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 .
Status of Claims
This action is in response to the amendments filed on 12/23/2025, in which claims 1-3, 19, and 20 are amended, claims 21-24 are new. Claims 1-24 are rejected.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 12/23/2025, with respect to the rejection(s) of claim(s) 1-5 and 7-20 under 35 USC §102, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of FAA.GOV.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 6 under 35 USC §103, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of FAA.GOV.
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.
Claim(s) 1-5 and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over Villa et al. (US 2019/0340934 A1, “Villa”) in view of FAA.gov (Section 2. Controlled Airspace, “FAA.GOV”).
Regarding claims 1, 19, and 20, Villa discloses dynamic aircraft routing and teaches:
A computing system, comprising: (Specifically, FIG. 15 shows a diagrammatic representation of the machine 1500 in the example form of a computer device (e.g., a computer) and within which instructions 1524 (e.g., software, a program, an application, an applet, an app, or other executable code ) for causing the machine 1500 to perform any one or more of the methodologies discussed – See at least ¶ [0146])
one or more processors; and (The machine 1500 includes a processor 1502 (e.g., a central processing unit (CPU), a graphics processing unit (GPU), a digital signal processor (DSP), an application specific integrated circuit (ASIC), a radio-frequency integrated circuit (RFIC), or any suitable combination thereof ) – See at least ¶ [0149])
one or more non-transitory computer-readable media storing instructions that are executable by the one or more processors to perform operations, the operations comprising: (FIG.15 illustrates components of a machine 1500, according to some example embodiments, that is able to read instructions from a machine-readable medium (e.g., a machine-readable storage device, a non-transitory machine readable storage medium, a computer-readable storage medium, or any suitable combination thereof) and perform any one or more of the methodologies discussed herein – See at least ¶ [0146])
accessing airspace data defining an available portion of a particular geographic area for eVTOL aircraft travel; (In Example 3, the subject matter of any one or more of Examples 1-2 optionally include wherein assigning the cost comprises accessing data sets including historical aircraft track data and altitude data; using the accessed data sets, aggregating relevant data sets for each node of each edge; and assigning a scalar value – See at least ¶ [0170]; the invention is directed towards a VTOL – See at least ¶ [0123])
computing skylane route data for a particular skylane defined by a plurality of waypoints in three-dimensional space between a first vertiport location and a second vertiport location for the eVTOL aircraft travel in the particular geographic area, (Example embodiments are directed to generating an optimized network of skylanes and an operations volume, i.e., 3-D way points, around each of these skylanes in which an aircraft should operate. A network system (e.g., a transport network coordination system) creates a source network of paths, whereby the source network comprises a set of possible paths between two locations – See at least ¶ [0106] and [0124]) wherein the skylane route data for the particular skylane is computed based at least in part on the airspace data; [] (Once the source network of paths or routes is created, the cost module 1210 assigns a cost for traversing each edge. Accordingly, the cost module 1210 accesses data sets for use in the cost determination from the datastores 1230. The data sets include one or more of historical aircraft track data, terrain altitude data, obstacle/building height and location data, noise maps, population data (e.g., census blocks), backup landing site data, airspace classes and other relevant boundary data (e.g., Mode-C veil, special use airspace, military operations area, sensitive sites), or road and rail infrastructure – See at least ¶ [0109])
updating a network of available skylanes for eVTOL aircraft travel in the particular geographic area by adding the skylane route data for the particular skylane to the network of available skylanes; and (Example 1 is a method for generating an optimized network of skylanes, i.e., updating the network, and an operations volume around each of these skylanes in which an aircraft should operate. The method comprises creating, by a network system, a source network of paths, the source network comprising a set of possible paths between two locations; assigning, by the network system, a cost for traversing each edge of each path of the source network of paths; aggregating, by the network system, the cost for traversing each edge of each path to obtain a cost for each path of the source network of paths; based on the cost for each path of the source network of paths, identifying, by the network system, a path having the lowest cost, the path having the lowest cost being an optimized route between the two locations – See at least ¶ [0168])
