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 .
Response to Amendment
The 35 US 112 rejections of claims 3, 5, 16 have been withdrawn.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the arguments do not apply to the references as used in the current rejection.
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 1-6, 8-11 and 13-21 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 1 recites the limitation "the command to provide a beacon to the target location". There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites “while airborne, receive a command to deliver the blood product, the command received via a wireless communication circuit of the unmanned helicopter, and the command to provide a beacon to the target location”. Not clear. What does the command to provide a beacon mean? To provide a physical beacon on the ground? Should this read that the beacon is used for guidance?
Further, the limitation “the command to provide a beacon to the target location” in not seen in the instant specification. Paragraph [0030] merely details “A location beacon could be used which transmits the location beacon's GPS location to the drone.”
Claims 10, 20 recites a similar limitation and is similarly rejected.
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, 6, 8-11, 15-17, 19, 20-22 rejected under 35 U.S.C. 103 as being unpatentable over Haskin et al (9650136) in view of Sweeny et al (US 20200094962) in view of Bennet et al (US 20200288895).
In regards to claim 1, Haskin discloses an unmanned helicopter for delivering a blood product to a target location, comprising:
a body (as seen in Fig. 2 ref. 250); a plurality of spinning rotors, each rotor comprising at least one propeller (Fig. 2 ref. 230); a cord (ref. 412) coupled to a container configured to contain the blood product (ref. 414 container, ref. 414 capable of carrying blood product, MPEP 2112.01); a drop mechanism configured to lower the cord and the blood product and to resist gravitational acceleration of the container during at least a portion of a descent of the container (ref. 214, payload releasing mechanism); and
a control circuit configured to: navigate the unmanned helicopter to the target location (C2:65 "a UAV 110 may be deployed to a location 120 associated with a user to deliver a package 112", Haskin further details controllers, processors, computers for use with the UAV, accordingly comprising a control circuit):
Haskin does not expressly disclose:
while airborne, receive a command to deliver the blood product, the command received via a wireless communication circuit of the unmanned helicopter, and the command to provide a beacon to the target location; and
Sweeny teaches commanding a UAV, while airborne to deliver a product (Fig. 6 chart, [0139] "one or more operations of the processes 600-700 can be performed manually, e.g., remotely by an operator of the drone 120 from the base station 125", accordingly comprising a wireless communication circuit for remote commands from user).
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, Haskin with Sweeny by providing for the control circuit to, while airborne, receive a command to deliver the blood product, the command received via a wireless communication circuit of the unmanned helicopter, in order to allow the vehicle to be remotely controlled by a remote pilot to a wide array of locations which may not be mapped.
Haskin does not expressly disclose: and the command to provide a beacon to the target location;
Bennet a UAV delivery system which uses beacon for guiding a UAV into a location for delivery ([0086] “beacon unit 327 can have an associated sound or light beacon that is triggered by a delivery unit (even optics outside of visible range) for guidance over the last 10 meters”).
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, Haskin with Bennet by providing a beacon for a target location in order to provide a more precise location for drone to deliver a product.
Haskin as combined further discloses:
in response to following the beacon, control the drop mechanism to lower the cord and the container containing the blood product to the target location (Haskin as seen in Fig. 4 for ref. 414, delivery of product in ref. 414).
Further, if it is determined that Haskin as combined does not comprise a wireless communication circuit, Fig. 6 of Bennet details a block schematic of control circuit for drone which comprises communication circuit ref. 691. Therefore, 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, Haskin with Bennet by providing a wireless communication circuit to perform communications for automated or remotely controlled functions of the UAV as these circuits and controllers are well known in the art, as well as allowing the UAV to function remotely from a delivery person.
In regards to claim 3, Haskin as combined discloses the unmanned helicopter of Claim 1, while Haskin discloses controlling the lowering speed of the tether (C7:4), Haskin does not expressly disclose: wherein the drop mechanism is configured to lower the cord and blood product at a velocity between 0.5 meters per second and 3 meters per second. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide that that the drop mechanism is configured to lower the cord and blood product at a velocity between 0.5 meters per second and 3 meters per second in order to prevent damage to the payload being delivered or to the drop mechanism, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In regards to claim 6, Haskin as combined discloses the unmanned helicopter of Claim 1, the wireless communication circuit configured to receive the command to deliver the blood product from a transmitter at or near the target location (Haskin Fig. 7 discloses wireless communication with vehicle, Fig. 1 suggests user ordering at or near target location of ref. 120, Sweeny Fig. 1).
