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 .
Claims 1, 3-11 and 13-22 have been examined.
Claims 2 and 12 have been canceled.
Claims 21-22 have been added.
P = paragraph e.g. P[0001] = paragraph[0001]
Response to Arguments
Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive. The Applicant argues
“To solve, Applicant provides a system that, upon one of these discrepancies being believed to exist by the pilot allows to pilot to communicate the discrepancy so that a validation process can occur prior to the updating of a flight plan. In this manner, the verification step is verifying that the discrepancy (e.g., issue) a pilot believes they are seeing during a flight, in fact is an inconsistency in the flight plan itself”
and
“In contrast, Schwindt discloses a system where a flight plan is updated, either by a pilot, communication link, electronic flight bag, or otherwise and then a risk determination assessment is made to the updated flight plan. Paras. [0037-0040]. In particular, the system ensures that an update to a flight plan does not present a risk to safe flight, and in particular as a result of changes to vertical and horizontal trajectories. Para. [0040]. Still, this check does not occur until the flight plan itself is updated and Schwindt does not contemplate verifying an issue using a comparison step prior to updating a flight plan. Thus, Schwindt does not disclose or suggest a control unit configured to, prior to updating a flight plan, compare an issue with data from one or more flight information sources to automatically validate the issue”.
The arguments are not persuasive. The Applicant refers to “the verification step” and argues “Schwindt does not contemplate verifying an issue”, however, Claim 1 does not recite a “verification step”, or any alternative of the word “verify” or “verifying”. Therefore, the Applicant’s arguments relying on “the verification step” and “verifying” are not directed to the claims as written and are then not persuasive. In fact, none of the claims recite a “verification step”. Therefore, the arguments are not persuasive.
Furthermore, the particular argument “this check does not occur until the flight plan itself is updated and Schwindt does not contemplate verifying an issue using a comparison step prior to updating a flight plan” is false, as seen from the citations in the previous and current rejection, where Schwindt et al. teaches a safety validation that includes a comparison equivalent to the claimed “compare” (“For example, in an aspect, the safety validation at 111 can determine, based on the comparison of the received second set of flight parameters 25…”, see P[0055] of Schwindt et al.), and teaches “At 114, if the second set of flight parameters 25 is determined to be safe, that is, to not present a risk to safe flight, then the first flight plan 11 can be automatically updated according to the received first update 21 to define a second flight plan 22 at 120”, see P[0056] of Schwindt et al., which clearly describes that the risk is determined prior to updating.
Also, P[0067] and FIG. 4 of Schwindt et al. teaches step “211” which is a “safety validation”, and the following step “216” updates the flight plan, where “216” occurs after “211”.
Therefore, it is clear that the safety validation and comparison of Schwindt et al. occurs “prior to” updating the flight plan, as clearly seen from the above citations of Schwindt et al.
Therefore, the arguments are not persuasive.
The Applicant further argues
“Additionally, independent claim 11 has been similarly amended and is novel and allowable for at least the same reasons. Additionally, dependent claims 2-7 and 9-10 depend on claim 1 and claims 12-16 and 18-19 depend on claim 11 and are novel and allowable for at least these reasons as well”.
These arguments are not persuasive for the reasons given above with respect to Claim 1 and for the reasons given in the new grounds of rejection.
The Applicant further argues
“Claim 8 depends on claim 1 and claim 17 depends on claim 11 and for at least this reason are allowable. Independent claim 20 meanwhile has been amended similarly to independent claim 1, and neither the Boozarjomehri nor LaCavita references are utilized as teaching or suggesting the verification step. As such, claim 20 is allowable for at least the same reasons as claim 1”.
The Applicant again refers to “the verification step”, however, Claim 20 does not recite a “verification step”, and in fact, none of the claims recite a “verification step”. Therefore, these arguments are not persuasive as they are not directed to the claims as written. See the above response to the arguments directed to the Claim 1 rejection regarding the use of Schwindt et al. in the rejection.
All other arguments are moot in view of the new grounds of rejection.
All claims are rejected. See the new grounds of rejection.
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.
Claims 1, 3-7, 9-11, 13-16, 18, 19, 21 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwindt et al. (2022/0139233).