deploying a particular eVTOL aircraft to travel on the particular skylane upon selection of the particular skylane from the network of available skylanes. (wherein the transmitting the operations volume comprises broadcasting the operations volume to other airspace service providers; communicating the operations volume to an aircraft that will fly the optimized route; providing the operations volume to a system that monitors an aircraft flying the optimized route to ensure the aircraft stays within its performance bounds; causing presentation of a graphical representation of the operations volume on a user interface of a pilot application; or providing the operations volume to a network operations center that is monitoring a fleet of air traffic – See at least ¶ [0185])
Villa does not explicitly teach the first aircraft track data indicative of locations traveled by aircraft having operating parameters in a range that excludes a type of aircraft larger or faster than the eVTOL. However, FAA.GOV discloses controlled airspaces and teaches:
first aircraft track data indicative of locations traveled by aircraft having operating parameters in a range that excludes a type of aircraft larger or faster than the [aircraft]; (Controlled Airspace. A generic term that covers the different classification of airspace (Class A, Class B, Class C, Class D, and Class E airspace) and defined dimensions within which air traffic control service is provided to IFR flights and to VFR flights in accordance with the airspace classification. – See at least pg. 1; Unless otherwise authorized by ATC, each person operating a large turbine engine‐powered airplane to or from a primary airport must operate at or above the designated floors while within the lateral limits of Class B airspace – See at least pg. 4; Aircraft Speed. Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C airspace area at an indicated airspeed of more than 200 knots (230mph) – See at least pg. 8)
In summary, Villa discloses determining a network of skylanes for a eVTOL to travel based on vehicle data and environmental data. Villa does not explicitly teach first aircraft track data indicative of locations traveled by aircraft having operating parameters in a range that excludes a type of aircraft larger or faster than the eVTOL. However, FAA.GOV discloses the classes of airspace and the rules which govern their use. Within the guidelines of FAA certain airspaces, e.g., Class B and Class C, are for specific uses. In the case of Class B airspace, large aircraft, such as those with large turbine engines, must operate within that airspace. While, civil aircrafts cannot operate within that airspace, unless authorized by ATC. Similarly, Class C aircraft can only operate at speeds below 200 knots. While commercial, e.g., passenger aircraft, can operate below 200 knots while taking off and landing, their primary operating airspeed is higher1. Thus, the different Classes of airspace indicate locations traveled by aircraft having operating parameters in a range that excludes a type of aircraft that is larger or faster than certain aircraft. As shown in Fig. 1 of Villa the eVTOL is not an aircraft that would operate in Class B. Thus, in order to operate in US controlled airspace, Villa would be required to identify the various airspace Classes and then exclude any Classes that the eVTOL is not legally allowed to fly in.
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the dynamic aircraft routing of Villa to provide for the airspace Classes, as taught in FAA.GOV, to follow the legal and operational restrictions of controlled airspaces.
Regarding claim 2, Villa does not explicitly teach, but FAA.GOV further teaches:
computing the skylane route data to track with the first aircraft track data (Controlled Airspace. A generic term that covers the different classification of airspace (Class A, Class B, Class C, Class D, and Class E airspace) and defined dimensions within which air traffic control service is provided to IFR flights and to VFR flights in accordance with the airspace classification. – See at least pg. 1; Unless otherwise authorized by ATC, each person operating a large turbine engine‐powered airplane to or from a primary airport must operate at or above the designated floors while within the lateral limits of Class B airspace – See at least pg. 4; Aircraft Speed. Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C airspace area at an indicated airspeed of more than 200 knots (230mph) – See at least pg. 8)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the dynamic aircraft routing of Villa to provide for the airspace Classes, as taught in FAA.GOV, to follow the legal and operational restrictions of controlled airspaces.
