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 .
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.
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 2, 4, 5, 7, 8, 13, 14, 16, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, 7, 10, 11, 12, 15, and 17 of U.S. Patent No. 12,304,779. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of the claimed invention is fully disclosed by the subject matter in the reference as shown in the table below.
The mapping of claims 1, 2, 4, 5, 7, 8, 13, 14, 16, and 19 of the present application to claims 1, 4, 5, 7, 10, 11, 12, 15, and 17 of US Pat. No. 12,304,779 is as follows:
Instant Application
Reference
1. A load control system to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising: a modular housing, a sensor suite, and a computer processor and memory; wherein the modular housing contains a thruster and a battery pack; and wherein the memory comprises a thrust control module which, when executed by the computer processor, determines at least one of a position, orientation, or motion based on a sensor data from the sensor suite and controls the thruster according to the position, orientation, or motion to influence at least one of the position, orientation, or motion of the load and wherein the modular housing comprises a thruster and a battery pack.
1. A load control system to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising: a plurality of thrusters, a sensor suite, an on-board power supply, a remote power supply, a power management system, and a computer processor and memory, wherein the memory comprises a thrust control module which, when executed by the computer processor, is to determine a position, orientation, or motion of the load based on a sensor data from the sensor suite, and is to utilize the power management system, the on-board power supply, the remote power supply, and the plurality of thrusters to influence at least one of the position, orientation, or motion of the load; wherein to influence at least one of the position, orientation, or motion of the load, the power management system is to provide power to the plurality of thrusters from both the on-board power supply and the remote power supply, where to provide power to the plurality of thrusters from both the on-board power supply and the remote power supply, the power management system is to provide to the plurality of thrusters a pulse power from the on-board power supply and a power up to a power rating of the remote power supply from the remote power supply, wherein the pulse power increases power to the plurality of thrusters above a power rating of the remote power supply.
2. The load control system according to claim 1, wherein the modular housing further comprises a housing-load securement mechanism, wherein the housing-load securement mechanism is to releasably secure the modular housing to the load.
5. The load control system according to claim 4, further comprising a housing-load securement mechanism, wherein the housing-load securement mechanism is to releasably secure the modular housing to the load.
4. The load control system according to claim 1, wherein the modular housing further comprises the computer processor and memory.
4. The load control system according to claim 1, further comprising a modular housing, wherein the modular housing contains at least one of a first thruster in the plurality of thrusters, a first sensor of the sensor suite, or the computer processor and memory, wherein the modular housing is a first modular housing, wherein the first modular housing contains the first thruster in the plurality of thrusters, and further comprising a second modular housing, wherein the second modular contains a second thruster in the plurality of thrusters, wherein the first modular housing and the second modular housing are to be located at distal ends of the load.
5. The load control system according to claim 1, wherein the modular housing is a first modular housing, wherein the thruster is a first thruster and the battery pack is a first battery pack and further comprising a second modular housing, wherein the second modular housing comprises a second thruster and a second battery pack.
4. The load control system according to claim 1, further comprising a modular housing, wherein the modular housing contains at least one of a first thruster in the plurality of thrusters, a first sensor of the sensor suite, or the computer processor and memory, wherein the modular housing is a first modular housing, wherein the first modular housing contains the first thruster in the plurality of thrusters, and further comprising a second modular housing, wherein the second modular contains a second thruster in the plurality of thrusters, wherein the first modular housing and the second modular housing are to be located at distal ends of the load.
7. The load control system according to claim 1, wherein the modular housing further comprises a sensor in the sensor suite.
4. The load control system according to claim 1, further comprising a modular housing, wherein the modular housing contains at least one of a first thruster in the plurality of thrusters, a first sensor of the sensor suite, or the computer processor and memory, wherein the modular housing is a first modular housing, wherein the first modular housing contains the first thruster in the plurality of thrusters, and further comprising a second modular housing, wherein the second modular contains a second thruster in the plurality of thrusters, wherein the first modular housing and the second modular housing are to be located at distal ends of the load.
8. A computer implemented method to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising: determining at least one of a position, orientation, or motion of the load based on a sensor data from a sensor suite and controlling a thruster according to the position, orientation, or motion to control at least one of the position, orientation, or motion of the load, wherein the thruster and a battery pack are contained in a modular housing, and further comprising releasably securing the modular housing to the load with a housing-load securement mechanism.
7. A method to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising: with a load control system, determining a position, orientation, or motion of the load based on a sensor data from a sensor suite, providing power to a plurality of thrusters of the load control system from at least one of an on-board power supply of the load control system and a remote power supply and thereby influencing at least one of the position, orientation, or motion of the load; wherein influencing at least one of the position, orientation, or motion of the load comprises providing power to the plurality of thrusters from both the on-board power supply and the remote power supply and wherein providing power to the plurality of thrusters from both the on-board power supply and the remote power supply comprises providing to the plurality of thrusters a pulse power from the on-board power supply and a power up to a power rating of the remote power supply from the remote power supply, wherein the pulse power increases power to the plurality of thrusters above a power rating of the remote power supply.
