DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
2. The drawings (FIGS. 1A-49) are objected to because the drawings are not proper black and white drawings, as required by 37 CFR 1.84 and MPEP §608, requiring solid and clear black lines for the purposes of reproduction. All black and gray shadings should be removed.
3. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
a. Claim 2: the “plurality of active phased arrays” and the “three-dimensional phased array”;
b. Claim 7: the “deployable structure”;
c. Claim 8: the “deployable structure having the first antenna disposed thereon”;
d. Claim 22: the “power and data distribution network comprising the autonomous vehicle platform as defined in claim 1, the power and data distribution network further comprising: at least a second autonomous vehicle… and a deployable mesh system comprising a deployable mesh structure for attaching the autonomous vehicle platforms thereto; a plurality of autonomous vehicles for deploying, positioning and holding deployable the mesh structure in the atmosphere or in space; and a power and data distribution interface integrated to the deployable mesh structure for transmitting power and data between the autonomous vehicle platforms”.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
4. Claim 1 is objected to because of the following informalities:
a. Claim 1, line 5: the semi colon after the term “platform” should be replaced with a comma for the purpose of clarity.
b. Claim 1, line 7: the comma after the term “landing” should be replaced with a semicolon for the purpose of clarity.
c. Claim 1, lines 8-9: the limitation “a first antenna and a second antenna in a transceiver configured for transmitting and receiving electromagnetic radiation in one or more bands” is grammatically incorrect and should be rewritten as –a transceiver comprising a first antenna and a second antenna, wherein the first antenna is configured for transmitting electromagnetic radiation in one or more bands, and wherein the second antenna is configured for receiving the electromagnetic magnetic radiation in one or more bands—such that the limitations is grammatically comprehensible and reflective of the applicant’s disclosure.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
6. Claim 2 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
7. Claim 2 indicates that “the first transceiver comprises: an active phased array configured for digital beamforming of the one or more bands; or a three-dimensional phased array configured for digital beamforming of the one or more bands” (emphasis added), however, this is not support by the original disclosure. While the disclosure supports the “first antenna comprises an active phased array for digital beamforming of the one or more bands of electromagnetic radiation. The first antenna comprises an active 3D phased array” (para. [0010 of the specification), however, there is no support for the aforementioned limitation and therefore constitutes new matter.
8. Claim 22 indicates that “A power and data distribution network comprising the autonomous vehicle platform of claim 1, the power and data distribution network further comprising: at least a second autonomous vehicle platform comprising a second transceiver configured for transmitting and receiving the electromagnetic radiation in one or more bands; and a deployable mesh system comprising: a deployable mesh structure for attaching the autonomous vehicle platforms thereto; a plurality of autonomous vehicles for deploying, positioning and holding the deployable mesh structure in the atmosphere or in space; and a power and data distribution interface integrated to the deployable mesh structure for transmitting power and data between the autonomous vehicle platforms.”, however, this is not supported by the original disclosure. There is no explicit or implicit disclosure in that the applicant’s specification that a power and data distribution network comprises the autonomous vehicle platform as recited in claim 1. Accordingly, the aforementioned limitation is new matter.
9. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
10. Claims 2 and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
11. Claim 2 recites the limitation “the first transceiver comprises: an active phased array configured for digital beamforming of the one or more bands; or a three-dimensional phased array configured for digital beamforming of the one or more bands” which renders the claim indefinite, since it is unclear as to exactly how the first transceiver comprises the active phased arrays or three-dimension phased arrays with consideration of the 112(a) rejection above, regarding claim 2. Furthermore, per the applicant’s disclosure the first antenna comprises the active phased arrays or three-dimension phased arrays. Therefore, the claim is indefinite because the claimed subject matter is inconsistent with the applicant’s specification. See MPEP 2173.03. Furthermore, there is insufficient antecedent basis for the limitation “the first transceiver” in the claim.
12. Claim 22 recites the limitation “A power and data distribution network comprising the autonomous vehicle platform of claim 1, the power and data distribution network further comprising: at least a second autonomous vehicle platform comprising a second transceiver configured for transmitting and receiving the electromagnetic radiation in one or more bands; and a deployable mesh system comprising: a deployable mesh structure for attaching the autonomous vehicle platforms thereto; a plurality of autonomous vehicles for deploying, positioning and holding the deployable mesh structure in the atmosphere or in space; and a power and data distribution interface integrated to the deployable mesh structure for transmitting power and data between the autonomous vehicle platforms” which renders the claim indefinite, since it is unclear as to exactly how the power and data distribution network comprising the autonomous vehicle platform of claim 1 with consideration of the 112(a) rejection above, regarding claim 22. Furthermore, as indicated in the prior office action mailed on 02/04/2026, the claimed platform as disclosed does not include or involve a deployment mesh system. For further evidence, see claim 22 of the claims filed on 02/06/2024 which was clearly drawn to a separate claimed invention and a distinct embodiment of the applicant’s disclosure. See MPEP 2173.03. Furthermore, there is insufficient antecedent basis for the limitation “the autonomous vehicle platforms” in the claim.
