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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 4 – 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVaul (US 9290258) in view of Behroozi et al. (US 11,254,409).
Regarding claim 1, DeVaul discloses an altitude-controllable solar high-altitude balloon (300), the balloon comprising: a. an envelope (302); b. one or more controllable one-way vents (342) in the envelope, wherein the one or more one-way vents are configured to release and retain hot air (col. 15, lines 54 – 67; col. 16, lines 1 – 9); and c. a control system (312, 318, 324, 326, 332)) for controlling the one-way vent; wherein control of the one or more one-way vents is configured to provide altitude control of the balloon.
DeVaul fails to teach that the one or more one-way vents are configured to be controlled via a timer configured to determine a time of day to actuate the one or more controlled one-way vents. However, Behroozi et al. discloses a high-altitude balloon having an active venting system that is controlled via a timer configured to determine a time of day to actuate the vents (claims 8, 13, and 14 of Behroozi et al.) It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, with reasonable expectation of success, to have used the active venting system controlled via a timer depending on the time of day taught by Behroozi et al. to DeVaul’s balloon in order to provide the control system with more data to better control the balloon.
Regarding claim 2, DeVaul discloses that the control system comprises a power supply (326), a controller (312), a wireless communication device (318), onboard sensors (332) for control and telemetry, and a GPS tracker (col. 13, lines 57 – 67).
Regarding claim 4, DeVaul discloses that the balloon is an infrared (IR) balloon configured to fly night and day (Fig. 4 – the balloon traps infrared radiation; col. 13, lines 12 – 22).
Regarding claim 5, DeVaul discloses that the one or more controllable one-way vents are configured to be more open during the day than in the night, so as to reduce daily altitude variations (Fig. 4 – the sun provides heat to the balloon during the day causing the vents to be more open during the day compared to during the night, in order to maintain a specific altitude).
Regarding claim 6, DeVaul discloses that the balloon is configured to share data with one or more additional balloons (204; Fig. 2 – the balloon network shares data between balloons; col. 11, lines 62 – 67; col. 12, lines 1 – 16).
Regarding claim 7, DeVaul discloses that the balloon is configured to control its altitude based on data from the one or more additional balloons (204; Fig. 2 – the balloon network shares data between balloons; col. 11, lines 62 – 67; col. 12, lines 1 – 16).
Regarding claim 8, DeVaul discloses that the balloon is configured to maintain an altitude above 35,000 feet (col. 12, lines 55 – 60).
Regarding claim 9, DeVaul discloses that the balloon is configured to maintain an altitude of about 50,000-70,000 feet (col. 12, lines 55 – 60).
Regarding claim 10, DeVaul discloses that the one or more one-way vents are configured to be controlled from the balloon (300, Fig. 3) or from a ground station.
Regarding claim 12, DeVaul discloses that the one or more one-way vents are positioned at a center top of the envelope (Fig. 3 – the center top of envelope 302), off-center at a top of the envelope, or a combination thereof.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeVaul as modified by Behroozi et al. and further in view of Palmer (US 2007/0138336).
Regarding claim 3, DeVaul as modified by Behroozi et al., more specifically DeVaul, teaches a control system (312, 318, 324, 326, 332) but fails to disclose that the control system is positioned inside an insulated gondola. However, Palmer teaches a balloon (20) comprising an insulated gondola (30). It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed, with reasonable expectation of success, to include the insulated gondola to DeVaul’s balloon in order to protect the control system of the balloon at higher altitudes.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 – 10 and 12 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/VALENTINA XAVIER/Primary Examiner, Art Unit 3642