Regarding claim 3, Villa further teaches:
computing the skylane route data to avoid restricted zones, the restricted zones based on second aircraft track data, the second aircraft track data indicative of locations traveled by aircraft having operating parameters in a range that includes the type of aircraft larger or faster than the eVTOL. (Accordingly, the cost module 1210 accesses data sets for use in the cost determination from the datastores 1230. The data sets include one or more of historical aircraft track data, terrain altitude data, obstacle/building height and location data, noise maps, population data (e.g., census blocks), backup landing site data, airspace classes and other relevant boundary data (e.g., Mode-C veil, special use airspace, military operations area, sensitive sites), or road and rail infrastructure – See at least ¶ [0109])
Regarding claim 4, Villa further teaches:
wherein: the airspace data comprises restricted zone data defining portions of the particular geographic area that are unavailable for the eVTOL aircraft travel; and (The data sets include one or more of historical aircraft track data, terrain altitude data, obstacle/building height and location data, noise maps, population data (e.g., census blocks), backup landing site data, airspace classes and other relevant boundary data (e.g., Mode-C veil, special use airspace, military operation area, sensitive sites), or road and rail infrastructure – See at least ¶[0109])
computing the skylane route data for the particular skylane comprises determining the plurality of waypoints in three-dimensional space relative to the restricted zone data. (Once the source network of paths or routes is created, the cost module 1210 assigns a cost for traversing each edge. Accordingly, the cost module 1210 accesses data sets for use in the cost determination from the datastores 1230 – See at least ¶ [0109]; Examiner notes that the edges bound the skylanes and a high cost would be associated with a restricted area, e.g., building or military operation area, and thus they would not be traveled through.)
Regarding claim 5, Villa further teaches:
wherein the restricted zone data comprises location data associated with takeoff and landing paths for other aircraft operating in the particular geographic area. (In one embodiment, skylanes going in the same direction at a same altitude are positioned a minimum distance (e.g., 50 feet) apart from each other. Additionally, skylanes traveling in opposite directions at the same altitude are positioned a minimum distance (e.g., 1000 feet) apart from each other as shown in Fig. 11B – See at least ¶ [0105]; Examiner notes that by creating minimum travel distances between aircraft the system is creating restricted zones associated with the takeoff and landing path of other aircraft operating in the same skylane, i.e., geographic area.)
Regarding claim 7, Villa further teaches:
wherein the skylane route data for the particular skylane comprises a plurality of altitude profiles associated with the plurality of waypoints in three-dimensional space. (An example of an optimized network of flight paths or skylanes is shown in FIG. 11A and an example skylane layout is shown in FIG. 11B. Because skylanes (shown as lines in FIG. 11A) are designated at different altitudes, the skylanes can cross over each other as shown in FIG. 11A. Additionally, aircraft can transition from one skylane to another skylane. Skylanes can be generated to accommodate one or more aircraft in one or more directions – See at least ¶ [0105] and [0108])
Regarding claim 8, Villa further teaches:
wherein the network of available skylanes including the skylane route data for the particular skylane comprises a directed graph representation of nodes and edges, the first vertiport location and the second vertiport location corresponding to nodes within the directed graph representation. (Once the cost for traversal of each edge is assigned, the cost module 1210 determines a lowest or minimum cost path between each relevant origin and destination. In one embodiment, Dijkstra’s algorithm is used to determine the minimum cost paths. However, other algorithms that compute a minimum cost between any two points a graph can be used – See at least ¶ [0115] and [0132])
Regarding claim 9, Villa further teaches:
further comprising: generating visual content for presentation via a map-based user interface, the visual content comprising the directed graph representation of the particular skylane; and (An aggregation of the generated operational volumes (e.g., segments of volume for the route) forms the operations volume for the entire route. In some embodiments, the operations volumes are visualized in graphs that are displayed to various entities – See at least ¶ [0128])
initiating presentation of the visual content comprising the directed graph representation of the particular skylane on the map-based user interface. (For example, the operations volume can be shown to a local and/or remote pilot of an aircraft flying along an optimized route – See at least ¶ [0128])
Regarding claim 10, Villa further teaches:
further comprising: computing a route assessment of the network of available skylanes including the particular skylane, wherein the route assessment is configured to evaluate an operating constraint for respective skylanes of the network of available skylanes relative to parameter data associated with the particular geographic area; and (The network creation module 1205 manages the creation of a source network of flight paths or routes. The source network represents nearly a complete set of all possible flight paths between any two points (e.g., vertiports or hubs) given constraints. In example embodiments, the network creation module 1205 selects a set of nodes and generates segments of a flight path between pairs of the nodes. These nodes may be spaced (e.g., uniformly) in a grid pattern that is repeated regularly for different altitude bands – See at least ¶ [0108]; The constraint parameters are received (or accessed) as a file containing constraints. The constrain parameters comprise one or more of minimum and maximum number of vertices per polygon, minimum and maximum number of individual volumes per operations volume, minimum and maximum number of individual volume duration, and/or maximum bounding box dimensions – See at least ¶ [0141])
activating a subset of the nodes and edges within the directed graph representation as available for the eVTOL aircraft travel based at least in part on the route assessment. (The network creation module 1205 also selects or creates a set of edges that connect subsets of the nodes – See at least ¶ [0108]; Examiner notes that these subsets are created by the network creation module 1205 given constraints, i.e., based on route assessment.)
