DETAILED ACTION
This action is in reply to the amendments and arguments filed December 12th, 2025. Claims 1-17 are currently pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claims 1, 4, and 10-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over previously cited of record Long et al. (CN Patent No. 110412869 B), herein after Long, and further in view of Mukai; Hisayuki (JP Pub. No. 2022126967 A), herein after Mukai.
Regarding claim 1, Long teaches [a] flying object tracking method for a flying object tracking system including a ground system and a satellite constellation (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites), wherein the satellite constellation includes a plurality of artificial satellite groups flying on different orbital planes from each other (Long: Para. 0005, teaching that the constellation of satellites includes satellites in both low-orbital and high-orbital planes), wherein the flying object tracking method comprises: detecting, by a detecting satellite, a launch of a flying object, transmitting, by the detecting satellite, via communications with the artificial satellites ahead and behind it on a detecting orbital plane, launch detection information to each of artificial satellites on the detecting orbital plane, wherein the detecting satellite is one of the artificial satellites in the satellite constellation and the detecting orbital plane is the orbital plane of the detecting satellite (Long: Para. 0005, teaching that when a satellite detects the launch of a missile the other satellites are used to confirm the missile has launched and its position), under a condition where a source satellite flies on the detecting orbital plane in a communication range with a via-orbital plane that passes above the ground system, transmitting, by the source satellite, the launch detection information to a target satellite, wherein the source satellite is one of the artificial satellites on the detecting orbital plane and the target satellite is one of the artificial satellites on the via-orbital plane, transmitting, by the target satellite, the launch detection information to each of the artificial satellites on the via-orbital plane via communications with the artificial satellites ahead and behind it on the via-orbital plane (Long: Para. 0005 and 0157, teaching multiple satellites that are in communication with each other that share information on the launched missile), transmitting, by an air-to-ground satellite, the launch detection information to the ground system, wherein the air-to-ground satellite is one of the artificial satellites on the via-orbital plane (Long: Para. 0005, teaching that when a satellite detects the launch of a missile the other satellites are used to confirm the missile has launched and its position).
Long does not explicitly teach that the satellites forms a plurality of orbital planes with azimuth components of normal vectors being distributed in a longitude direction relative to each other, each of the artificial satellite groups is made up of a plurality of artificial satellites that fly in an inclined orbit of an own orbital plane of the plurality of orbital planes, such components of normal vectors are usually inherent within these orbital planes; nonetheless, such components are well known directional vectors within orbital planes for identifying a desired direction and it would have been obvious to include these vectors for identifying relative positions of the artificial satellites with respect to the Earth.
Long is silent to wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Mukai teaches wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust (Mukai: Para. 0059, teaching a missile tracking system that uses satellites to track a missile during a post-boost phase; and Para. 0060, teaching that the missile tracking system tracks the missile while it is performing intermittently re-injecting thrust mid-flight) for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long to work on missiles that are making minor adjustments to their trajectories in a post-boost phase, as taught by Mukai, for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
Regarding claim 4, Long teaches [a] flying object tracking method for a flying object tracking system including a ground system and a satellite constellation (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites), wherein the satellite constellation includes a plurality of artificial satellite groups flying on different orbital planes from each other (Long: Para. 0005, teaching that the constellation of satellites includes satellites in both low-orbital and high-orbital planes), wherein the flying object tracking method comprises: monitoring, by a monitoring satellite, a flying object, transmitting, by the monitoring satellite, via communications with the artificial satellites ahead and behind it on a monitoring orbital plane, flying object information to each of artificial satellites on the monitoring orbital plane, wherein the monitoring satellite is one of the artificial satellites in the satellite constellation and the monitoring orbital plane is the own orbital plane (Long: Para. 0005, teaching that when a satellite detects the launch of a missile the other satellites are used to confirm the missile has launched and its position), under a condition where a source satellite flies on the monitoring orbital plane in a communication range with a via-orbital plane that passes above the ground system, transmitting, by the source satellite, the flying object information to a target satellite, wherein the source satellite is one of the artificial satellites on the monitoring orbital plane and the target satellite is one of the artificial satellites on the via-orbital plane, transmitting, by the target satellite, the flying object information to each of the artificial satellites on the via-orbital plane via communications with the artificial satellites ahead and behind it on the via-orbital plane (Long: Para. 0005 and 0157, teaching multiple satellites that are in communication with each other that share information on the launched missile), and transmitting, by an air-to-ground satellite, the flying object information to the ground system, wherein the air-to-ground satellite is one of the artificial satellites on the via-orbital plane (Long: Para. 0005, teaching that when a satellite detects the launch of a missile the other satellites are used to confirm the missile has launched and its position).