Regarding Claim 1, Schwindt et al. teaches the claimed system comprising:
an aircraft (“…aircraft 10…”, see P[0024] and FIG. 1);
a communication device (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038]); and
a control unit in communication with the communication device (“The method 100 can begin with the FMS 8 receiving a first update 21 to at least a portion of the first flight plan 11. For example, the first update 21 can be manually entered into the FMS (e.g., by a pilot) or provided by external source (e.g. ACARS, EFB, ATC, etc.), at 102. In various non-limiting aspects, the first update 21 can be received pre-flight, during flight, during predetermined portions of a flight, periodically during flight, or triggered an event, or as otherwise determined necessary (e.g., by the pilot or ATC). For example, a first update 21 can be provided to the FMS 8 periodically or based on triggers (e.g. a threshold when a first flight parameter is predicted or determined to be inaccurate or otherwise undesirable due to an updated forecast and changed atmospheric condition). In aspects, the first update 21 to the first flight plan 11 can include the second set of flight parameters 25”, see P[0045]), wherein the control unit is configured to:
receive, via the communication device, an issue signal including information regarding an issue in relation to a flight plan for an aircraft (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038] and “As described in more detail herein, a modification, amendment, change, or first update 21 to at least a portion of the first flight plan 11 can comprise a second set of flight parameters 25 and can be provided to the FMS 8, and stored the memory 26”, see P[0034], where it is implicit that a signal is generated when an update is manually provided using the Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS),
prior to updating the flight plan, compare the issue with data from one or more flight information sources to automatically validate the issue (“For example, in an aspect, the safety validation at 111 can determine, based on the comparison of the received second set of flight parameters 25…”, see P[0055] and FIG. 3 and “…the determination whether any of the changes or updates to the current flight plan presents a risk to safe flight can include comparing the flight parameters (e.g., vertical and horizontal trajectories) of the flight plan, or updates to the flight plan, to terrain data”, see P[0040] and “At 114, if the second set of flight parameters 25 is determined to be safe, that is, to not present a risk to safe flight, then the first flight plan 11 can be automatically updated according to the received first update 21 to define a second flight plan 22 at 120”, see P[0056], also see “In the event the second update 33 to the first flight plan 11 is determined to not to present a risk to safe flight, the first flight plan 11 can be automatically updated according to the second update 33 to define the second flight plan 22, via the FMS 8, at 216”, see P[0067] and FIG. 4),
in response to the issue being automatically validated, automatically update the flight plan based on the issue to provide an updated flight plan (“At 114, if the second set of flight parameters 25 is determined to be safe, that is, to not present a risk to safe flight, then the first flight plan 11 can be automatically updated according to the received first update 21 to define a second flight plan 22 at 120”, see P[0056], also see “In the event the second update 33 to the first flight plan 11 is determined to not to present a risk to safe flight, the first flight plan 11 can be automatically updated according to the second update 33 to define the second flight plan 22, via the FMS 8, at 216”, see P[0067] and FIG. 4); and
operate the aircraft based on the updated flight plan (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038] and “…the aircraft 10 can then be operated according to the second flight plan 22”, see P[0056]).
Regarding Claim 3, Schwindt et al. teaches the claimed system of claim 1, wherein the aircraft comprises a user interface including a display in communication with an input device, wherein the issue is input by a pilot of the aircraft via the user interface aircraft (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038]).
Examiner’s Note: Claim 4 does not require any step of tracking an aircraft, and the limitation “configured to track the aircraft” does not require any specific configuration, as no specific configuration is claimed.
Regarding Claim 4, Schwindt et al. teaches the claimed system of claim 1, wherein the one or more flight information sources comprise one or more of:
a tracking sub-system configured to track the aircraft (“A communication link 24 can be communicably coupled to the computer 13 or other processors of the aircraft to transfer information to and from the aircraft 10. It is contemplated that the communication link 24 can be a wireless communication link and can be any variety of communication mechanisms capable of wirelessly linking with other systems and devices and can include, but are not limited to…Automatic Dependent Surveillance-Broadcast (ADS-B)…”, see P[0028], also see P[0029]).;
a weather sub-system configured to provide past, current, and predicted weather;
aircraft data sources configured to provide information about the aircraft; or
a historical database configured to provide data regarding issues reported from one or both of the aircraft or other aircraft.