10. The method according to claim 7, wherein the load control system comprises a modular housing, wherein the modular housing contains at least one of a first thruster in the plurality of thrusters, a first sensor of the sensor suite, or a computer processor and memory to perform the method according to claim 7, wherein the modular housing is a first modular housing, wherein the first modular housing contains the first thruster in the plurality of thrusters, and further comprising a second modular housing, wherein the second modular contains a second thruster in the plurality of thrusters, wherein the first modular housing and the second modular housing are to be located at distal ends of the load.
11. The method according to claim 10, further comprising a housing-load securement mechanism and further comprising releasably securing the modular housing to the load with the housing-load securement mechanism.
13. The method according to claim 8, wherein the modular housing further comprises a sensor in the sensor suite and further comprising obtaining the sensor data from the sensor in the sensor suit.
12. The method according to claim 7, wherein a sensor in the sensor suite is located in or proximate to one of a fan unit, a housing for the computer processor, a housing for a power controller, a housing for a power supply, the carrier, or a remote interface, wherein the sensor is located to provide a line-of-sight view of at least one of a ground surface or the carrier and further comprising determining the position, orientation, or motion of the load using the line-of-sight view of at least one of the ground surface or the carrier.
14. An apparatus to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising: means to determine at least one of a position, orientation, or motion of the load based on a sensor data from a sensor suite and means to control a thruster according to the position, orientation, or motion to control at least one of the position, orientation, or motion of the load; means for a modular housing to contain the thruster and a battery pack, wherein the battery pack is to provide a power to the thruster; and means to releasably securing the modular housing to the load with means for a housing-load securement mechanism.
15. An apparatus to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising: means comprising a computer processor and memory to determine a position, orientation, or motion of the load based on a sensor data from a sensor suite, means to provide power to a plurality of thrusters from at least one of an on-board power supply and a remote power supply and to thereby influence at least one of the position, orientation, or motion of the load, wherein the on-board power supply comprises a battery pack, the remote power supply comprises a power line extending down the cable, and the carrier comprises a crane; wherein means to provide power to the plurality of thrusters from the on-board power supply and the remote power supply comprises means to provide to the plurality of thrusters a pulse power from the on-board power supply and a power up to a power rating of the remote power supply from the remote power supply, wherein the pulse power increases power to the plurality of thrusters above a power rating of the remote power supply.
17. The apparatus according to claim 15, further comprising a modular housing, wherein the modular housing contains at least one of a first thruster in the plurality of thrusters, a first sensor of the sensor suite, or the computer processor and memory, wherein the modular housing is a first modular housing, wherein the first modular housing contains the first thruster in the plurality of thrusters, and further comprising a second modular housing, wherein the second modular contains a second thruster in the plurality of thrusters.
16. The apparatus according to claim 14, wherein the means for the modular housing further comprises a computer processor and memory and further comprising means to determine at least one of the position, orientation, or motion of the load based on the sensor data from the sensor suite and means to control the thruster according to the position, orientation, or motion to control at least one of position, orientation, or motion of the load with the computer processor and memory.
17. The apparatus according to claim 15, further comprising a modular housing, wherein the modular housing contains at least one of a first thruster in the plurality of thrusters, a first sensor of the sensor suite, or the computer processor and memory, wherein the modular housing is a first modular housing, wherein the first modular housing contains the first thruster in the plurality of thrusters, and further comprising a second modular housing, wherein the second modular contains a second thruster in the plurality of thrusters.
19. The apparatus according to claim 14, wherein the means for the modular housing further contains a sensor in the sensor suite and further comprising means to obtain the sensor data from the sensor in the sensor suit.
17. The apparatus according to claim 15, further comprising a modular housing, wherein the modular housing contains at least one of a first thruster in the plurality of thrusters, a first sensor of the sensor suite, or the computer processor and memory, wherein the modular housing is a first modular housing, wherein the first modular housing contains the first thruster in the plurality of thrusters, and further comprising a second modular housing, wherein the second modular contains a second thruster in the plurality of thrusters.
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.