Long does not explicitly teach that the satellites forms a plurality of orbital planes with azimuth components of normal vectors being distributed in a longitude direction relative to each other, each of the artificial satellite groups is made up of a plurality of artificial satellites that fly in an inclined orbit of an own orbital plane of the plurality of orbital planes, such components of normal vectors are usually inherent within these orbital planes; none the less, such components are well known directional vectors within orbital planes for identifying a desired direction and it would have been obvious to include these vectors for identifying relative positions of the artificial satellites with respect to the Earth.
Long is silent to wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Mukai teaches wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust (Mukai: Para. 0059, teaching a missile tracking system that uses satellites to track a missile during a post-boost phase; and Para. 0060, teaching that the missile tracking system tracks the missile while it is performing intermittently re-injecting thrust mid-flight) for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long to work on missiles that are making minor adjustments to their trajectories in a post-boost phase, as taught by Mukai, for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
Regarding claim 10, Long and Mukai remain as applied as in claim 1, however they are silent to [t]he flying object tracking method according to claim 1, wherein the satellite constellation includes 12 or more of the artificial satellite groups and forms 12 or more orbital planes, and each of the artificial satellite groups is made up of 15 or more of the artificial satellites.
Long, however, does teach the use of a plurality of satellites in different orbital planes (Long: Para. 0005) for the benefit of having sufficient coverage for a satellite constellation to identify and track targets.
It would have been obvious to one ordinarily skilled in the art before the filing of the application that Long renders obvious the claimed invention as the recited recitation of a minimum of 12 or more artificial satellite groups forming 12 or more orbital planes and that each artificial satellite group has a minimum of 15 or more artificial satellites is merely duplication of parts which does not provide a new or unexpected result. See MPEP 2104.04(VI)(B) “In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.)”.
Regarding claim 11, Long and Mukai remain as applied as in claim 1, and Long goes on to further teach [t]he flying object tracking method according to claim 1, wherein each of the artificial satellites includes an infrared monitoring device pointed to a limb of the earth (Long: Para. 0004, teaching the use of infrared radiation to detect an enemy missile).
Regarding claim 12, Long and Mukai remain as applied as in claim 1, and Long goes on to further teach [a] flying object tracking system that performs the flying object tracking method according to claim 1 (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites).
Regarding claim 13, Long and Mukai remain as applied as in claim 1, and Long goes on to further teach [a] satellite constellation for use with the flying object tracking method according to claim 1 (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites).
Regarding claim 14, Long and Mukai remain as applied as in claim 1, and Long goes on to further teach [a] ground system for use with the flying object tracking method according to claim 1 (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites).
Regarding claim 15, Long and Mukai remain as applied as in claim 1, and Mukai goes on to further teach [t]he flying object tracking method according to claim 1, wherein all of the plurality of orbital planes are Low Earth Orbit (LEO) (Mukai: Para. 0004, teaching that the satellites used in the satellite constellation are all low earth orbit satellites).
Regarding claim 17, Long and Mukai remain as applied as in claim 1, and Mukai goes on to further teach [t]he flying object tracking method according to claim 1, wherein the detecting satellites are plural detecting satellites (Mukai: Para. 0042, teaching that the detection is done by a plurality of satellites in a plurality of orbital planes).
Claims 2, 3, and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Long in view of previously cited of record Assel; Michael (US Pub. No. 20200080821 A1), herein after Assel, and further in view of Mukai.
Regarding claim 2, Long teaches [a] flying object tracking method for a flying object tracking system including a ground system and a satellite constellation to detect a launch of a flying object (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites), wherein the satellite constellation includes a plurality of artificial satellite groups flying on different orbital planes from each other (Long: Para. 0005, teaching that the constellation of satellites includes satellites in both low-orbital and high-orbital planes).
Long does not explicitly teach that the satellites forms a plurality of orbital planes with azimuth components of normal vectors being distributed in a longitude direction relative to each other, each of the artificial satellite groups is made up of a plurality of artificial satellites that fly in an inclined orbit of an own orbital plane of the plurality of orbital planes, such components of normal vectors are usually inherent within these orbital planes; none the less, such components are well known directional vectors within orbital planes for identifying a desired direction and it would have been obvious to include these vectors for identifying relative positions of the artificial satellites with respect to the Earth.
