DETAILED ACTION
Receipt is acknowledged of applicant’s argument/remarks filed on March 3, 2026, claims 1-20 are pending and an action on the merits is as follows.
Applicant's arguments with respect to amended claims have been fully considered but are moot in view of the same ground(s) of rejection. Applicant has amended claims 1-6, 10 and 12-20.
Response to Argument
Applicant’s arguments with respect to the amendment of the claims are not persuasive because Villa et al. still disclose the claimed invention. Applicant is kindly invited to consider the Office Action below to view the ground of rejection, cites sections of the reference and Figure 4 annotations.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Villa et al. (US 2019/0340934 A1).
Regarding claim 1, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, the method comprising:
accessing skylane network data indicative of a first plurality of skylanes for eVTOL aircraft travel among a plurality of vertiports (e.g., accessing network and environment data to calculate routes for VTOL travel between hubs (par. 49 and 52) and / or to obtain data regarding the planned routes of VTOL aircraft between the first hub and the second hub (par. 51 and 53) across multiple vertiports (par. 99 and Figure 10). Figure 4 shows multiple calculated routes – 3 or more routes – between Hub A and Hub B, which covers the first plurality of skylanes (par. 56 and Figure 4 below with annotation)),
the skylane network data comprising an operating constraint associated with respective skylanes of the first plurality of skylanes (e.g., network and environment data comprising noise profile for each routes (par. 22), air traffic congestion (par. 56-57) and / or avoiding routes that pass within a threshold distance of (i) other transportation hubs (e.g., airports), (ii) one or more VTOL hubs and (iii) planned routes for a given number of other VTOL aircraft 220 (par. 48));
accessing parameter data indicative of current or expected operating parameters associated with a particular geographic area at a particular travel time (e.g., obtaining environmental factor / data of an area (for instance, type of area, noise level in the area, weather pattern and other data) from a map store 325 (par. 36 and 53) );
computing a route assessment of the first plurality of skylanes, wherein the route assessment is configured to evaluate the operating constraint associated with the respective skylanes relative to the parameter data for the particular geographic area at the particular travel time (e.g., determining route(s) for a VTOL aircraft 220 from a first hub to a second hub based on noise, air traffic congestion and weather data and data regarding the current locations and planned routes of other VTOL aircraft 220 within a threshold distance of the VTOL aircraft 220 (par. 45, 22, 56-57));
activating a second plurality of skylanes as available skylanes for the eVTOL aircraft travel based at least in part on the route assessment (e.g., identifies and select candidate routes for VTOL aircraft to travel between a first hub and a second hub (par. 58-59) that avoids air traffic congestion area / hub (par. 57). Routes 400B and 400C are activated routes for the aircraft to travel that avoids / reduces air traffic congestion at and around Hub D (par. 56-57 and Figure 4 below with annotation), which covers activating a second plurality of skylanes as available skylanes for the eVTOL aircraft travel);
selecting, from among the second plurality of skylanes (e.g., activated routes 400B and 400C that avoids air traffic congestion area / hub (par. 57) ), a selected skylane (e.g., route 400C is selected for the VTOL aircraft 220 (par. 59 and 70) as it has the shorter total distance to a destination Hub B (410) than candidate route 400B and avoid area of low predetermined acceptable noise level (par. 59 and Figure 4) )
Note: activating a subset of skylanes can include activating one or more segments of a skylane (Spec. Pub.: par. 185).
deploying a particular eVTOL aircraft to travel on the selected skylane (e.g., the VTOL aircraft travel between the first hub and second hub based on selected candidate route (par. 52 and 70) – for instance, route 400C).
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Regarding claim 2, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein activating the second plurality of skylanes as available skylanes for the eVTOL aircraft travel comprises closing a particular skylane of the plurality of skylanes that violates the operating constraint relative to the parameter data (e.g., (i) avoid route with air traffic congestion (par. 56-57) and (ii) “avoiding routes through areas in which the predetermined acceptable noise level is low or routes that pass within a threshold distance of planned routes for a number of other VTOL aircraft” (par. 22), which covers closing particular skylane of the plurality of skylanes that violates the operating constraint relative to the parameter data).