Claims 1-19 are rejected under § 102(a)(1) as being anticipated by US Pat. No. 10,960,976 to Bosma et al. (Bosma). For claim 1, Bosma discloses a load control system to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising:
a modular housing (1301),
a sensor suite (1411, 1414, & 1416), and
a computer processor (1404) and memory (1405);
wherein the modular housing contains a thruster (1302) and a battery pack (1413); and
wherein the memory comprises a thrust control module (1402) which, when executed by the computer processor,
determines at least one of a position, orientation, or motion based on a sensor data from the sensor suite (see 14:12-44 for describing a process of extracting a subject from a first ground point to a second ground point by controlling the position, altitude, and travel path of the subject) and
controls the thruster according to the position, orientation, or motion to influence at least one of the position, orientation, or motion of the load (see 14:12-44 for describing a process of extracting a subject from a first ground point to a second ground point by controlling the position, altitude, and travel path of the subject).
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In regards to claim 2, Bosma further discloses that the modular housing further comprises a housing-load securement mechanism (503), wherein the housing-load securement mechanism is to releasably secure the modular housing to the load. See 5:46-64 (providing a bobbin for the tether line).
In regards to claims 3, 9, and 15, Bosma the housing-load securement mechanism comprises at least one of a strap, a clamp, an expansion brace, a bolting track, or a set of interlocking structures. See 5:46-64.
In regards to claim 4, Bosma further discloses that the modular housing further comprises the computer processor (1404) and memory (1405). See Fig. 14.
In regards to claims 5, 11, and 17, Bosma further discloses that the modular housing is a first modular housing (1300), wherein the thruster is a first thruster (1302) and the battery pack (1403) is a first battery pack and further comprising a second modular housing (1300), wherein the second modular housing comprises a second thruster (1302) and a second battery pack (1403). See Figs. 13 & 16 (depicting two stabilizer apparatuses (corresponding to the modular housings)).
In regards to claims 6, 12, and 18, Bosma further discloses that the thruster is one of a fan, propeller, or ducted fan. See Fig. 13 (depicting multiple fans).
In regards to claims 7 and 13, Bosma further discloses that the modular housing further comprises a sensor (1411, 1414 & 1416) in the sensor suite. See Fig. 14 (depicting a block diagram of system comprising multiple types of sensors).
Claim 8 is rejected under § 102(a)(1) as being anticipated by Bosma, supra. For claim 8, Bosma discloses a computer implemented method to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising:
determining at least one of a position, orientation, or motion of the load based on a sensor data from a sensor suite (see 14:12-44 for describing a process of extracting a subject from a first ground point to a second ground point by controlling the position, altitude, and travel path of the subject) and
controlling a thruster according to the position, orientation, or motion to control at least one of the position, orientation, or motion of the load, wherein the thruster and a battery pack are contained in a modular housing (see 14:12-44 for describing a process of extracting a subject from a first ground point to a second ground point by controlling the position, altitude, and travel path of the subject), and
further comprising releasably securing the modular housing to the load with a housing-load securement mechanism (see 5:46-64 providing a bobbin for the tether line).
In regards to claim 10, Bosma further discloses that the modular housing further comprises a computer processor (1404) and memory (1405) and further comprising determining at least one of the position, orientation, or motion of the load based on the sensor data from the sensor suite and controlling the thruster according to the position, orientation, or motion to control at least one of position, orientation, or motion of the load with the computer processor and memory. See 14:12-44 (describing a process of extracting a subject from a first ground point to a second ground point by controlling the position, altitude, and travel path of the subject).
Claim 14 is rejected under § 102(a)(1) as being anticipated by Bosma, supra. For claim 14, Bosma further discloses that an apparatus to influence at least one of a position, orientation, or motion of a load suspended by a cable from a carrier, comprising:
means (1404) to determine at least one of a position, orientation, or motion of the load based on a sensor data from a sensor suite (see 14:12-44) and
means (1302) to control a thruster according to the position, orientation, or motion to control at least one of the position, orientation, or motion of the load (see 14:12-44);
means (1301) for a modular housing to contain the thruster and a battery pack (1403), wherein the battery pack is to provide a power to the thruster (see 14:12-44); and
means (503) to releasably securing the modular housing to the load with means for a housing-load securement mechanism (see 5:46-64).
In regards to claim 16, Bosma further discloses that the means for the modular housing further comprises a computer processor (1404) and memory (1405) and further comprising means (1404) to determine at least one of the position, orientation, or motion of the load based on the sensor data from the sensor suite (see 14:12-44) and means (1301) to control the thruster according to the position, orientation, or motion to control at least one of position, orientation, or motion of the load with the computer processor and memory (see 14:12-44).
In regards to claim 19, Bosma further discloses that the means for the modular housing further contains a sensor (1411, 1414, & 1416) in the sensor suite and further comprising means to obtain the sensor data from the sensor in the sensor suit. See 5:46-64.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE LOGAN whose telephone number is (571) 270-7769. The examiner can normally be reached M-F, 9-5 PM.
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/KYLE O LOGAN/Primary Examiner, Art Unit 3655
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