Regarding claim 11, Villa further teaches:
wherein the parameter data comprises noise data defining a visual noise level or an audible noise level for aircraft operation in the particular geographic area. (Each candidate route 400A, 400B, and 400C is calculated based on network and environmental parameters and objectives, such as the presence and location of other VTOL hubs, current locations of other VTOL aircraft 220, planned routes of other VTOL aircraft 220, predetermined acceptable noise levels and current and predicted weather between Hub A 405 and Hub B 410, and localized weather (e.g., sudden down bursts, localized hail, lightening, unsteady wind conditions) in the vicinity of the planned routes – See at least ¶ [0056])
Regarding claim 12, Villa further teaches:
wherein the parameter data comprises weather data defining a temperature, a pressure, a wind condition, or a visibility condition associated with the particular geographic area. (Each candidate route 400A, 400B, and 400C is calculated based on network and environmental parameters and objectives, such as the presence and location of other VTOL hubs, current locations of other VTOL aircraft 220, planned routes of other VTOL aircraft 220, predetermined acceptable noise levels and current and predicted weather between Hub A 405 and Hub B 410, and localized weather (e.g., sudden down bursts, localized hail, lightening, unsteady wind conditions) in the vicinity of the planned routes – See at least ¶ [0056])
Regarding claim 13, Villa further teaches:
wherein computing the skylane route data for the particular skylane comprises:
computing first skylane route data defining a first plurality of waypoints for travel in a first direction from the first vertiport location to the second vertiport location; and (Skylanes can be generated to accommodate one or more aircraft in one or more directions. In one embodiment, skylanes going in the same direction at a same altitude are positioned a minimum distance (e.g., 50 feet) apart from each other – See at least ¶ [0105])
computing second skylane route defining a second plurality of waypoints for travel in a second direction from the second vertiport location to the first vertiport location. (Additionally, skylanes traveling in opposite directions at the same altitude are positioned a minimum distance (e.g., 1000 feet) apart from as shown in Fig. 11B – See at least ¶ [0105]; The skylanes consists of multiple 3-D waypoints between a origin and destination, i.e., a first and second vertiport. The invention provides for travel between the origin and destination in two different directions, i.e., a first and second direction.)
Regarding claim 14, Villa further teaches:
wherein the directed graph representation of the particular skylane comprises directed edges associated with: (i) the first direction of travel from the first vertiport location to the second vertiport location, and (ii) the second direction of travel from the second vertiport location to the first vertiport location. (The network creation module 1205 manages the creation of a source network of flight paths or routes. The source network represents nearly a complete set of all possible flight paths between any two points (e.g., vertiports or hubs) given constraints. In example embodiments, the network creation module 1205 selects a set of nodes and generates segments of a flight path between pairs of the nodes. These nodes may be spaced (e.g., uniformly) in a grid pattern that is repeated regularly for different altitude bands. The network creation module 1205 also selects or creates a set of edges that connect subsets of the nodes – See at least ¶ [0108]; Examiner notes that the edges are created to connect nodes, this would include nodes for the opposite and/or same direction of flight as presented ¶ [0105])
Regarding claim 15, Villa further teaches:
further comprising: before adding the skylane route data for the particular skylane to the network of available skylanes, implementing a flight simulation of a simulated eVTOL aircraft traveling on the particular skylane. (The transport network planning system 210 assists in the planning and design of the transport network. In one embodiment, the transport network planning system 110 estimates demand for transport services, suggests locations for VTOL hubs to meet that demand, and simulates the flow of riders and VTOL aircraft between hubs to assist in network planning, i.e., prior to adding the skylane route data to the network – See at least ¶ [0036])
Regarding claim 16, Villa further teaches:
comprising: computing a type of eVTOL aircraft designated for travel on the particular skylane; and (The transport network coordination system 215, which is a platform on which multiple carriers and multiple types of VTOL aircraft can operate in an example embodiment, receives the registration request when, for example, a VTOL aircraft 220 goes online and is ready to provide services on the network. The request can include unique vehicle identification (VID) and data indicative of the vehicle type and/or operator information – See at least ¶ [0061] transport network coordination system 215 can also)