Regarding claim 3, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein activating the second plurality of skylanes as available skylanes for the eVTOL aircraft travel comprises opening a particular skylane of the plurality of skylanes that satisfies the operating constraint relative to the parameter data (e.g., (i) implement routes that avoid air traffic congestion (par. 56-57) – for instance, routes 400B and 400C and (ii) “select a candidate route that has the earliest estimated time of arrival at the destination hub and that does not exceed a threshold noise level at any point along the route” (par. 22) which covers opening a particular skylane of the plurality of skylanes that satisfies the operating constraint relative to the parameter data ).
Regarding claim 4, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the skylane network data comprises
a directed graph representation of nodes and edges (e.g., select / create a set of edges that connect subsets of nodes (par. 108)), the plurality of vertiports corresponding to the nodes of the directed graph representation, and the first plurality of skylanes corresponding to the edges of the directed graph representation (e.g., Figures 4 and 10 show multiple hubs / vertiports comprising nodes and edges connecting subset of the nodes (par. 108 and Figures 4 and 10)); and
activating the second plurality of skylanes as available skylanes for the eVTOL aircraft travel based at least in part on the route assessment comprises activating a subset of the nodes and edges within the directed graph representation as available skylanes for the eVTOL aircraft travel (e.g., identifies and select candidate routes for VTOL aircraft travel between a first hub and a second hub (par. 52 and 59) that (i) avoid route with air traffic congestion (par. 56-57) and (ii) do not exceed a threshold noise level at any point along the route (par. 22) based on the set of edges that connect subsets of nodes (par. 108). For instance, routes 400B and 400C are activated routes for the aircraft to travel that avoids / reduces air traffic congestion at and around Hub D (par. 56-57 and Figure 4 above with annotation).
Regarding claim 5, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein activating the second plurality of skylanes as available skylanes for the eVTOL aircraft travel comprises:
computing a segment of the second plurality of skylanes that satisfies the operating constraint relative to the parameter data (e.g., determining route(s) for a VTOL aircraft 220 from a first hub to a second hub based on air traffic congestion , noise and weather data and data regarding the current locations and planned routes of other VTOL aircraft 220 within a threshold distance of the VTOL aircraft 220 (par 56-57, 45, 22)); and
activating the segment of the second plurality of skylanes as available for the eVTOL aircraft travel (e.g., identifies and select candidate routes for VTOL aircraft travel between a first hub and a second hub (par. 52 and 59) that (i) avoid route with air traffic congestion (par. 56-57) and (ii) do not exceed a threshold noise level at any point along the route (par. 22). For instance, routes 400B and 400C are activated routes for the aircraft to travel that avoids / reduces air traffic congestion at and around Hub D (par. 56-57 and Figure 4 above with annotation), which covers activating the segment of the second plurality of skylanes as available for the eVTOL aircraft travel).
Regarding claim 6, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft wherein activating the second plurality of skylanes as available skylanes for the eVTOL aircraft travel comprises:
computing an altitude profile of the second plurality of skylanes that satisfies the operating constraint relative to the parameter data (e.g., determining altitude performance level that can be used to optimize the routing based on noise impact to a geographic area (par. 90 and 64) ); and
activating the altitude profile of the second plurality of skylanes as available for the eVTOL aircraft travel (e.g., using the determined altitude performance level (par. 90 and 64), identify and select candidate routes for VTOL aircraft travel between a first hub and a second hub (par. 52 and 59) that (i) avoid route with air traffic congestion (par. 56-57) and (ii) do not exceed a threshold noise level at any point along the route (par. 22)).
Regarding claim 7, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the parameter data comprises location parameter data defining takeoff and landing paths for other aircraft operating in the particular geographic area (e.g., Figure 4 shows multiple hubs locations where other VTOL aircrafts taking off and landing (par. 57 and 41 and Figure 4)).
Regarding claim 8, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the parameter data comprises noise level data defining or an audible noise level determined for the particular geographic area (e.g., collect real noise data at vertiport and ground based infrastructure via microphone (par. 27 and 29), which covers audible noise level determined for the particular geographic area) .