Long is silent to wherein the flying object tracking method comprises, by the ground system: receiving launch detection information indicating a time of launch of the flying object and coordinate values of a launch point of the flying object from the satellite constellation, and deriving a predicted time of landing of the flying object and coordinate values of a predicted point of landing of the flying object based on the launch detection information and on a flight path model indicating a relationship between flight direction, time-series flight distance, and time-series flight altitude, and wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Assel teaches wherein the flying object tracking method comprises, by the ground system: receiving launch detection information indicating a time of launch of the flying object and coordinate values of a launch point of the flying object from the satellite constellation (Assel: Para. 0083, teaching determining the launch time and location of a missile), and deriving a predicted time of landing of the flying object and coordinate values of a predicted point of landing of the flying object based on the launch detection information and on a flight path model indicating a relationship between flight direction, time-series flight distance, and time-series flight altitude (Assel: Para. 0083 and 0084, teaching determining the location where the missile will land based on the launch time, launch position, and the current velocity and position of the missile) for the benefit of improved tracking of a missile.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long with determining the launch location, launch time, landing location, and landing time, as taught by Assel, for the benefit of improved tracking of a missile.
They are silent to wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Mukai teaches wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust (Mukai: Para. 0059, teaching a missile tracking system that uses satellites to track a missile during a post-boost phase; and Para. 0060, teaching that the missile tracking system tracks the missile while it is performing intermittently re-injecting thrust mid-flight) for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long in view of Assel to work on missiles that are making minor adjustments to their trajectories in a post-boost phase, as taught by Mukai, for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
Regarding claim 3, Long teaches [a] flying object tracking method for a flying object tracking system including a ground system and a satellite constellation to detect a launch of a flying object (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites), wherein the satellite constellation includes a plurality of artificial satellite groups flying on different orbital planes from each other (Long: Para. 0005, teaching that the constellation of satellites includes satellites in both low-orbital and high-orbital planes), generating, by the ground system, a monitor command for each of artificial satellites on a monitoring orbital plane that will pass above the predicted point of landing at the predicted time of landing, transmitting, by the ground system, the monitor command to an air-to-ground satellite, wherein the air-to-ground satellite is one of the artificial satellites on a via-orbital plane that passes above the ground system at a time when transmission preparation for the monitor command is completed (Long: Para. 0004, teaching tracking the missile after it is detected and monitoring the location where the missile will land), transmitting, by the air-to-ground satellite, the monitor command to each of artificial satellites on the via-orbital plane via communications with the artificial satellites ahead and behind it on the via-orbital plane (Long: Para. 0005, teaching that when a satellite detects the launch of a missile the other satellites are used to confirm the missile has launched and its position), a condition where a source satellite flies on the via-orbital plane in a communication range with the monitoring orbital plane, transmitting, by the source satellite, the monitor command to a target satellite, wherein the source satellite is one of the artificial satellites on the via-orbital plane and the target satellite is one of the artificial satellites on the monitoring orbital plane, transmitting, by the target satellite, the monitor command to each of the artificial satellites on the monitoring orbital plane via communications with the artificial satellites ahead and behind it on the monitoring orbital plane (Long: Para. 0005 and 0157, teaching multiple satellites that are in communication with each other that share information on the launched missile).
Long does not explicitly teach that the satellites forms a plurality of orbital planes with azimuth components of normal vectors being distributed in a longitude direction relative to each other, each of the artificial satellite groups is made up of a plurality of artificial satellites that fly in an inclined orbit of an own orbital plane of the plurality of orbital planes, such components of normal vectors are usually inherent within these orbital planes; none the less, such components are well known directional vectors within orbital planes for identifying a desired direction and it would have been obvious to include these vectors for identifying relative positions of the artificial satellites with respect to the Earth.
Long is silent to wherein the flying object tracking method comprises: receiving, by the ground system, launch detection information indicating a time of launch of the flying object and coordinate values of a launch point of the flying object from the satellite constellation, deriving, by the ground system, a predicted time of landing of the flying object and coordinate values of a predicted point of landing of the flying object, and wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Assel teaches wherein the flying object tracking method comprises: receiving, by the ground system, launch detection information indicating a time of launch of the flying object and coordinate values of a launch point of the flying object from the satellite constellation, deriving, by the ground system, a predicted time of landing of the flying object and coordinate values of a predicted point of landing of the flying object (Assel: Para. 0083 and 0084, teaching determining the location where the missile will land based on the launch time, launch position, and the current velocity and position of the missile) for the benefit of improved tracking of a missile.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long with determining the launch location, launch time, landing location, and landing time, as taught by Assel, for the benefit of improved tracking of a missile.
