Prosecution Insights
Last updated: October 04, 2026
Application No. 18/686,332

AIRCRAFT COLLISION AVOIDANCE METHOD AND DEVICE

Non-Final OA §101§112
Filed
Feb 23, 2024
Priority
Sep 03, 2021 — EU PCT/EP2021/074358 +1 more
Examiner
MUNION, JAMES E
Art Unit
2688
Tech Center
2600 — Communications
Assignee
Flarm Technology AG
OA Round
2 (Non-Final)
76%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
114 granted / 149 resolved
+14.5% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
33 currently pending
Career history
186
Total Applications
across all art units

Statute-Specific Performance

§101
5.8%
-34.2% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 149 resolved cases

Office Action

§101 §112
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 . Response to Amendment This action is responsive to RCE and IDS filed 06/01/2026. Claims 1-3, 5-6, 8-9, 11-16, 18-20, 22, 26, 28 and 30 remain pending. Claim Objections Claim 28 is objected to because of the following informalities: Claim 28 on page 14, line 3 mentions “(is smaller than a bit width of foreign position data”, remove the ‘(‘. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-3, 5-6, 8-9, 11-16, 18-19, 22, 26 and 30 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. Claim 1 recites the limitation "the to-be-broadcasted information". There is insufficient antecedent basis for this limitation in the claim. Claim 6 recites the limitations “the latitude data” and “the longitude data”. There is insufficient antecedent basis for these limitations in the claim. Claim 9 recites the limitations “the latitude data”, “the truncated latitude data”, “the longitude data” and “the truncated longitude data”. There is insufficient antecedent basis for these limitations in the claim. Claim 12 recites the limitations "the encodable longitudinal separation" and “the latitude data”. There is insufficient antecedent basis for these limitations in the claim. Claim 14 recites the limitation "the position data (PD1)". There is insufficient antecedent basis for this limitation in the claim. Claim 18 recites the limitations "the payload section" and “the header section”. There is insufficient antecedent basis for these limitations in the claim. Claim 22 recites the limitations "the memory" and “the to-be-broadcasted information”. There is insufficient antecedent basis for these limitations in the claim. Claim 30 recites the limitations "the memory" and “the to-be-broadcasted information”. There is insufficient antecedent basis for these limitations in the claim. The dependent claims listed above are rejected for depending on a rejected base claim. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 30 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The spec mentions “This computer-program product is - according to another aspect of the invention - stored on a computer-readable medium.”, including “In the described embodiment, this is all done in software (i.e. as a computer program product stored in a flash memory of the control unit) running on the control unit 12…”. This description does not explicitly limit the ‘computer-program product’ to be non-transitory. Under the broadest reasonable interpretation (BRI), ‘a computer program product’ covers forms of transitory propagating signals or a data structure per se and therefore would not be patent-eligible. Transitory media does not fit within recognized categories of statutory subject matter. Therefore, claim 30 is rejected. (See MPEP 2106-2106.01). Allowable Subject Matter Claims 1-3, 5-6, 8-9, 11-16, 18-20, 22, 26 and 30 are objected to as being rejected under 35 USC 112(b), but would be allowable if rewritten to overcome the 112 rejections set forth above; also, claim 28 is objected to due to minor grammatical issues and would be allowable if rewritten in correct grammatical form; finally, claim 30 is further objected to as being rejected under 35 U.S.C. 101, but would be allowable if rewritten to overcome the 101 rejection set forth above. The following is a statement of reasons for the indication of allowable subject matter: Similar to the reasons for allowable subject matter described in nonfinal action dated 08/28/2025, the prior art of record does not expressly teach or render obvious, in the context of the claims taken as a whole, the subject matter of the independent claims. Furthermore, similar to the reasons described in the Written Opinion of the ISA, closest art VARGA as well as Mader fails to teach wherein the broadcast device is configured to generate the data packet in such a way that the data packet comprises a pair cl = (el, ml) with an exponent el being a natural number and with a mantissa ml being a natural number, wherein the pair cl is indicative of a value v1, wherein the mantissa m has a bit width of Nmi and wherein the exponent e has a bit width of Nei, wherein vi=2e1 * (2Nml+ml)- 2Nml and wherein the bit widths Nml and Nel are selected such that a total bit width N1=Nei+Nml of the pair cl is smaller than a total bit width of the value vi. Moreover, modifying the prior art to achieve the claim limitation can only be achieved by hindsight, as no other reference includes these claims limitations. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD MUNION whose telephone number is (571)270-0437. The examiner can normally be reached Monday-Friday 7:30-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAMES E MUNION/Examiner, Art Unit 2687 09/04/2026
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Prosecution Timeline

Feb 23, 2024
Application Filed
Aug 28, 2025
Non-Final Rejection mailed — §101, §112
Jan 28, 2026
Response Filed
Jun 01, 2026
Request for Continued Examination
Jun 03, 2026
Response after Non-Final Action
Sep 10, 2026
Non-Final Rejection mailed — §101, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+23.7%)
2y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 149 resolved cases by this examiner. Grant probability derived from career allowance rate.

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