Regarding claim 9, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the parameter data comprises weather data defining of at least one of e.g., weather conditions resulting in wind conditions which significantly alter the way aircraft land and depart from vertiports at a urban area/ geographic area (par. 79)).
Regarding claim 11, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the parameter data comprises runway use data indicative of current runways in use at an aircraft facility within the particular geographic area (e.g., For example, a hub in a central location with a large amount of rider throughput may include sufficient infrastructure (runway) for sixteen (or more) VTOL aircraft 220 to simultaneously (or almost simultaneously) take off or land (par. 41 and 23)).
Regarding claim 12, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the operating constraint associated with respective skylanes of the first plurality of skylanes comprises a type of eVTOL aircraft designated for travel on the respective skylanes of the plurality of skylanes (e.g., multiple types of VTOL aircraft operates to provide services on the network (par. 61 and 39) ).
Regarding claim 13, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the operating constraint associated with respective skylanes of the first plurality of skylanes comprises a speed for eVTOL aircraft designated for travel on the respective skylanes of the first plurality of skylanes (e.g., speed of the operating aircraft meeting generated route characteristic (par. 91 and 97)).
Regarding claim 14, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the operating constraint associated with respective skylanes of the first plurality of skylanes comprises a noise limit defining a threshold visual noise level or a threshold audible noise level established for the particular geographic area (e.g., environment factor comprising predetermined acceptable noise level (par. 36, 47) / threshold noise level (par. 53)).
Regarding claim 15, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the operating constraint associated with respective skylanes of the first plurality of skylanes comprises a weather condition limit defining an acceptable level of or e.g., unfavorable weather condition such a high wind gust or forces (par. 48, 56 and 79)).
Regarding claim 16, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein:
the computing of the route assessment and the activating of the second plurality of skylanes are implemented in a first iteration based on predicted parameter data for the particular geographic area at the particular travel time (e.g., calculate candidate routes for VTOL travel based on one or more selected parameters and/or objectives (par. 49); for instance, 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, predicted weather between Hub A 405 and Hub B 410 (par. 56)); and
the computing of the route assessment and the activating of the second plurality of skylanes are implemented in a second iteration based on real-time parameter data for the particular geographic area at the particular travel time (e.g., calculate the shortest and longest total distance for each candidate routes 400A, 400B, and 400C, their respective acceptable noise level and air traffic congestion (par. 57-59, which cover real-time parameter data for the particular geographic area at the particular travel time ).
Regarding claim 17, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the selecting comprises:
accessing trip request data defining a trip request for passenger travel between an origin location and a destination location (e.g., receive sets of service data representing requests for transportation services from the client devices 240 (par. 38)); and
selecting the selected skyline for servicing at least a portion of the trip request based on optimizing a cost function over the second plurality of skylanes (e.g., selecting a route that has the earliest estimated time of arrival at the destination hub and that does not exceed a threshold noise level at any point along the route (par. 22, 53) based on the request from a user through the client device (par. 62) from routes 400B and 400C).
Claim 18, Villa et al. disclose a dynamic aircraft routing method for a vertical take-off and landing (VTOL) aircraft, wherein the skylane network data indicative of the first plurality of skylanes for eVTOL aircraft travel among a plurality of vertiports (Figures 4 and 10 show multiple hubs / vertiports for VTOL aircrafts (par. 56-57 and 99 and Figures 4 and 10) ) comprises a directed graph representation of nodes and edges (e.g., Figures 4 and 10 show multiple hubs / vertiports comprising nodes and edges connecting subset of the nodes (par. 108 and Figures 4 and 10)).