storing metadata indicative of the type of eVTOL aircraft designated for travel on the particular skylane with the skylane route data added to the network of skylanes. (In one embodiment, a vehicle (e.g., aircraft) configuration performance can be taken into consideration as well. For example, if the aircraft flies vertically (e.g., a VTOL), it may not need as large of volume to fly in. As such, the volume can be reduced around the configuration performance since the aircraft is good at climbing vertically. As such, the volume generation process can build static volume around routes but can also create volumes that are appropriate around aircraft type to match its profile instead of being bigger to encompass more possibilities. In one case, the vehicle configuration performance is incorporated by way of the route (e.g., skylane) assigned to the vehicle based on its configuration performance – See at least ¶ [0123])
Regarding claim 17, Villa further teaches:
comprising: computing a speed for eVTOL aircraft travel on the particular skylane; and (In addition, the VTOL aircraft 220 may include one or more onboard sensors 920. The one or more onboard sensors 920 collect operational data of the VTOL aircraft 220, including noise data, and provide the operational data to the computer system for processing. Onboard sensors 920 may additionally or alternatively be configured to measure other operational data such as speed and direction of the VTOL aircraft 220 – See at least ¶ [0093])
storing metadata indicative of the speed for eVTOL aircraft travel on the particular skylane with the skylane route data added to the network of skylanes. (The noise profile data may be used to determine one or more estimates of noise levels along a candidate route. For example, for a given speed or engine power level, RPM, ambient moisture temperature, and a given altitude, the noise profile may determine the estimated noise impact to the geographic area on the ground, surrounding buildings, hubs, and adjacent air vehicles. Additionally or alternatively, the noise profile may receive as input an operational noise level for the VTOL aircraft 220 (the level being selected based on meeting a maximum noise impact), and the noise profile can provide a performance level (including airspeed, altitude, passenger capacity, etc.) that can be used for optimizing the routing – See at least ¶ [0064] and [0090])
Regarding claim 18, Villa further teaches:
wherein deploying a particular eVTOL aircraft to travel on the particular skylane upon selection of the particular skylane from the network of available skylanes comprises: accessing trip request data defining a trip request for passenger travel between an origin location and a destination location; and (The client devices 240 are computing devices with which users may arrange transport services within the trans port network. Although three client devices 240 are shown in FIG. 2, in practice, there may be many more (e.g. , thousands or millions) client devices connected to the network 270. In one embodiment, the client devices 240 are mobile devices (e.g., smartphones, tablets) running an application for arranging transport services. A user provides a pickup location and destination within the application and the client device 240 sends a request for transport services to the transport services coordination system 215 – See at least ¶ [0043])
selecting the particular skylane from the network of available skylanes for servicing at least a portion of the trip request. (At operation 520, the transport network coordination system 215 receives a request to route the VTOL aircraft 220 from a first location to a second location. In one embodiment, the routing request is generated in response to receiving a request from a user through the client device 240 for transportation from an origin location to a destination location. The transport network coordination system 215 identifies hubs corresponding to the first and second locations, which may define an intermediary leg of the transport from the origin location to the destination location. For example, the transport may include a first leg in which the user is transported from an origin location to a first hub via a first ground-based vehicle or on foot, a second leg in which the user is transported from the first hub to a second hub via a VTOL aircraft 220, and a third leg in which the user is transported from the second hub to a destination location via a second ground-based vehicle or on foot. The transport network coordination system 215 can provide the determined first and second locations to the candidate route selection module 315 for computing candidate routes between the locations – See at least ¶ [0062])
Regarding claim 21,
computing a plurality of waypoints of the skylane route data to be within a threshold distance of a previously flown aircraft track of the first aircraft track data.
Regarding claim 22, Villa does not explicitly teach, but FAA.GOV further teaches:
wherein the range excludes a type of aircraft larger than the eVTOL. (Controlled Airspace. A generic term that covers the different classification of airspace (Class A, Class B, Class C, Class D, and Class E airspace) and defined dimensions within which air traffic control service is provided to IFR flights and to VFR flights in accordance with the airspace classification. – See at least pg. 1; Unless otherwise authorized by ATC, each person operating a large turbine engine‐powered airplane to or from a primary airport must operate at or above the designated floors while within the lateral limits of Class B airspace – See at least pg. 4; Aircraft Speed. Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C airspace area at an indicated airspeed of more than 200 knots (230mph) – See at least pg. 8)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the dynamic aircraft routing of Villa to provide for the airspace Classes, as taught in FAA.GOV, to follow the legal and operational restrictions of controlled airspaces.