In regards to claim 8, Haskin as combined discloses the unmanned helicopter of Claim 1, wherein the cord has two opposite ends, both of which ends are left at the target location when the blood product is delivered to the target location (Haskin C13:51 discloses both ends of the tether/cable are left behind "Once the cable is released, a portion of the cable or the entire cable and the package may be completely decoupled from the UAV, and thereby delivered to the delivery surface").
In regards to claim 9, Haskin as combined discloses the unmanned helicopter of Claim 1, but does not expressly disclose: wherein the container comprises a vibration mitigation device disposed at a bottom surface of the container, the vibration mitigation device selected from the at least one of a foam, a spring and a pad.
Sweeny teaches a container which uses a foam vibration mitigation device at a bottom surface of the container ([0145] "the container 900 has foam or other similar material in the base", "the foam-based base can act an impact-absorbing base").
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, Haskin with Sweeny by providing the container comprises a vibration mitigation device disposed at a bottom surface of the container comprising foam in order to cushion objects within from hard drops or landings.
In regards to claim 21, Haskin as combined discloses the unmanned helicopter of claim 1, further comprising: the control circuit configured to: receive, from a computing device located at or near the target location, a second command to lower the cord and the container (Haskin Fig. 7 discloses wireless communication with vehicle, Fig. 1 suggests user ordering at or near target location of ref. 120, Sweeny Fig. 1, Haskin discloses lowering, as seen in Fig. 4 for ref. 414, accordingly lowering commanded).
In regards to claim 22, Haskin as combined discloses the unmanned helicopter of claim 1, further comprising: the control circuit configured to: adjust an altitude of the unmanned helicopter based at least on a length of the cord (Haskin as seen in Fig. 4, altitude of UAV adjusted downward to drop container ref. 414, thus the altitude adjusted is based on, container hitting ground, and on the length of cord when this occurs).
In regards to claim 10, Haskin discloses a method of delivering a blood product to a target using an unmanned helicopter, comprising: receiving, by a control circuit of the unmanned helicopter, target location data specifying a geographic location of the target ((C3:7 "The UAV 110 may be remotely controlled or autonomously operated to fly the package 112 from the facility to the location 120");
navigating, by the control circuit, the unmanned helicopter to the target using the target location data (C5:47 "and other systems to aid in navigating the UAV 200 and detecting objects");
receiving, by a wireless communication circuit of the unmanned helicopter, a commandor autonomously operated to fly the package 112 from the facility to the location 120", thus commands are received at the unmanned helicopter)
Haskin does not expressly disclose: the command to provide a beacon to the target location;
Bennet a UAV delivery system which uses beacon for guiding a UAV into a location for delivery ([0086] “beacon unit 327 can have an associated sound or light beacon that is triggered by a delivery unit (even optics outside of visible range) for guidance over the last 10 meters”).
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, Haskin with Bennet by providing a beacon for a target location in order to provide a more precise location for drone to deliver a product.
Haskin as combined further discloses:
while Haskin discloses: lowering a container containing a blood product from the unmanned helicopter using a cord at one or more controlled speeds (as seen in Figs. 4, lowering of ref. 414),
Haskin does not expressly disclose: in response to following the beacon, lowering, by the control circuit, a container containing [[a]] the blood product from the unmanned helicopter using a cord at one or more controlled speeds.
Sweeny teaches commanding a UAV to deliver a product (Fig. 6 chart, [0139] "one or more operations of the processes 600-700 can be performed manually, e.g., remotely by an operator of the drone 120 from the base station 125", ref. 625).
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, Haskin as combined with Sweeny by providing for, in response to following the beacon, lowering, by the control circuit, a container containing a blood product from the unmanned helicopter using a cord at one or more controlled speeds in order to allow the vehicle to be remotely controlled by a remote pilot.
