun 22, 2026
Final Rejection mailed — §102, §103, §112 (current)

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3-4
Expected OA Rounds
84%
Grant Probability
96%
With Interview (+11.9%)
2y 9m (~5m remaining)
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