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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 of current application 18/809254 are rejected on the grounds of nonstatutory double patenting as being unpatentable over claims 1-7 and 9-13 of U.S. Patent No. 12095509. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons laid out below.
The subject matter claimed in the instant application is fully disclosed in the US Patent 12095509 and is covered by the Patent since the Patent and the instant application are claiming common subject matter, as follows:
The following is an example of how Claim 1 of the instant application and claims 1 and 3 of the US Patent 12095509 are claiming common subject matter.
Claim 1 of present application 18809254
Claim 1 of Patent US 12095509
A non-transitory, computer-readable storage medium comprising instructions recorded thereon, wherein the instructions, when executed by at least one data processor of a system, cause the system to:
communicate a radio frequency (RF)-based communication from a mobile device to a telecommunication network, wherein the RF-based communication is configured for direct delivery to an unmanned vehicle within a coverage area of the mobile device and to the telecommunications network when the unmanned vehicle is outside the coverage area of the mobile device;
convert the RF-based communication to a non-RF wireless communication configured to transmit using non-RF antennas;
communicate the non-RF wireless communication to the unmanned vehicle by using non-RF antennas, wherein the non-RF antennas provide coverage in geographical areas in which the telecommunication network does not provide RF coverage;
determine a boundary between a first geographical region in which a first non-RF antenna provides coverage and a second geographical region in which a second non-RF antenna provides coverage;
obtain an indication of a velocity of the unmanned vehicle; based on the velocity of the unmanned vehicle and the boundary between the first geographical region and the second geographical region, estimate a time when the unmanned vehicle is expected to cross the boundary; and based on the estimate, cause a handoff of the non-RF wireless communication between the first non-RF antenna and the second non-RF antenna prior to the time when the unmanned vehicle is expected to cross the boundary.
At least one computer-readable storage medium, excluding transitory signals and carrying instructions to enable communication with a drone over a wide geographical area using a wireless cellular telecommunication network, which, when executed by at least one data processor of a system, cause the system to:
receive, from a mobile device associated with the drone, a first instruction to deliver to the drone, wherein the first instruction is delivered to the wireless cellular telecommunication network through a radio frequency channel associated with the wireless cellular telecommunication network, wherein the mobile device provides a coverage area in which the mobile device can directly communicate with the drone, wherein the drone is outside of the coverage area associated with the mobile device;
convert the first instruction received through the radio frequency channel to a second instruction, wherein the second instruction is configured to be transmitted using a laser communications system;
deliver the second instruction to the drone using a first laser antenna, wherein the drone includes a laser receiver, and wherein the first laser antenna is oriented to provide coverage in a geographical area in which the wireless cellular telecommunication network does not provide radio frequency coverage;
obtain a unique ID associated with the drone; obtain a first measurement of signal strength associated with the first laser antenna and a second measurement of signal strength associated with a second laser antenna, wherein the first laser antenna is communicating with the drone; determine that the second measurement indicates a higher signal strength than the first measurement; determine a time duration during which the second measurement indicated the higher signal strength than the first measurement; determine whether the time duration is above a predetermined time threshold; and upon determining that the time duration is above the predetermined time threshold, send an instruction to the second laser antenna to commence communication with the drone identified by the unique ID.
Claim 3
The computer-readable storage medium of claim 1, comprising instructions to:
obtain a first reception profile associated with the first laser antenna, wherein the first reception profile indicates a first geographical region in which the first laser antenna can receive a first communication;
obtain a second reception profile associated with the second laser antenna, wherein the second reception profile indicates a second geographical region in which the second laser antenna can receive a second communication; based on the first reception profile and the second reception profile, determine a boundary between the first geographical region and the second geographical region;
obtain a speed associated with the drone; based on the speed and the boundary between the first geographical region and the second geographical region, predict when the drone will cross the boundary; and based on the prediction, initiate a handoff between the first laser antenna and the second laser antenna prior to the drone crossing the boundary.
It can be seen that the elements of the instant claim 1 can be found in patent claims 1 and 3. Thus, the invention of claim 1 of the instant application is merely a broader version of claims 1 and 3 of the US Patent 12095509 and in effect is a “species” of the “generic” invention of the application claims 1 and 3. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (FED. Cir. 1993).
Regarding claim 2 of the instant application is taught by claim 2 of the U.S. patent 12095509 and is also rejected.
Regarding claim 3 of the instant application is taught by claim 3 of the U.S. patent 12095509 and is also rejected.
Regarding claim 4 of the instant application is taught by claim 1 of the U.S. patent 12095509 and is also rejected.
