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 of Claims 1-17 in the reply filed on 04/27/2026 is acknowledged. 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)).
Claims 18-20 are withdrawn.
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 12 is 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 12 recites, “wherein each part-carrying apparatus is associated with a launcher”. It is unclear by what applicant means by “associated with”. All things have some sort of association. It is unclear if this is intended to be a positive limitation of the launcher into the system, if so it should be clarified to the system further comprising a launcher … Further it is unclear if there is only one launcher for all the part carrying apparatuses or if there is a separate launch for each.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 7- 15 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Benedict et al. (US 2022/0219814, hereafter referred to as Benedict).
For claim 1, Benedict discloses a part-carrying apparatus (abstract and figs.), comprising:
a base portion (240, para 0036);
a shaft extending from the base portion (main shaft on which propellers 202A are, see fig. 2-3);
at least two mechanically driven arms coupled to the shaft (202A, see fig. 2-3), each arm having a first end coupled to the shaft (via 220a) and an opposite second end distal from the shaft (see figs. 2-3);
a part coupled to the shaft (control system 350), the part configured to capture information about an environment around the part-carrying apparatus (para 0058-0061, via sensors); and
a locking nut coupled to the shaft (160), the locking nut comprising at least two positions, comprising: an unlocked position (fig. 3), wherein the second end of each respective arm of the at least two mechanically driven arms is configured to extend away from the base portion when the locking nut is in the unlocked position (see figs. 1, 3); and
a locked position (fig. 2), wherein the second end of each respective arm of the at least two mechanically driven arms is configured to extend towards the base portion when the locking nut is in the locked position (see figs. 1-2).
For claim 3, Benedict further discloses wherein the locked position is configured to be engaged based on a predefined amount of air resistance on the at least two mechanically driven arms (para 0051).
For claim 4, Benedict further discloses wherein the at least two mechanically driven arms are configured to slow a descent of the part-carrying apparatus when the locking nut is in the locked position (para 0051).
For claim 5, Benedict further discloses wherein the at least two mechanically driven arms are configured to engage a 360 degree turning sequence when the locking nut is in the locked position (para 0006).
For claim 7, Benedict further discloses wherein the part-carrying apparatus is configured to be launched into air by a launcher (see fig. 1).
For claim 8, Benedict further discloses further comprising a transmitter configured to transmit the information to a central location (para 0062).
For claim 9, Benedict further discloses further comprising a launcher configured to launch a portion of the part-carrying apparatus (fig. 1).
For claim 10, Benedict further discloses further comprising: a storage device for storing the captured information (memory); and a controller configured to cause the part to capture the information (para 0059).
For claim 11, Benedict discloses a system, comprising: a part-carrying apparatus (abstract and figs), comprising:
a base portion (240, para 0036);
a shaft extending from the base portion (main shaft on which propellers 202A are, see fig. 2-3);
at least two mechanically driven arms coupled to the shaft (202A, see fig. 2-3), each arm having a first end coupled to the shaft (via 220a) and an opposite second end distal from the shaft (see figs. 2-3);
a part coupled to the shaft (control system 350), the part configured to capture information about an environment around the part-carrying apparatus (para 0058-0061, via sensors); and
a locking nut coupled to the shaft (160), the locking nut comprising at least two positions, comprising: an unlocked position (fig. 3), wherein the second end of each respective arm of the at least two mechanically driven arms is configured to extend away from the base portion when the locking nut is in the unlocked position (see figs. 1, 3); and
a locked position (fig. 2), wherein the second end of each respective arm of the at least two mechanically driven arms is configured to extend towards the base portion when the locking nut is in the locked position (see figs. 1-2).
a transmitter configured to transmit the captured information to a base station (para 0062); and a receiver configured to receive the captured information from the transmitter (para 0062).
Benedict is silent about a plurality of part carrying apparatuses.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include a plurality of part carrying devices, in order to cover more area and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
For claim 12, modified Benedict further teaches wherein each part-carrying apparatus is associated with a launcher that is configured to launch the part-carrying apparatus into air (fig. 1).
For claim 13, modified Benedict wherein each launcher comprises:
a base (fig. 1);
a first wall and an opposing second wall, the first wall and the second wall coupled to the base (fig. 1),
wherein a cavity is formed between the first wall, the second wall, and the base (fig. 1); and
a pressure chamber disposed within the cavity proximate the base (16); wherein each part-carrying apparatus is configured to be disposed within the cavity proximate the pressure chamber before launch of the respective part-carrying apparatus (fig. 1).
For claim 14, modified Benedict wherein the pressure chamber is filled with a launch material configured to launch the part-carrying apparatus (para 0024).
For claim 15, modified Benedict wherein the launch material comprises one or more of black powder and compressed gas (para 0024).
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) 2, 6, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Benedict in view of Arlton et al. (US 2005/0051667, hereafter referred to as Arlton).
For claims 2, 6, and 17 Benedict is silent about wherein the part comprises at least one camera configured to capture a 360 degree view during the 360 degree turning sequence.
Arlton teaches a part carrying apparatus comprising a camera configured to capture a 360 degree view during the 360 degree turning sequence (105, para 0073).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the part carrying apparatus of Benedict include a camera, as taught by Arlton, in order to obtain video and image data from the flight.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Benedict.
For claim 16, Benedict is silent about wherein each respective base comprises an initiation cap configured to allow access to the pressure chamber through the base.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to include an access opening and cap to the base of the launcher of Benedict, in order to allow for easy refilling of the pressure chamber since it is known in the art that pressurized containers can be refilled.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The cited prior art of record is noted as it pertains to part carrying launched aircraft.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 5712705301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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