DETAILED ACTION
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 .
Election/Restrictions
Applicant's election with traverse of Group/Invention I, claims 1-7, in the reply filed on 9/3/2025 is acknowledged. The traversal is on the ground(s) that “Groups I and II are linked inventions that should be examined together, meaning that claims 8-14 should also be examined at this time”. After review of primary examiner, claims 8-14 will be examined.
Concerning the restriction of Inventions III and IV. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The requirement is still deemed proper and is therefore made FINAL.
Claims 15-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group/Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/3/2025.
Claim Objections
The following claims objected to because of the following informalities: The preamble to claims 1-8, 14 recites “A bird-like robot” or “the bird-like robot”. Recommended to rephrase to remove the “-like” term to avoid possible indefiniteness.
Independent claims 1 and 8 recites “the plurality of sensors” then later recites “the sensors”. Recommend change to “the plurality of sensors” or similar to avoid possible indefiniteness. Dependent claims 3 and 9 are similarly objected to as above.
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.
Claim 4, 8-14 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. The claims will be examined as best understood.
Claim 4 recites “the plurality of sensors further comprises environmental sensors configured to measure temperature, humidity, and air quality.” Not clear from the claim or the specification what would determine air quality. Is this the amount or CO2, carbon monoxide, smoke from wood fires?
Claim 10 recites similar limitations as above and is similarly rejected.
Claim 8 recites the limitation "the robot". There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites “mimic the flight dynamics of a real bird.” What is defined as “a real bird?” Is this a biological bird or that of another robot with bird features?
Claim 9 recites “The guidance and control system of Claim 8, wherein the system”. Recommend to keep consistent terminology, using “the guidance and control system” to avoid indefiniteness.
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 1, 3, 4, 5, 7 rejected under 35 U.S.C. 103 as being unpatentable over Hardarson (US 20210354818) in view of Xia Ying (CN 14954939A) in view of Deakin (US 20130062457).
In regards to claim 1, Hardarson discloses a bird-like robot comprising:
a) a body comprising:
(i) a head (Fig. 1 ref. 16);
(ii) a plurality of eyes (seen in Fig. 1, not referenced, mirror for both sides of head);
(iii) a body structure to house or connect robot components (Fig. 1 comprising ref. 14);
(iv) a plurality of wings (seen in Fig. 1 below);
(vi) a tail (Fig. 6b ref. 220);
b) a plurality of sensors configured to capture environmental data, including at least one video camera ([0052] discloses camera), and at least one flight sensor ([0052] “GPS, INS, gyro and compass”, [0069] discloses sensor for detecting wind speed in flight);
c) a power supply ([0008] discloses battery);
d) a guidance and control system comprising a trained artificial intelligence (AI) model (Hardarson [0008] discloses flight controller, [0053] “the flying machine further comprises one or more computing devices for allowing the flying machine to learn new flying patterns”, to learn new patterns involves machine learning/AI), wherein the guidance and control system is configured to process the environmental data captured by the sensors and generate control signals (Hardarson [0008] “The bird is controlled on-board by a computer system, software, navigation system, including a GPS, gyro, compass and attitude sensors”, the senor signals used by the control system); and
e) a plurality of actuators responsive to the control signals generated by the guidance and control system (Hardarson abstract), wherein the actuators are configured to manipulate at least the wings (Hardarson abstract “Each wing is controlled separately by four motors”), tail (Hardarson abstract “The tail is controlled by three servomotors”)
Hardarson does not expressly disclose: (v) a plurality of legs with claws and the actuators are configured to manipulate at least the legs.
Xia Ying teaches a bird like drone having a plurality of legs with claw ends with motors in order to grasp objects (as seen best in Fig. 1 ref. 6 and 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Xia Ying by providing a plurality of legs with claws which are actuated in order to grasp objects during flight or for use in landing.
Hardarson does not expressly disclose: at least one audio microphone.
Deakin teaches a drone using microphones for flight ([0169] “One or more microphones 252 may be included”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing at least one audio microphone for use during flight in at least determining obstacles or objects.
Further, if Hardarson is found not to disclose: the guidance and control system is configured to process the environmental data captured by the sensors and generate control signals, Deakin teaches flight control system using data captured by the sensors and generate control signals [0020] “The controller preferably includes interfaces for sensors to allow control of the aircraft, for example including a position sensor, attitude sensor, compass, pressure sensors, infrared and/or further sensors.”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing the guidance and control system is configured to process the environmental data captured by the sensors and generate control signals to control and guide the robot in flight as is well known in the art.