They are silent to wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Mukai teaches wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust (Mukai: Para. 0059, teaching a missile tracking system that uses satellites to track a missile during a post-boost phase; and Para. 0060, teaching that the missile tracking system tracks the missile while it is performing intermittently re-injecting thrust mid-flight) for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long in view of Assel to work on missiles that are making minor adjustments to their trajectories in a post-boost phase, as taught by Mukai, for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
Regarding claim 5, Long teaches [a] flying object tracking method for a flying object tracking system including a ground system and a satellite constellation to monitor a flying object (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites), the satellite constellation includes a plurality of artificial satellite groups flying on different orbital planes from each other (Long: Para. 0005, teaching that the constellation of satellites includes satellites in both low-orbital and high-orbital planes).
Long does not explicitly teach that the satellites forms a plurality of orbital planes with azimuth components of normal vectors being distributed in a longitude direction relative to each other, wherein each of the artificial satellite groups is made up of a plurality of artificial satellites that fly in an inclined orbit of an own orbital plane of the plurality of orbital planes, such components of normal vectors are usually inherent within these orbital planes; none the less, such components are well known directional vectors within orbital planes for identifying a desired direction and it would have been obvious to include these vectors for identifying relative positions of the artificial satellites with respect to the Earth.
Long is silent to wherein the flying object tracking method comprises, by the ground system: receiving flying object information indicating a time of flight of the flying object and coordinate values of a flight point of the flying object from the satellite constellation, deriving a predicted flight path of the flying object based on the flying object information, and wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Assel teaches wherein the flying object tracking method comprises, by the ground system: receiving flying object information indicating a time of flight of the flying object and coordinate values of a flight point of the flying object from the satellite constellation (Assel: Para. 0083, teaching determining the launch time and location of a missile), deriving a predicted flight path of the flying object based on the flying object information (Assel: Para. 0083 and 0084, teaching determining the location where the missile will land based on the launch time, launch position, and the current velocity and position of the missile) for the benefit of improved tracking of a missile.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long with determining the launch location, launch time, landing location, and landing time, as taught by Assel, for the benefit of improved tracking of a missile.
They are silent to wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Mukai teaches wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust (Mukai: Para. 0059, teaching a missile tracking system that uses satellites to track a missile during a post-boost phase; and Para. 0060, teaching that the missile tracking system tracks the missile while it is performing intermittently re-injecting thrust mid-flight) for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long in view of Assel to work on missiles that are making minor adjustments to their trajectories in a post-boost phase, as taught by Mukai, for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
Regarding claim 6, Long, Assel, and Mukai remain as applied as in claim 5, and Assel goes on to further teach [t]he flying object tracking method according to claim 5, wherein the ground system derives a predicted time of landing of the flying object and a predicted point of landing of the flying object based on the flying object information and on a flight path model indicating a relationship between flight direction, time-series flight distance, and time-series flight altitude (Assel: Para. 0083 and 0084, teaching determining the location where the missile will land based on the launch time, launch position, and the current velocity and position of the missile).
Regarding claim 7, Long teaches [a] flying object tracking method for a flying object tracking system including a ground system and a satellite constellation to monitor a flying object (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites), wherein the satellite constellation includes a plurality of artificial satellite groups flying on different orbital planes from each other (Long: Para. 0005, teaching that the constellation of satellites includes satellites in both low-orbital and high-orbital planes), generating, by the ground system, a track command for a tracking satellite, wherein the tracking satellite is an artificial satellite on a tracking orbital plane that will pass above a predicted point of landing of the flying object at a predicted time of landing of the flying object, transmitting, by the ground system, the track command to an air-to-ground satellite, wherein the air-to-ground satellite is one of the artificial satellites on a via-orbital plane that passes above the ground system at a time when transmission preparation for the track command is completed (Long: Para. 0004, teaching tracking the missile after it is detected and monitoring the location where the missile will land), transmitting, by the air-to-ground satellite, the track command to each of artificial satellites on the via-orbital plane via communications with the artificial satellites ahead and behind it on the via-orbital plane (Long: Para. 0005, teaching that when a satellite detects the launch of a missile the other satellites are used to confirm the missile has launched and its position), under a condition where a source satellite flies on the via-orbital plane in a communication range with the tracking orbital plane, transmitting, by the source satellite, the track command to a target satellite, wherein the source satellite is one of the artificial satellites on the via-orbital plane and the target satellite is one of the artificial satellites on the tracking orbital plane, and transmitting, by the target satellite, the track command to each of the artificial satellites on the tracking orbital plane via communications with the artificial satellites ahead and behind it on the tracking orbital plane (Long: Para. 0005 and 0157, teaching multiple satellites that are in communication with each other that share information on the launched missile).