Regarding claim 5 of the instant application is taught by claim 4 of the U.S. patent 12095509 and is also rejected.
Regarding claim 6 of the instant application is taught by claim 5 of the U.S. patent 12095509 and is also rejected.
Regarding claim 7 of the instant application is taught by claim 6 of the U.S. patent 12095509 and is also rejected.
The following is an example of how Claim 8 of the instant application and claims 7 and 10 of the US Patent 12095509 are claiming common subject matter.
Claim 8 of present application 18809254
Claim 7 of Patent US 12095509
A system comprising:
at least one hardware processor; and at least one non-transitory memory storing instructions, which, when executed by the at least one hardware processor, cause the system to:
receive, from a mobile device associated with an unmanned vehicle, a radio frequency (RF)-based communication directed to a telecommunications network, wherein the RF-based communication is configured for direct delivery to an unmanned vehicle within a coverage area of the mobile device and to the telecommunications network when the unmanned vehicle is outside the coverage area of the mobile device;
convert the RF-based communication to a non-RF wireless communication configured to transmit using non-RF antennas; communicate the non-RF wireless communication to the unmanned vehicle by using non-RF antennas, wherein the non-RF antennas provide coverage in geographical areas in which the telecommunication network does not provide RF coverage;
determine a boundary between a first geographical region in which a first non-RF antenna provides coverage and a second geographical region in which a second non-RF antenna provides coverage;
obtain an indication of a velocity of the unmanned vehicle; based on the velocity of the unmanned vehicle and the boundary between the first geographical region and the second geographical region, estimate a time when the unmanned vehicle is expected to cross the boundary; and based on the estimate, cause a handoff of the non-RF wireless communication between the first non-RF antenna and the second non-RF antenna prior to the time when the unmanned vehicle is expected to cross the boundary.
A system comprising:
at least one hardware processor; and at least one non-transitory memory storing instructions, which, when executed by the at least one hardware processor, cause the system to:
receive, from a controller associated with an unmanned vehicle, a first instruction to deliver to the unmanned vehicle, wherein the first instruction is delivered to a wireless telecommunication network through a radio frequency channel associated with the wireless telecommunication network, wherein the controller provides a coverage area in which the controller can directly communicate with the unmanned vehicle, wherein the unmanned vehicle is outside of the coverage area associated with the controller;
convert the first instruction received through the radio frequency channel to a second instruction, wherein the second instruction is configured to be transmitted in a second medium different from the radio frequency channel; and deliver the second instruction to the unmanned vehicle using a first antenna, wherein the first antenna is configured to operate in the second medium, wherein the unmanned vehicle includes a receiver configured to operate in the second medium, and wherein the first antenna is oriented to provide coverage in a geographical area in which the wireless telecommunication network does not provide radio frequency coverage.
Claim 10
obtain a first transmission profile associated with a first laser, wherein the first transmission profile indicates a first geographical region in which the first laser can send a first communication; obtain a second transmission profile associated with a second laser, wherein the second transmission profile indicates a second geographical region in which the second laser can send a second communication; based on the first transmission profile and the second transmission profile, determine a boundary between the first geographical region and the second geographical region;
obtain a speed associated with the unmanned vehicle; based on the speed and the boundary between the first geographical region and the second geographical region, predict when the unmanned vehicle will cross the boundary; and based on the prediction, initiate a handoff between the first laser and the second laser prior to the unmanned vehicle crossing the boundary.
It can be seen that the elements of the instant claim 8 can be found in patent claims 7 and 10. Thus, the invention of claim 8 of the instant application is merely a broader version of claims 7 and 10 of the US Patent 12095509 and in effect is a “species” of the “generic” invention of the application claims 7 and 10. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (FED. Cir. 1993).
Regarding claim 9 of the instant application is taught by claim 9 of the U.S. patent 12095509 and is also rejected.
Regarding claim 10 of the instant application is taught by claim 10 of the U.S. patent 12095509 and is also rejected.
Regarding claim 11 of the instant application is taught by claim 7 of the U.S. patent 12095509 and is also rejected.
Regarding claim 12 of the instant application is taught by claim 11 of the U.S. patent 12095509 and is also rejected.
Regarding claim 13 of the instant application is taught by claim 12 of the U.S. patent 12095509 and is also rejected.
Regarding claim 14 of the instant application is taught by claim 13 of the U.S. patent 12095509 and is also rejected.
The following is an example of how Claim 15 of the instant application and claims 1 and 3 of the US Patent 12095509 are claiming common subject matter.