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In regards to claim 3, Hardarson as combined discloses the bird-like robot of Claim 1, but does not expressly disclose: further comprising a wireless communication module configured to transmit data captured by the sensors to a remote monitoring station.
Deakin teaches a wireless communication capable of transmitting data for use in the unmanned aerial vehicle ([0059] “The vehicle may also comprise at least one transmitter and at least one receiver for providing a wireless communications network”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing a wireless communication module to transmit data captured by the sensors to a remote monitoring station in order to report conditions of flight or vehicle to base station and users.
In regards to claim 4, Hardarson as combined discloses the bird-like robot of Claim 1, but does not expressly disclose: wherein the plurality of sensors further comprises environmental sensors configured to measure temperature, humidity.
Deakin teaches sensors for temperature, [0142] discloses temperature sensor, and humidity sensor [0142] discloses humidity sensor. The measurements of humidity may be used to determine air quality.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing the plurality of sensors comprises environmental sensors to measure temperature, humidity in order to report conditions of flight to base station and users.
Hardarson as combined further discloses: and air quality ( Hardarson as combined, the measurement s from temperature and humidity sensors would indicate air quality).
In regards to claim 5, Haradson as combined discloses the bird-like robot of Claim 1, wherein the guidance and control system comprises a navigation module configured to use GPS signals for determining the location and flight path of the robot (Hardarson [0008] “The bird is controlled on-board by a computer system, software, navigation system, including a GPS, gyro, compass and attitude sensors”).
In regards to claim 7, Hardarson as combined discloses the bird-like robot of Claim 1, wherein the wings and tail further comprise feathers (Hardarson [0093] discloses feathers), and actuators are configured to adjust the wings, tail, and feathers to mimic the flight dynamics of a bird (Hardarson abstract discloses the control of wings tail and feathers for flight “Each wing is controlled separately by four motors. One motor controls the flapping, one the angle of attack (wing tilt), one the degree of morphing and folding of the wing and one the horizontal motion of the wing. The tail is controlled by three servomotors, one for up and down motion, one for tilting and one for spreading the tail feathers”).
Claim 2 rejected under 35 U.S.C. 103 as being unpatentable over Hardarson, Xia Ling, Deakin as applied to claim 1 above, and further in view of Ajamian (US 20190183077).
In regards to claim 2, Hardarson as combined discloses the bird-like robot of Claim 1, while Harderson as combined discloses infrared sensors and cameras, Harderson does not expressly disclose: wherein the plurality of eyes comprises at least one camera and one infrared sensor.
Ajamian teaches cameras used for eyes on ornithopters having animal shapes ([0041 “The cameras act as the “eyes” of the drone bee 100”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Ajamian by providing the plurality of eyes comprises at least one camera in order to allow the forward view of the robot to be sent to base station or to detect and avoid obstacles.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide for the plurality of eyes comprises one infrared sensor in order to provide coverage for the sensor in the side or forward direction, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 6 rejected under 35 U.S.C. 103 as being unpatentable over Hardarson, Xia Ling, Deakin as applied to claim 1 above, and further in view of Cantrell et al (US 20180072414).
In regards to claim 6, Hardarson as combined discloses the bird-like robot of Claim 1, wherein the power supply comprises a battery (Hardarson [0008] “The bird is powered by an energy source such as a battery”).
Hardarson as combined dose not expressly disclose: a wireless charging system allowing the robot to charge the battery autonomously ([0070] “a UAV may replenish its power source at the docking station through one or more of electromagnetic induction, automated battery swapping, plug-and-play recharging, radio frequency induction, etc.”).
Cantrell teaches a wireless charging system for an unmanned aerial vehicle.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Cantrell by providing a wireless charging system allowing the robot to charge the battery autonomously in order to allow easier access to recharging points.
Claim 8-13 rejected under 35 U.S.C. 103 as being unpatentable over Hardarson in view of in view of Deakin.
In regards to claim 8, Hardarson discloses a guidance and control system of a bird-like robot, comprising:
a) a plurality of sensors configured to capture environmental data, including at least one video camera ([0052] discloses camera), and at least one flight sensor ([0052] “GPS, INS, gyro and compass”, [0069] discloses sensor for detecting wind speed in flight);
b) a trained artificial intelligence (AI) model configured to process the environmental data captured by the sensors and provide robot flight and motion guidance (Hardarson [0008] discloses flight controller, [0053] “the flying machine further comprises one or more computing devices for allowing the flying machine to learn new flying patterns”, to learn new patterns involves machine learning/AI);
c) a computing processing unit configured to execute the AI model, control algorithms, and provide guidance commands and control signals (Hardarson [0008] “The bird is controlled on-board by a computer system, software, navigation system, including a GPS, gyro, compass and attitude sensors”, the senor signals used by the control system); and
d) a plurality of actuators responsive to the control signals (Hardarson abstract), wherein the actuators are configured to manipulate parts of the bird-like robot to perform autonomous flight and task execution (Hardarson abstract discloses flapping flight for lift and propulsion).