Allowable Subject Matter
Claims 1, 7-10 and 24 are allowed (note: drawing and claims objections as well as 112(a)/112(b) rejections set forth above must be overcome).
The following is an examiner’s statement of reasons for allowance: the prior art of record does not teach or suggest the invention as claimed, including wherein the at least one rotor or propeller is configured to provide propulsion during takeoff and landing of the autonomous vehicle platform, and at least one inflatable balloon system configured to be fully deflated during takeoff and landing.
By contrast, Heppe (US 2013/0037650 A1) in view of Feria et al. (US 2018/0166779 A1) discloses
an autonomous vehicle platform for relaying electromagnetic radiation, comprising: a hybrid propulsion system comprising: at least one rotor or propeller configured to provide propulsion during flight; and at least one inflatable balloon system configured to be fully inflated during takeoff and landing, a first antenna and a second antenna in a transceiver configured for transmitting and receiving electromagnetic radiation in one or more bands; and a docking interface configured for docking with at least one other autonomous vehicle. However, Heppe in view of Feria et al. fails to mention wherein the at least one rotor or propeller is configured to provide propulsion during takeoff and landing of the autonomous vehicle platform, and wherein the at least one inflatable balloon system configured to be fully deflated during takeoff and landing.
Therefore, alone or in combination with the prior art of record, it would have not been obvious to incorporate prior art which disclose autonomous vehicles platforms including hybrid propulsion systems in the manner as described above without impermissible hindsight.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicants’ arguments filed on 08/04/2026 have been fully considered but they are not persuasive as it pertains to the drawing objections and 112(b) rejections.
Regarding arguments pertaining to the drawing objections, the applicant asserts that the “drawings submitted herewith are in solid black lines and are capable of reproduction”. These arguments are not persuasive. The drawings include solid black and grey shadings which materially degrade the clarity and legibility of the illustrations. As a result, certain structural features and details depicted in the drawings cannot be readily ascertained with sufficient clarity. The drawings must be corrected to provide clear and unambiguous illustrations of the applicant’s disclosure. Per the guidance set forth in 37 C.F.R 1.84, “Solid black shading areas are not permitted, except when used to represent bar graphs or color.”. Accordingly, the objection to drawings is currently being maintained.
Regarding arguments pertaining to the 112(b) rejection of claim 22, the applicant asserts that that this embodiment is shown in FIG. 13A in p. 10-11 of the remarks. These arguments is not persuasive. For example, FIG. 13A includes a mesh system 460 that includes deployable autonomous vehicles e.g., satellites or airship (para. [0155] of the specification. There is no indication that the system requires the hybrid unmanned aerial vehicle 100 which includes a hybrid propulsion system as seen in FIGS. 1A-2A. Furthermore, there is no indication in the applicant’s disclosure, including the original claims filed on 02/06/2024, that the claimed platform includes or involves a deployment mesh system.
As a note, pertaining to the subject matter of claim 22, “Election becomes fixed when the claims in an application have received an action on their merits by the Office. If, after receiving an action on the merits of an invention, one or more properly divisible additional inventions are subsequently presented for examination, the examiner may deem the examined invention to be the invention elected by original presentation. See MPEP § 818.02(a).” Applicant’s election was drawn to an autonomous vehicle platform, however, it appears that the claimed subject matter for claim 22 is including subject matter drawn to non-elected Group III in the restriction requirement mailed on 10/21/2025.
As an additional note, considering the 112(a) rejections for claims 2 and 22, the applicant is required to particularly point out support for all amendments made to the claims in response to this office action. See MPEP 2163.06(I).
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 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 date of this final action.
Any inquiry concerning this or any earlier communication from the examiner should be directed to Examiner Arfan Sinaki, whose telephone number is 571-272-7185. The examiner can normally be reached Monday-Friday from 8:00 am to 6:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Joshua J. Michener can be reached at 571-272-1467. The fax number for the organization to which this application or proceeding is assigned is 571-273-8300.
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/ARFAN Y. SINAKI/ Primary Examiner, Art Unit 3642
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