Claim 15 of present application 18809254
Claim 1 of Patent US 12095509
A computer-implemented method comprising:
communicating a radio frequency (RF)-based communication from a mobile device to a telecommunication network, wherein the RF-based communication is configured for direct delivery to an unmanned vehicle within a coverage area of the mobile device and to the telecommunications network when the unmanned vehicle is outside the coverage area of the mobile device;
converting the RF-based communication to a non-RF wireless communication configured to transmit using non-RF antennas;
communicating the non-RF wireless communication to the unmanned vehicle by using non-RF antennas, wherein the non-RF antennas provide coverage in geographical areas in which the telecommunication network does not provide RF coverage;
determining a boundary between a first geographical region in which a first non-RF antenna provides coverage and a second geographical region in which a second non-RF antenna provides coverage;
obtaining an indication of a velocity of the unmanned vehicle; estimating, based on the velocity of the unmanned vehicle and the boundary between the first geographical region and the second geographical region, a time when the unmanned vehicle is expected to cross the boundary; and causing, based on the estimate, a handoff of the non-RF wireless communication between the first non-RF antenna and the second non-RF antenna prior to the time when the unmanned vehicle is expected to cross the boundary.
At least one computer-readable storage medium, excluding transitory signals and carrying instructions to enable communication with a drone over a wide geographical area using a wireless cellular telecommunication network, which, when executed by at least one data processor of a system, cause the system to:
receive, from a mobile device associated with the drone, a first instruction to deliver to the drone, wherein the first instruction is delivered to the wireless cellular telecommunication network through a radio frequency channel associated with the wireless cellular telecommunication network, wherein the mobile device provides a coverage area in which the mobile device can directly communicate with the drone, wherein the drone is outside of the coverage area associated with the mobile device;
convert the first instruction received through the radio frequency channel to a second instruction, wherein the second instruction is configured to be transmitted using a laser communications system;
deliver the second instruction to the drone using a first laser antenna, wherein the drone includes a laser receiver, and wherein the first laser antenna is oriented to provide coverage in a geographical area in which the wireless cellular telecommunication network does not provide radio frequency coverage;
obtain a unique ID associated with the drone; obtain a first measurement of signal strength associated with the first laser antenna and a second measurement of signal strength associated with a second laser antenna, wherein the first laser antenna is communicating with the drone; determine that the second measurement indicates a higher signal strength than the first measurement; determine a time duration during which the second measurement indicated the higher signal strength than the first measurement; determine whether the time duration is above a predetermined time threshold; and upon determining that the time duration is above the predetermined time threshold, send an instruction to the second laser antenna to commence communication with the drone identified by the unique ID.
Claim 3
The computer-readable storage medium of claim 1, comprising instructions to:
obtain a first reception profile associated with the first laser antenna, wherein the first reception profile indicates a first geographical region in which the first laser antenna can receive a first communication;
obtain a second reception profile associated with the second laser antenna, wherein the second reception profile indicates a second geographical region in which the second laser antenna can receive a second communication; based on the first reception profile and the second reception profile, determine a boundary between the first geographical region and the second geographical region;
obtain a speed associated with the drone; based on the speed and the boundary between the first geographical region and the second geographical region, predict when the drone will cross the boundary; and based on the prediction, initiate a handoff between the first laser antenna and the second laser antenna prior to the drone crossing the boundary.
It can be seen that the elements of the instant claim 15 can be found in patent claims 1 and 3. However, claim 15 corresponds to a method claim and claim 1 corresponds to a non-transitory computer readable storage medium claim. One of ordinary skill in the art would realize that the method claim of claim 15 essentially claims the steps performed by the non-transitory computer readable storage medium of claims 1 and 3. Therefore, claims 1 and 3 teaches the limitations of claim 15.
Regarding claim 16 of the instant application is taught by claim 2 of the U.S. patent 12095509 and is also rejected.
Regarding claim 17 of the instant application is taught by claim 3 of the U.S. patent 12095509 and is also rejected.
Regarding claim 18 of the instant application is taught by claim 4 of the U.S. patent 12095509 and is also rejected.
Regarding claim 19 of the instant application is taught by claim 5 of the U.S. patent 12095509 and is also rejected.
Regarding claim 20 of the instant application is taught by claim 6 of the U.S. patent 12095509 and is also rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the notice of reference cited (PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRANESH K BARUA whose telephone number is (571)270-1017. The examiner can normally be reached on Mon-Sat: 11-8pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Payne can be reached on 5712723024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PRANESH K BARUA/Primary Examiner, Art Unit 2635
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