Long does not explicitly teach that the satellites forms a plurality of orbital planes with azimuth components of normal vectors being distributed in a longitude direction relative to each other, wherein each of the artificial satellite groups is made up of a plurality of artificial satellites that fly in an inclined orbit of an own orbital plane of the plurality of orbital planes, such components of normal vectors are usually inherent within these orbital planes; none the less, such components are well known directional vectors within orbital planes for identifying a desired direction and it would have been obvious to include these vectors for identifying relative positions of the artificial satellites with respect to the Earth.
Long is silent to wherein the flying object tracking method comprises: receiving, by the ground system, flying object information indicating a time of flight of the flying object and coordinate values of a flight point of the flying object from the satellite constellation, deriving, by the ground system, a predicted flight path of the flying object, and wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Assel teaches wherein the flying object tracking method comprises: receiving, by the ground system, flying object information indicating a time of flight of the flying object and coordinate values of a flight point of the flying object from the satellite constellation, deriving, by the ground system, a predicted flight path of the flying object (Assel: Para. 0083 and 0084, teaching determining the location where the missile will land based on the launch time, launch position, and the current velocity and position of the missile) for the benefit of improved tracking of a missile.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long with determining the launch location, launch time, landing location, and landing time, as taught by Assel, for the benefit of improved tracking of a missile.
They are silent to wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Mukai teaches wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust (Mukai: Para. 0059, teaching a missile tracking system that uses satellites to track a missile during a post-boost phase; and Para. 0060, teaching that the missile tracking system tracks the missile while it is performing intermittently re-injecting thrust mid-flight) for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long in view of Assel to work on missiles that are making minor adjustments to their trajectories in a post-boost phase, as taught by Mukai, for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
Regarding claim 8, Long, Assel, and Mukai remain as applied as in claim 7, and Assel goes on to further teach [t]he flying object tracking method according to claim 7, wherein the ground system derives the predicted time of landing and the predicted point of landing based on the flying object information and on a flight path model indicating a relationship between flight direction, time-series flight distance, and time-series flight altitude (Assel: Para. 0083 and 0084, teaching determining the location where the missile will land based on the launch time, launch position, and the current velocity and position of the missile).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Long in view of Mukai as applied in claim 1, and further in view of Assel.
Regarding claim 16, Long and Mukai remain as applied as in claim 1, however they are silent to [t]he flying object tracking method according to claim 1, further comprising controlling one or more countering assets to intercept the flying object based on the derived predicted time of landing of the flying object and coordinate values of the predicted point of landing of the flying object.
In a similar field, Assel teaches [t]he flying object tracking method according to claim 1, further comprising controlling one or more countering assets to intercept the flying object based on the derived predicted time of landing of the flying object and coordinate values of the predicted point of landing of the flying object (Assel: Para. 0083 and 0084, teaching determining the location and time where the missile will land based on determining where the missile launched from and determining the launch time of the missile; and Para. 0003, teaching that the characteristics of the launch missile are used to initiate appropriate countermeasures) for the benefit of defending against hostile missile strikes.
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the applicant’s claimed invention to modify the missile detecting and tracking system from Long in view of Mukai to have a countermeasure in place that responds based on the detection and tracking of the missile, as taught by Assel, for the benefit of defending against hostile missile strikes.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Long in view of Assel in further view of previously cited of record Warren; Michael C. (US Pub. No. 20110127328 A1), herein after Warren, and further in view of Mukai.