Regarding Claim 5, Schwindt et al. teaches the claimed system of claim [[4]]1, wherein the one or more flight information sources comprise a tracking sub-system (“A communication link 24 can be communicably coupled to the computer 13 or other processors of the aircraft to transfer information to and from the aircraft 10. It is contemplated that the communication link 24 can be a wireless communication link and can be any variety of communication mechanisms capable of wirelessly linking with other systems and devices and can include, but are not limited to…Automatic Dependent Surveillance-Broadcast (ADS-B)…”, see P[0028], also see P[0029]), a weather sub-system, aircraft data sources, and a historical database.
Regarding Claim 6, Schwindt et al. teaches the claimed system of claim 5, wherein the tracking sub-system is an automatic dependent surveillance-broadcast (ADS-B) tracking sub-system (“A communication link 24 can be communicably coupled to the computer 13 or other processors of the aircraft to transfer information to and from the aircraft 10. It is contemplated that the communication link 24 can be a wireless communication link and can be any variety of communication mechanisms capable of wirelessly linking with other systems and devices and can include, but are not limited to…Automatic Dependent Surveillance-Broadcast (ADS-B)…”, see P[0028], also see P[0029]).
Regarding Claim 7 and the claimed system of claim 5, wherein the aircraft data sources provide tail-specific information regarding the aircraft, these limitations are contingent limitations that are only required if “aircraft data sources” are selected as the “one or more flight information sources” of parent Claim 4, and because the “aircraft data sources” are not selected as the “one or more flight information sources” of parent Claim 4 for this rejection (the “tracking sub-system” is selected instead), these contingent limitations of Claim 5 are then not required by the prior art.
Regarding Claim 9, Schwindt et al. teaches the claimed system of claim 1, wherein the aircraft is automatically operated according to the updated flight plan (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038]).
Regarding Claim 10, Schwindt et al. teaches the claimed system of claim 9, wherein the control unit is further configured to automatically operate the aircraft according to the updated flight plan (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038]).
Regarding Claim 11, Schwindt et al. teaches the claimed method comprising:
communicatively coupling a control unit (“The method 100 can begin with the FMS 8 receiving a first update 21 to at least a portion of the first flight plan 11. For example, the first update 21 can be manually entered into the FMS (e.g., by a pilot) or provided by external source (e.g. ACARS, EFB, ATC, etc.), at 102. In various non-limiting aspects, the first update 21 can be received pre-flight, during flight, during predetermined portions of a flight, periodically during flight, or triggered an event, or as otherwise determined necessary (e.g., by the pilot or ATC). For example, a first update 21 can be provided to the FMS 8 periodically or based on triggers (e.g. a threshold when a first flight parameter is predicted or determined to be inaccurate or otherwise undesirable due to an updated forecast and changed atmospheric condition). In aspects, the first update 21 to the first flight plan 11 can include the second set of flight parameters 25”, see P[0045]) with a communication device (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038]);
receiving, by the control unit via the communication device, an issue signal including information regarding an issue in relation to a flight plan for an aircraft (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038] and “As described in more detail herein, a modification, amendment, change, or first update 21 to at least a portion of the first flight plan 11 can comprise a second set of flight parameters 25 and can be provided to the FMS 8, and stored the memory 26”, see P[0034], where it is implicit that a signal is generated when an update is manually provided using the Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS);
prior to updating the flight plan, comparing, by the control unit, the issue with data from one or more flight information sources to automatically validate the issue (“For example, in an aspect, the safety validation at 111 can determine, based on the comparison of the received second set of flight parameters 25…”, see P[0055] and FIG. 3 and “…the determination whether any of the changes or updates to the current flight plan presents a risk to safe flight can include comparing the flight parameters (e.g., vertical and horizontal trajectories) of the flight plan, or updates to the flight plan, to terrain data”, see P[0040] and “At 114, if the second set of flight parameters 25 is determined to be safe, that is, to not present a risk to safe flight, then the first flight plan 11 can be automatically updated according to the received first update 21 to define a second flight plan 22 at 120”, see P[0056], also see “In the event the second update 33 to the first flight plan 11 is determined to not to present a risk to safe flight, the first flight plan 11 can be automatically updated according to the second update 33 to define the second flight plan 22, via the FMS 8, at 216”, see P[0067] and FIG. 4);
in response to the issue being automatically validated, automatically updating the flight plan based on the issue to provide an updated flight plan (“At 114, if the second set of flight parameters 25 is determined to be safe, that is, to not present a risk to safe flight, then the first flight plan 11 can be automatically updated according to the received first update 21 to define a second flight plan 22 at 120”, see P[0056], also see “In the event the second update 33 to the first flight plan 11 is determined to not to present a risk to safe flight, the first flight plan 11 can be automatically updated according to the second update 33 to define the second flight plan 22, via the FMS 8, at 216”, see P[0067] and FIG. 4); and
operating the aircraft according to the updated flight plan (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038] and “…the aircraft 10 can then be operated according to the second flight plan 22”, see P[0056]).