Regarding claim 19, Villa et al. disclose a non-transitory machine-readable storage medium / storage device for storing instructions and be executed by computer / processor for a dynamic aircraft routing of a vertical take-off and landing (VTOL) aircraft (par. 146, 151 ), the instructions comprising:
accessing skylane network data indicative of the first plurality of skylanes for electric vertical takeoff and landing (eVTOL) aircraft travel among a plurality of vertiports (e.g., accessing network and environment data to calculate routes for VTOL travel between hubs (par. 49 and 52) and / or to obtain data regarding the planned routes of VTOL aircraft between the first hub and the second hub (par. 51 and 53) across multiple vertiports (par. 99 and Figure 10). Figure 4 shows multiple calculated routes – 3 or more routes – between Hub A and Hub B, which covers the first plurality of skylanes (par. 56 and Figure 4 above with annotation)),
the skylane network data comprising an operating constraint associated with respective skylanes of the first plurality of skylanes (e.g., network and environment data comprising noise profile for each routes (par. 22), air traffic congestion (par. 56-57) and / or avoiding routes that pass within a threshold distance of (i) other transportation hubs (e.g., airports), (ii) one or more VTOL hubs and (iii) planned routes for a given number of other VTOL aircraft 220 (par. 48));
accessing parameter data indicative of current or expected operating parameters associated with a particular geographic area at a particular travel time (e.g., obtaining environmental factor / data of an area (for instance, type of area, noise level in the area, weather pattern and other data) from a map store 325 (par. 36 and 53));
computing a route assessment of the first plurality of skylanes, wherein the route assessment is configured to evaluate the operating constraint associated with the respective skylanes relative to the parameter data for the particular geographic area at the particular travel time (e.g., determining route(s) for a VTOL aircraft 220 from a first hub to a second hub based on noise, air traffic congestion and weather data and data regarding the current locations and planned routes of other VTOL aircraft 220 within a threshold distance of the VTOL aircraft 220 (par. 45, 22, and 56-57));
activating a second plurality skylanes as available skylanes for the eVTOL aircraft travel based at least in part on the route assessment (e.g., identifies and select candidate routes for VTOL aircraft travel between a first hub and a second hub (par. 52 and 59) that avoids air traffic congestion area / hub (par. 57). Routes 400B and 400C are activated routes for the aircraft to travel that avoids / reduces air traffic congestion at and around Hub D (par. 56-57 and Figure 4 above with annotation), which covers activating a second plurality of skylanes as available skylanes for the eVTOL aircraft travel), wherein the second plurality of skylanes is a subset of the first plurality of skylanes (e.g., Figure 4 shows routes 400B and 400C as activated routes for second plurality of routes which is a subset of the plurality of routes 400A, 400B and 400C (Figure 4 above with annotation) )
selecting, from among the second plurality of skylanes (e.g., activated routes 400B and 400C that avoids air traffic congestion area / hub (par. 57) ), a selected skylane (e.g., route 400C is selected for the VTOL aircraft 220 (par. 59 and 70) as it has the shorter total distance to a destination Hub B (410) than candidate route 400B and avoid area of low predetermined acceptable noise level (par. 59 and Figure 4) )
Note: activating a subset of skylanes can include activating one or more segments of a skylane (Spec. Pub.: par. 185).
deploying a particular eVTOL aircraft to travel on the selected skylane (e.g., the VTOL aircraft travel between the first hub and second hub based on selected candidate route (par. 52 and 70) – for instance, route 400C).