Regarding claim 9, Long teaches [a] flying object tracking method for a flying object tracking system including a ground system and a satellite constellation to monitor a flying object (Long: Para. 0005, teaching a space reconnaissance and surveillance system using a ground station and a constellation of satellites), the satellite constellation includes a plurality of artificial satellite groups flying on different orbital planes from each other (Long: Para. 0005, teaching that the constellation of satellites includes satellites in both low-orbital and high-orbital planes), selecting, by the ground system, a tracking orbital plane that will pass above a predicted point of landing of the flying object at a predicted time of landing of the flying object, transmitting, by the ground system, the flying object information to an air-to-ground satellite, wherein the air-to-ground satellite is one of the artificial satellites on a via-orbital plane that passes above the ground system at a time when transmission preparation for the flying object information is completed (Long: Para. 0004, teaching tracking the missile after it is detected and monitoring the location where the missile will land), transmitting, by the air-to-ground satellite, the flying object information to each of artificial satellites on the via-orbital plane via communications with the artificial satellites ahead and behind it on the via-orbital plane (Long: Para. 0005, teaching that when a satellite detects the launch of a missile the other satellites are used to confirm the missile has launched and its position), under a condition where a source satellite flies on the via-orbital plane in a communication range with the tracking orbital plane, transmitting, by the source satellite, the flying object information to a target satellite, wherein the source satellite is one of the artificial satellites on the via-orbital plane and the target satellite is one of the artificial satellites on the tracking orbital plane, transmitting, by the target satellite, the flying object information to each of the artificial satellites on the tracking orbital plane via communications with the artificial satellites ahead and behind it on the tracking orbital plane (Long: Para. 0005 and 0157, teaching multiple satellites that are in communication with each other that share information on the launched missile).
Long does not explicitly teach that the satellites forms a plurality of orbital planes with azimuth components of normal vectors being distributed in a longitude direction relative to each other, wherein each of the artificial satellite groups is made up of a plurality of artificial satellites that fly in an inclined orbit of an own orbital plane of the plurality of orbital planes, such components of normal vectors are usually inherent within these orbital planes; none the less, such components are well known directional vectors within orbital planes for identifying a desired direction and it would have been obvious to include these vectors for identifying relative positions of the artificial satellites with respect to the Earth.
Long is silent to receiving, by the ground system, flying object information indicating a time of flight of the flying object and coordinate values of a flight point of the flying object from the satellite constellation, deriving, by the ground system, a predicted flight path of the flying object, and transmitting, by at least any of the artificial satellites on the tracking orbital plane, the flying object information to a countering asset, and wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Assel teaches receiving, by the ground system, flying object information indicating a time of flight of the flying object and coordinate values of a flight point of the flying object from the satellite constellation, deriving, by the ground system, a predicted flight path of the flying object (Assel: Para. 0083 and 0084, teaching determining the location where the missile will land based on the launch time, launch position, and the current velocity and position of the missile) for the benefit of improved tracking of a missile.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long with determining the launch location, launch time, landing location, and landing time, as taught by Assel, for the benefit of improved tracking of a missile.
Long in view of Assel are silent to transmitting, by at least any of the artificial satellites on the tracking orbital plane, the flying object information to a countering asset, and wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Warren teaches transmitting, by at least any of the artificial satellites on the tracking orbital plane, the flying object information to a countering asset (Warren: Para. 0008, teaching that upon detecting a threat being flown into an area, the invention deploys a countermeasure to intercept the threat) for the benefit of preventing damage from the missile.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long in view of Assel with determining the launch location, launch time, landing location, and landing time, as taught by Assel, for the benefit of preventing damage from the missile.
They are silent to wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust.
In a similar field, Mukai teaches wherein the flying object tracking method is performed during a post-boost phase of the flying object whereby the flying object intermittently injects thrust (Mukai: Para. 0059, teaching a missile tracking system that uses satellites to track a missile during a post-boost phase; and Para. 0060, teaching that the missile tracking system tracks the missile while it is performing intermittently re-injecting thrust mid-flight) for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
It would have been obvious to one ordinarily skilled in the art before the filing of the application to modify missile detection and tracking from Long in view of Assel in further view of Warren to work on missiles that are making minor adjustments to their trajectories in a post-boost phase, as taught by Mukai, for the benefit of being able to track and intercept a missile after the initial launch but before the payload scatters.
Response to Arguments
Applicant's arguments filed December 12th, 2025 have been fully considered but they are not persuasive.
Applicant’s arguments, see Remarks, filed December 12th, 2025, with respect to the rejection(s) of claims 1, 4, and 10-14 under 103 in view of Long, claims 2, 3, and 5-8 under 103 in view of Long in view of Assel, and claim 9 under 103 in view of Long in view of Assel in further view of Warren in light of the amendments to the independent claims 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 for claims 1, 4, and 10-14 under 103 in view of Long in further view of Mukai, claims 2, 3, and 5-8 under 103 in view of Long in view of Assel in further view of Mukai, and claim 9 under 103 in view of Long in view of Assel in further view of Warren and further in view of Mukai.
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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/A.K.M./Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663