Regarding Claim 13, Schwindt et al. teaches the claimed method of claim 11, further comprising inputting, via a user interface of the aircraft, the issue by a pilot of the aircraft (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038]).
Examiner’s Note: Claim 14 does not require any step of tracking an aircraft, and the limitation “configured to track the aircraft” does not require any specific configuration, as no specific configuration is claimed.
Regarding Claim 14, Schwindt et al. teaches the claimed method of claim 11, wherein the one or more flight information sources comprise one or more of:
a tracking sub-system configured to track the aircraft (“A communication link 24 can be communicably coupled to the computer 13 or other processors of the aircraft to transfer information to and from the aircraft 10. It is contemplated that the communication link 24 can be a wireless communication link and can be any variety of communication mechanisms capable of wirelessly linking with other systems and devices and can include, but are not limited to…Automatic Dependent Surveillance-Broadcast (ADS-B)…”, see P[0028], also see P[0029]).;
a weather sub-system configured to provide past, current, and predicted weather;
aircraft data sources configured to provide information about the aircraft; or
a historical database configured to provide data regarding issues reported from one or both of the aircraft or other aircraft.
Regarding Claim 15, Schwindt et al. teaches the claimed method of claim [[14]] 11, wherein the one or more flight information sources comprise a tracking sub-system (“A communication link 24 can be communicably coupled to the computer 13 or other processors of the aircraft to transfer information to and from the aircraft 10. It is contemplated that the communication link 24 can be a wireless communication link and can be any variety of communication mechanisms capable of wirelessly linking with other systems and devices and can include, but are not limited to…Automatic Dependent Surveillance-Broadcast (ADS-B)…”, see P[0028], also see P[0029]), a weather sub-system, a historical database.
Regarding Claim 16, Schwindt et al. teaches the claimed method of claim 15, wherein the tracking sub-system is an automatic dependent surveillance-broadcast (ADS-B) tracking sub-system, and wherein the aircraft data sources provide tail-specific information regarding the aircraft (“A communication link 24 can be communicably coupled to the computer 13 or other processors of the aircraft to transfer information to and from the aircraft 10. It is contemplated that the communication link 24 can be a wireless communication link and can be any variety of communication mechanisms capable of wirelessly linking with other systems and devices and can include, but are not limited to…Automatic Dependent Surveillance-Broadcast (ADS-B)…”, see P[0028], also see P[0029]).
Regarding Claim 18, Schwindt et al. teaches the claimed method of claim 11, further comprising automatically operating the aircraft according to the updated flight plan (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038]).
Regarding Claim 19, Schwindt et al. teaches the claimed method of claim 18, wherein said automatically operating is performed by the control unit (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038]).
Regarding Claim 21, Schwindt et al. teaches the claimed system of claim 1, wherein the control unit is further configured to automatically operate controls to automatically control the aircraft according the updated flight plan (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038] and “…the aircraft 10 can then be operated according to the second flight plan 22”, see P[0056]).
Regarding Claim 22, Schwindt et al. teaches the claimed method of claim 11, further comprising automatically operating controls to automatically control the aircraft according the updated flight plan (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038] and “…the aircraft 10 can then be operated according to the second flight plan 22”, see P[0056]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Schwindt et al. (2022/0139233) in view of Boozarjomehri et al. (2019/0147748).
Regarding Claim 8, Schwindt et al. does not expressly recite the claimed system of claim 1, wherein the control unit is an artificial intelligence or machine learning system.
However, Boozarjomehri et al. (2019/0147748) teaches wherein the control unit is an artificial intelligence or machine learning system (Boozarjomehri et al.; “The flight prediction module 113 includes a machine learning model 114”, see P[0021]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Schwindt et al. with the teachings of Boozarjomehri et al., and wherein the control unit is an artificial intelligence or machine learning system, as rendered obvious by Boozarjomehri et al., so that “one or more of a flight plan characteristic or an aircraft loading characteristic is modified” (Boozarjomehri et al.; see Abstract).
