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 .
This Office Action is in response to initial filing on 08/29/2024.
Claim 1-9 are currently pending and have been considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/27/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 08/29/2024. These drawings are reviewed and accepted by the Examiner.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11139852. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant claim 1 is broader in scope and thus encompasses the subject of conflicting claim 1. Instant claim 1 does not require the “selecting step” of conflicting claim 1 and each of the other steps are more broadly written.
Instant claim 1 only differs from conflicting claim 1 by reciting a different statutory class, however it is well understood in the art for a device to produce a method and vice versa. Therefore, given the method/CRM recited in instant claim 1, it is considered that it would have been obvious to produce the device of conflicting claim 1 in order to perform the method contained on the CRM.
Regarding claim 1, the table below shows that claim 1 of the patent contains the elements of claim 1 of the instant application, and therefore, is an obvious variant thereof.
Instant Application 18/819218
Patent 11139852
1.A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a message handler, the one or more programs including instructions for:
receiving packets with a positional information from one or more assets over a low bandwidth network;
storing the positional information in a memory; and
via a transmitter configured to send one or more situational awareness packets to said one or more assets:
converting the positional information to converted positional information;
including the converted positional information in the one or more situational awareness packets; and
sending one or more of the one or more situational awareness packets to said one or more assets
A message handler
for
receiving and transmitting a positional information over a low bandwidth network, the message handler comprising:
a receiver for receiving packets with the positional information from one or more assets over the network;
a memory for storing the positional information; a transmitter for sending one or more situational awareness packets to said one or more assets said transmitter:
selects the positional information based on parameters for the situational awareness packets, the selected positional information comprising at least a longitude and a latitude, a heading and an altitude for at least one mobile device
converts the selected information based on predetermined criteria and combine the selected information to send in the situational awareness packets based on rules; and sends the situational awareness packets to the one or more asset.
Instant claim 2 and patent claim 2 correspond.
Instant claim 3 and patent claim 3 correspond.
Instant claim 4 and patent claim 4 correspond.
Instant claim 5 and patent claim 5 correspond.
Instant claim 6 and patent claim 6 correspond.
Instant claim 7 and patent claim 7 correspond.
Instant claim 8 and patent claim 8 correspond.
Instant claim 9 and patent claim 9 correspond.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tavner et al (US 20200287619).
Regarding claim 1, Tavner discloses a non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of a message handler (Figure 1, Remotely Piloted Aircraft 10), the one or more programs including instructions for:
receiving packets with a positional information (i.e., “position data”) from one or more assets over a low bandwidth network ([0021] An indirect control link 14 via low earth orbit satellites 16, … receive command signals from the ground control station and to send position data from a GPS inside the RPA back to the ground control station. Applicant defines “… assets” as including “… GPS receivers” in [0036] of the Applicant’s application);
storing the positional information in a memory ([0159] The aircraft carries inspection …. may send information directly back to the control center or store it onboard to send back when landed); and
via a transmitter configured to send one or more situational awareness packets ([0021] … to send position data from a GPS inside the RPA back to the ground control station. The “situational awareness packets” must be given a broadest reasonable interpretation of GPS position data) to said one or more assets ([0021] to send position data from a GPS inside the RPA back to the ground control station. Given a broadest reasonable interpretation, the term “assets” is interpreted as a “ground station” or GPS receiver):
converting the positional information to converted positional information ([0006] send back position data from a different GPS or other satellite-based position receiver in the device);
including the converted positional information in the one or more situational awareness packets ([0006] send back position data from a different GPS or other satellite-based position receiver in the device. Thus, system includes position data from a different GPS. The POSITA would understand this a disclosure that converted positional information in the one or more situational awareness packets. Thus, GPS position data); and
sending one or more of the one or more situational awareness packets to said one or more assets (Abstract, an indirect control link with the ground control station, via satellites, that is used to send command signals to the device and to send back flight information and position data from a GPS or other satellite-based position receiver in the device; [0006] send command signals to the device and to send back flight information and position data from a GPS or other satellite-based position receiver in the device).
Regarding claim 2, Tavner discloses the non-transitory computer-readable storage medium of claim 1, wherein the positional information comprises a heading converted by a fraction of 360 degrees ([0006] send back position data from a different GPS or other satellite-based position receiver in the device. Thus, system includes position data from a different GPS. The POSITA would understand this a disclosure that positional information in GPS containg heading information. Thus, GPS position data).
Regarding claim 3, Tavner discloses the non-transitory computer-readable storage medium of claim 1, wherein the positional information comprises a longitude and the latitude are converted to 22 bits each based on predetermined ranges (Tavner discloses ([0006] send back position data from a different GPS or other satellite-based position receiver in the device. The Examiner submits that plurality of first antenna elements are configured to have equal or unequal phases and to form a beam, is a design choice, and one of skilled in the art could have chosen a desired range as it is common practice in order to provide practical grid representation of the earth with more precision).
Regarding claim 4, Tavner discloses the non-transitory computer-readable storage medium of claim 3, wherein the altitude is converted to 8 bits based on predetermined ranges (Tavner discloses ([0006] send back position data from a different GPS or other satellite-based position receiver in the device. The Examiner submits that plurality of first antenna elements are configured to have equal or unequal phases and to form a beam, is a design choice, and one of skilled in the art could have chosen a desired range as it is common practice in order to provide practical grid representation of the earth with more precision).
Regarding claim 5, Tavner discloses the non-transitory computer-readable storage medium of claim 4, wherein the altitude is converted based on 3 predetermined ranges Tavner discloses ([0006] send back position data from a different GPS or other satellite-based position receiver in the device. The Examiner submits that plurality of first antenna elements are configured to have equal or unequal phases and to form a beam, is a design choice, and one of skilled in the art could have chosen a desired range as it is common practice in order to provide practical grid representation of the earth with more precision.
Regarding claim 6, Tavner discloses the non-transitory computer-readable storage medium of claim 5, wherein said ranges are not linear (Tavner discloses ([0006] send back position data from a different GPS or other satellite-based position receiver in the device.).
Regarding claim 7, Tavner discloses the non-transitory computer-readable storage medium of claim 1, wherein a most recent positional information is sent first in the situational awareness packets (([0021] … to send position data from a GPS inside the RPA back to the ground control station.).
Regarding claim 8, Tavner discloses the non-transitory computer-readable storage medium of claim 1, wherein the positional information is received from an asset only at predetermined intervals (Abstract, an indirect control link with the ground control station, via satellites, that is used to send command signals to the device and to send back flight information and position data from a GPS or other satellite-based position receiver in the device; [0006] send command signals to the device and to send back flight information and position data from a GPS or other satellite-based position receiver in the device).
Regarding claim 9, Tavner discloses the non-transitory computer-readable storage medium of claim 1, wherein the positional information is received from an asset if said asset has moved more than a predetermined distance (([0159] The aircraft carries inspection …. may send information directly back to the control center or store it onboard to send back when landed).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst can be reached at 5712705371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIO R PEREZ/Primary Examiner, Art Unit 2644
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