Regarding claim 20, Villa et al. disclose a dynamic aircraft routing of a vertical take-off and landing (VTOL) aircraft system comprising:
one or more processors (e.g., computer / processor 1502 ( par. 146, 151) ); and
one or more non-transitory computer-readable media storing instructions that are executable by the one or more processors to perform operations (e.g., a non-transitory machine-readable storage medium / storage device for storing instructions and be executed by computer / processor for a dynamic aircraft routing of a vertical take-off and landing (VTOL) aircraft (par. 146, 151)), the operations comprising:
accessing skylane network data indicative of the first plurality of skylanes for electric vertical takeoff and landing (eVTOL) aircraft travel among a plurality of vertiports (e.g., accessing network and environment data to calculate routes for VTOL travel between hubs (par. 49 and 52) and / or to obtain data regarding the planned routes of VTOL aircraft between the first hub and the second hub (par. 51 and 53) across multiple vertiports (par. 99 and Figure 10). Figure 4 shows multiple calculated routes – 3 or more routes – between Hub A and Hub B, which covers the first plurality of skylanes (par. 56 and Figure 4 above with annotation)),
the skylane network data comprising an operating constraint associated with respective skylanes of the first plurality of skylanes (e.g., network and environment data comprising noise profile for each routes (par. 22), air traffic congestion (par. 56-57) and / or avoiding routes that pass within a threshold distance of (i) other transportation hubs (e.g., airports), (ii) one or more VTOL hubs and (iii) planned routes for a given number of other VTOL aircraft 220 (par. 48));
accessing parameter data indicative of current or expected operating parameters associated with a particular geographic area at a particular travel time (e.g., obtaining environmental factor / data of an area (for instance, type of area, noise level in the area, weather pattern and other data) from a map store 325 (par. 36 and 53));
computing a route assessment of the first plurality of skylanes, wherein the route assessment is configured to evaluate the operating constraint associated with the respective skylanes relative to the parameter data for the particular geographic area at the particular travel time (e.g., determining route(s) for a VTOL aircraft 220 from a first hub to a second hub based on noise, air traffic congestion and weather data and data regarding the current locations and planned routes of other VTOL aircraft 220 within a threshold distance of the VTOL aircraft 220 (par. 45, 22, and 56-57));
activating a second plurality skylanes as available skylanes for the eVTOL aircraft travel based at least in part on the route assessment (e.g., identifies and select candidate routes for VTOL aircraft travel between a first hub and a second hub (par. 52 and 59) that avoids air traffic congestion area / hub (par. 57). Routes 400B and 400C are activated routes for the aircraft to travel that avoids / reduces air traffic congestion at and around Hub D (par. 56-57 and Figure 4 above with annotation), which covers activating a second plurality of skylanes as available skylanes for the eVTOL aircraft travel), wherein the second plurality of skylanes is a subset of the first plurality of skylanes (e.g., Figure 4 shows routes 400B and 400C as activated routes for second plurality of routes which is a subset of the plurality of routes 400A, 400B and 400C (Figure 4 above with annotation) )
selecting, from among the second plurality of skylanes (e.g., activated routes 400B and 400C that avoids air traffic congestion area / hub (par. 57) ), a selected skylane (e.g., route 400C is selected for the VTOL aircraft 220 (par. 59 and 70) as it has the shorter total distance to a destination Hub B (410) than candidate route 400B and avoid area of low predetermined acceptable noise level (par. 59 and Figure 4) )
Note: activating a subset of skylanes can include activating one or more segments of a skylane (Spec. Pub.: par. 185).
deploying a particular eVTOL aircraft to travel on the selected skylane (e.g., the VTOL aircraft travel between the first hub and second hub based on selected candidate route (par. 52 and 70) – for instance, route 400C).
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 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 of this title, 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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Villa et al. (US 2019/0340934 A1) in view of Lawson (Pub. No.: US 2014/0337130 A1).
Regarding claim 10, Villa et al. failed to specifically disclose wherein the parameter data comprises location data from a user device application associated with or a passenger currently traveling on a particular skylane of the first plurality of skylanes.
However, Lawson teach a method for determining user’s geographical location via smart phone (par. 47) as the user is traveling by an aircraft (par. 122).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the VTOL aircraft’s processor for transporting passenger taught by Villa et al. (par. 31, 146 and 151), such that aircraft’s processor determines user’s geographical location via smart phone as the user is traveling on the aircraft, in view of Lawson, with reasonable expectation of success, since doing so would have achieved the benefit of identifying high-value consumers to which advertising impressions is targeted while user is traveling to a destination (par. 2 and 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Burke et al. (US 2016/0180715 A1) is directed to a method and apparatus for generating flight-optimizing trajectories and a plurality od route constraint selections.
Grimald et al. (US 2023/99990122408 A1) is directed to an aircraft system configured to calculate at least one potential mission trajectory between a geographic point of origin and a geographic point of destination.
THIS ACTION IS MADE FINAL. 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 extension fee 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 Jorge O. Peche whose telephone number is (571)270-1339. The examiner can normally be reached Monday-Friday 8:30 AM - 5:30 PM.
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/J.O.P/ Examiner, Art Unit 3656 /KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
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