Regarding Claim 17, Schwindt et al. does not expressly recite the claimed method of claim 11, wherein the control unit is an artificial intelligence or machine learning system.
However, Boozarjomehri et al. (2019/0147748) teaches wherein the control unit is an artificial intelligence or machine learning system (Boozarjomehri et al.; “The flight prediction module 113 includes a machine learning model 114”, see P[0021]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Schwindt et al. with the teachings of Boozarjomehri et al., and wherein the control unit is an artificial intelligence or machine learning system, as rendered obvious by Boozarjomehri et al., so that “one or more of a flight plan characteristic or an aircraft loading characteristic is modified” (Boozarjomehri et al.; see Abstract).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Schwindt et al. (2022/0139233) in view of Boozarjomehri et al. (2019/0147748) further in view of LaCivita et al. (2021/0183253), further in view of Plawecki et al. (2022/0067542).
Regarding Claim 20, Schwindt et al. teaches the claimed system comprising:
an aircraft including a user interface including a display in communication with an input device, wherein the user interface is configured to be operated by a pilot of the aircraft to input an issue in relation to a flight plan for the aircraft (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038] and FIG. 1);
a communication device (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038]); and
a control unit in communication with the communication device…(“The method 100 can begin with the FMS 8 receiving a first update 21 to at least a portion of the first flight plan 11. For example, the first update 21 can be manually entered into the FMS (e.g., by a pilot) or provided by external source (e.g. ACARS, EFB, ATC, etc.), at 102. In various non-limiting aspects, the first update 21 can be received pre-flight, during flight, during predetermined portions of a flight, periodically during flight, or triggered an event, or as otherwise determined necessary (e.g., by the pilot or ATC). For example, a first update 21 can be provided to the FMS 8 periodically or based on triggers (e.g. a threshold when a first flight parameter is predicted or determined to be inaccurate or otherwise undesirable due to an updated forecast and changed atmospheric condition). In aspects, the first update 21 to the first flight plan 11 can include the second set of flight parameters 25”, see P[0045]), and wherein the control unit is configured to:
receive, via the communication device, an issue signal including information regarding the issue in relation to the flight plan for the aircraft (“…the updates to the flight plan can be manually entered (e.g., by a pilot on a Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS…”, see P[0038] and “As described in more detail herein, a modification, amendment, change, or first update 21 to at least a portion of the first flight plan 11 can comprise a second set of flight parameters 25 and can be provided to the FMS 8, and stored the memory 26”, see P[0034], where it is implicit that a signal is generated when an update is manually provided using the Multi-Function Control Display Unit (MCDU) or Multi-purpose Control Display of the FMS),
prior to updating the flight plan, compare the issue with data from flight information sources to automatically validate the issue (“For example, in an aspect, the safety validation at 111 can determine, based on the comparison of the received second set of flight parameters 25…”, see P[0055] and FIG. 3 and “…the determination whether any of the changes or updates to the current flight plan presents a risk to safe flight can include comparing the flight parameters (e.g., vertical and horizontal trajectories) of the flight plan, or updates to the flight plan, to terrain data”, see P[0040] and “At 114, if the second set of flight parameters 25 is determined to be safe, that is, to not present a risk to safe flight, then the first flight plan 11 can be automatically updated according to the received first update 21 to define a second flight plan 22 at 120”, see P[0056], also see “In the event the second update 33 to the first flight plan 11 is determined to not to present a risk to safe flight, the first flight plan 11 can be automatically updated according to the second update 33 to define the second flight plan 22, via the FMS 8, at 216”, see P[0067] and FIG. 4), wherein the flight information sources comprise a tracking sub-system configured to track the aircraft (“If the FMS, TAWS, EFB or other avionics device identifies or determines any risk to safe flight, (e.g. terrain proximity)…”, see P[0040]); a weather sub-system configured to provide…current…weather (“The terrain data 55 can include one or more of, but are not limited to, data associated with a terrain feature, an obstacle, a wind shear, a weather pattern, or a combination thereof”, see P[0049]); aircraft data sources configured to provide information about the aircraft (“A communication link 24 can be communicably coupled to the computer 13 or other processors of the aircraft to transfer information to and from the aircraft 10. It is contemplated that the communication link 24 can be a wireless communication link and can be any variety of communication mechanisms capable of wirelessly linking with other systems and devices and can include, but are not limited to…Automatic Dependent Surveillance-Broadcast (ADS-B)…”, see P[0028], also see P[0029])…;