Hardarson does not expressly disclose: at least one audio microphone.
Deakin teaches a drone using microphones for flight ([0169] “One or more microphones 252 may be included”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing at least one audio microphone for use during flight in at least determining obstacles or objects.
Further, if Hardarson is found not to disclose: the guidance and control system is configured to process the environmental data captured by the sensors and generate control signals, Deakin teaches flight control system using data captured by the sensors and generate control signals [0020] “The controller preferably includes interfaces for sensors to allow control of the aircraft, for example including a position sensor, attitude sensor, compass, pressure sensors, infrared and/or further sensors.”
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing the guidance and control system is configured to process the environmental data captured by the sensors and generate control signals to control and guide the robot in flight as is well known in the art.
In regards to claim 9, Hardarson as combined discloses the guidance and control system of Claim 8, wherein the system is configured to perform obstacle detection and avoidance using data from the sensors (Deakin [0158] disclose obstacle detection and avoidance for flight path “Both known positions and sensor feeds may be used to plot a course to avoid airborne objects and aircraft, providing `sense and avoid`”).
In regards to claim 10, Hardarson as combined discloses the guidance and control system of Claim 8, but does not expressly disclose: wherein the plurality of sensors further includes environmental sensors configured to measure temperature, humidity, and air quality.
Deakin teaches sensors for temperature, [0142] discloses temperature sensor, and humidity sensor [0142] discloses humidity sensor. These measurements of humidity may be used to determine air quality.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing the plurality of sensors comprises environmental sensors to measure temperature, humidity in order to report conditions of flight to base station and users. These measurements of humidity may also be used to determine air quality for users.
In regards to claim 11, Hardarson as combined discloses the guidance and control system of Claim 8, wherein the AI model is further configured to optimize flight paths based on real-time environmental data (Hardarson [0008] discloses using environmental data “The bird is controlled on-board by a computer system, software, navigation system, including a GPS, gyro, compass and attitude sensors”, Deakin discloses optimizing flight path in order to avoid obstacles [0158] “Both known positions and sensor feeds may be used to plot a course to avoid airborne objects and aircraft, providing `sense and avoid`”).
In regards to claim 12, Hardarson as combined discloses the guidance and control system of Claim 8, but does not expressly disclose: further comprising a wireless communication module configured to transmit data to, and receive data from, a remote monitoring station.
Deakin teaches a wireless communication capable of transmitting data for use in the unmanned aerial vehicle toa and from remote stations ([0059] “The vehicle may also comprise at least one transmitter and at least one receiver for providing a wireless communications network”, [0175] discloses “the autopilot will then plot a course to this and provide appropriate feeds from sensors to the user”, the user comprising a remote station).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Deakin by providing a wireless communication module to transmit data to, and receive data from, a remote monitoring station in order to report conditions of flight or vehicle to base station and users as is well known in the art.
In regards to claim 13, Hardarson as combined discloses the guidance and control system of Claim 8, further comprising a GPS module configured to provide location data for navigation and flight control (Hardarson [0008] “The bird is controlled on-board by a computer system, software, navigation system, including a GPS, gyro, compass and attitude sensors”).
Claim 14 rejected under 35 U.S.C. 103 as being unpatentable over Hardarson, Deakin as applied to claim 8 above, and further in view of Xia Ying (CN 14954939A).
In regards to claim 14, Hardarson as combined discloses the guidance and control system of Claim 8, wherein the plurality of actuators are further configured to adjust wings, a tail (Hardarson as seen in Fig. 1 ref. 13), to mimic the flight dynamics of a real bird.
Hardarson does not expressly disclose: legs of the bird-like robot.
Xia Ying teaches a bird like drone having a plurality of legs with claw ends with motors in order to grasp objects (as seen best in Fig. 1 ref. 6 and 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Hardarson with Xia Ying by providing a plurality of legs bird-like robot which are actuated in order to grasp objects during flight or for use in landing and to further imitate a bird.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure cited on PTO 892. The cited references display different arrangements drone/robots using flapping wings for flight.
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/V.R./Examiner, Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, Art Unit 3642