Regarding claim 23, Villa does not explicitly teach, but FAA.GOV further teaches:
wherein the range excludes a type of aircraft faster than the eVTOL. (Controlled Airspace. A generic term that covers the different classification of airspace (Class A, Class B, Class C, Class D, and Class E airspace) and defined dimensions within which air traffic control service is provided to IFR flights and to VFR flights in accordance with the airspace classification. – See at least pg. 1; Unless otherwise authorized by ATC, each person operating a large turbine engine‐powered airplane to or from a primary airport must operate at or above the designated floors while within the lateral limits of Class B airspace – See at least pg. 4; Aircraft Speed. Unless otherwise authorized or required by ATC, no person may operate an aircraft at or below 2,500 feet above the surface within 4 nautical miles of the primary airport of a Class C airspace area at an indicated airspeed of more than 200 knots (230mph) – See at least pg. 8)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the dynamic aircraft routing of Villa to provide for the airspace Classes, as taught in FAA.GOV, to follow the legal and operational restrictions of controlled airspaces.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Villa, as applied to claim 4, and in further view of FAA.gov (Aeronautical Information Manual, “FAA”)
Regarding claim 6, Villa discloses that boundaries, i.e., restricted zones, may be placed around special use airspace (¶ [0109]). Villa does not explicitly teach that the special use airspace is a no-fly zone designated by a regulating body of airspace associated with the eVTOL aircraft travel. However, FAA discloses special use airspace and teaches:
wherein the restricted zone data comprises a no-fly zone designated by a regulating body of airspace associated with the eVTOL aircraft travel. (Special use airspace (SUA) consists of that airspace wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. SUA areas are depicted on aeronautical charts, except for controlled firing areas (CFA), temporary military operations areas (MOA), and temporary restricted areas. Prohibited and restricted areas are regulatory special use airspace and are established in 14 CFR Part 73 through the rulemaking process. Warning areas, MOAs, alert areas, CFAs, and national security areas (NSA) are nonregulatory special use airspace. Special use airspace descriptions (except CFAs) are contained in FAA Order JO 7400.8, Special Use Airspace. Permanent SUA (except CFAs) is charted on Sectional Aeronautical, VFR Terminal Area, and applicable En Route charts, and include the hours of operation, altitudes, and the controlling agency…Prohibited areas contain airspace of defined dimensions identified by an area on the surface of the earth within which the flight of aircraft is prohibited. Such areas are established for security or other reasons associated with the national welfare. These areas are published in the Federal Register and are depicted on aeronautical charts – See at least §3-4-1 General and §3-4-2 Prohibited Areas)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the dynamic aircraft routing of Villa to provide for the prohibited areas, as taught in FAA, to abide by the rules of flight over special use spaces as defined by law. (At FAA §3-4-1 (b))
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Villa in view of FAA.GOV, as applied to claim 1, and in further view of Plane.org (What is A Commercial Airliner’s Average Cruising Speed in Knots, “Plane.org”)
Regarding claim 24, the combination of Villa and FAA.GOV does not explicitly teach wherein the type of aircraft faster than the eVTOL are configured for travel at airspeeds of greater than about 300 knots. However, Plane.org discloses the average cruising speed of a commercial airliner and teaches:
wherein the type of aircraft faster than the eVTOL are configured for travel at airspeeds of greater than about 300 knots. (In terms of True Airspeed, an airliner will cruise in the neighborhood of 460 kts – See at least pg. 3)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the dynamic aircraft routing of Villa and FAA.GOV to provide for the average commercial airliner speed, as taught in Plane.org, because FAA.GOV considers commercial airliners including their speeds.
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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/C.L.C./Examiner, Art Unit 3662
/ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662
1 “In terms of True Airspeed, an airliner will cruise in the neighborhood of 460 kts.” https://forums.x-plane.org/forums/topic/24719-what-is-a-commercial-airliners-average-cruising-speed-in-knots/