in response to the issue being automatically validated, automatically update the flight plan based on the issue to provide an updated flight plan (“At 114, if the second set of flight parameters 25 is determined to be safe, that is, to not present a risk to safe flight, then the first flight plan 11 can be automatically updated according to the received first update 21 to define a second flight plan 22 at 120”, see P[0056], also see “In the event the second update 33 to the first flight plan 11 is determined to not to present a risk to safe flight, the first flight plan 11 can be automatically updated according to the second update 33 to define the second flight plan 22, via the FMS 8, at 216”, see P[0067] and FIG. 4);[[,]]
communicate the updated flight plan to a pilot (“Additionally, a second signal 62, such as an indication or safety validation indication, can further be generated, via the FMS 8, and provided to the display 60 in order to indicate to one or more of the flight crew, the pilot, or ATC 32 that the first flight plan 11 has been updated to define the second flight plan 22, at 218”, see P[0061]); and
operate the aircraft (“The computer 13 can, among other things, automate the tasks of piloting and tracking the flight plan of the aircraft 10”, see P[0026] and “During flight, the current or first flight plan for the aircraft can be executed under the direction of the FMS (either Flight Director indications to pilot or Autopilot command)”, see P[0038] and “…the aircraft 10 can then be operated according to the second flight plan 22”, see P[0056]).
Does not expressly recite the bolded portions of the claimed
a control unit in communication with the communication device, wherein the control unit is an artificial intelligence or machine learning system
and
a weather sub-system configured to provide past, current, and predicted weather
and
and a historical database configured to provide data regarding issues reported from one or both of the aircraft or other aircraft.
However, Boozarjomehri et al. (2019/0147748) teaches wherein the control unit is an artificial intelligence or machine learning system (Boozarjomehri et al.; “The flight prediction module 113 includes a machine learning model 114”, see P[0021]).
Furthermore, LaCivita et al. (2021/0183253) teaches a weather sub-system configured to provide past, current, and predicted weather (LaCivita et al.; “…weather forecast data for a selected time period, flight schedule data for the selected time period, historical weather data for a prior time frame, and historical flight schedule data…”, see P[0007]).
Furthermore, Plawecki et al. (2022/0067542) teaches a historical database configured to provide data regarding issues reported from one or both of the aircraft or other aircraft (Plawecki et al.; “…results of predicted icing condition computations 408 may then be provided to a reinforcement learning (RL) engine (decision engine) 410, which can correspond to unsupervised learning 328 in in conjunction with decision engine 302 of FIG. 3. RL engine 410 is configured to account for user-defined tuning of key decision parameters (corresponding, e.g., to parameters 304 of FIG. 3), information about the outcome of one or more previous maneuvers (indicative, e.g., of whether a maneuver successfully avoided icing, or whether the absence of a course-deviating maneuver successfully avoided icing), and the currently predicted icing condition 408 to determine 412 whether a planned avoidance maneuver or a decision not to make an avoidance maneuver is likely to have a successful outcome or not”, see P[0035] and “…based on historical data from the library of learning 512…”, see P[0038]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Schwindt et al. with the teachings of Boozarjomehri et al., LaCivita et al. and Plawecki et al., and to provide a control unit in communication with the communication device, wherein the control unit is an artificial intelligence or machine learning system, and a weather sub-system configured to provide past, current, and predicted weather, and a historical database configured to provide data regarding issues reported from one or both of the aircraft or other aircraft, as rendered obvious by Boozarjomehri et al., LaCivita et al. and Plawecki et al., so that “one or more of a flight plan characteristic or an aircraft loading characteristic is modified” (Boozarjomehri et al.; see Abstract), and in order to “determine one or more possible flight strategies for an aircraft” (LaCivita et al.; see Abstract), and in order to provide for “reducing the stress of the operating environment” (Plawecki et al.; see P[0014]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ISAAC G SMITH/ Primary Examiner, Art Unit 3662