Further, if it is determined that Haskin as combined does not comprise a control circuit for target location data specifying a geographic location of the target, navigating, by the control circuit, Bennet teaches control circuits for a delivery drone, Fig. 6 of Bennet details a block schematic of control circuit for drone. Therefore, 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, Haskin with Bennet by providing a control circuit to perform automated or remotely controlled functions of the UAV as these circuits and controllers are well known in the art, as well as allowing the UAV to function remotely from a delivery person.
In regards to claim 11, Haskin as combined discloses the method of Claim 10, wherein the command is initiated from a transmitter at the geographic location (Haskin as seen in Fig. 1, geographic location of ref. 120, dwelling, C3:4 "the user may have operated a computing device to access a network-based resource to order an item").
In regards to claim 15, Haskin as combined discloses the method of Claim 10, the cord having two opposite ends, and further comprising lowering by the control circuit both ends of the cord to the target (Haskin C13:51 discloses both ends of the tether/cable are left behind "Once the cable is released, a portion of the cable or the entire cable and the package may be completely decoupled from the UAV, and thereby delivered to the delivery surface").
In regards to claim 16, Haskin discloses the method of Claim 10, while Haskin discloses controlling the lowering speed of the tether (C7:4), Haskin does not expressly disclose: wherein the blood product is lowered at a speed less than 1.5 meters per second for at least half of a distance from the unmanned helicopter to the target. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide that the blood product is lowered at a speed less than 1.5 meters per second for at least half of a distance from the unmanned helicopter to the target in order to prevent damage to the payload being delivered or to the drop mechanism, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In regards to claim 17, Haskin as combined discloses the method of Claim 10, further comprising sensing, by the control circuit, a force imposed on the container and storing, by the control circuit, the force in a memory circuit in the unmanned helicopter (Haskin tension sensor C12:17 "tension sensors may be used to determine that the package 414 may be in contact with the delivery surface and accordingly release the above described activation signal", Sweeny [0135] "the drone 120 has on-board sensors that can detect a change in load carried by the suspension means 135", ref. 1810 memory).
In regards to claim 19, Haskin discloses the method of Claim 10, but does not expressly disclose: wherein the lowered container comprises a plurality of blood product containers and disposable transfusion materials comprising needles.
Sweeny teaches a UAV delivery system capable of carrying blood and medicine accordingly disposable transfusion materials comprising needles ([0140] "The container 800 can include multiple compartments for holding different types of payload and/or different types of payload that are temperature sensitive, e.g., food, medicine, blood").
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, Haskin as combined with Sweeny by providing the lowered container comprises a plurality of blood product containers and disposable transfusion materials such as needles in order to allow the device to be used for both commercial or emergency applications.
In regards to claim 20, Haskin discloses a vehicle for delivering a blood product to a target location, comprising:
a motive component (Fig. 2 ref. 230);
a cord (ref. 412) coupled to a container configured to contain the blood product (ref. 414, intended use, ref. 414 capable of carrying blood product);
a drop mechanism configured to: lower the cord and the blood product and resist gravitational acceleration of the container during at least a portion of a descent of the container (ref. 214, payload releasing mechanism); and
a control circuit configured to:
navigate the vehicle to the target location (C3:7 "The UAV 110 may be remotely controlled or autonomously operated to fly the package 112 from the facility to the location 120", C5:18 "the management component 202 may include or interface with an onboard computing system 204 hosting a management module for autonomously or semi-autonomously controlling and managing various operations of the UAV 200"),
while airborne, receive a command to deliver the blood product (C3:7 "The UAV 110 may be remotely controlled or autonomously operated to fly the package 112 from the facility to the location 120", thus commands are received to deliver the product),
the command received via a wireless communication circuit of the vehicle (C3:7 “he UAV 110 may be remotely controlled or autonomously operated to fly the package 112 from the facility to the location 120, deliver the package 112”, C15:14 “the server 704 may be in communication with the drone 700 to facilitate a delivery of an item ordered from the electronic marketplace. This communication may occur over the network 706”, accordingly comprising a communication circuit),
Haskin does not expressly disclose: the command to provide a beacon to the target location.
Bennet a UAV delivery system which uses beacon for guiding a UAV into a location for delivery ([0086] “beacon unit 327 can have an associated sound or light beacon that is triggered by a delivery unit (even optics outside of visible range) for guidance over the last 10 meters”).
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, Haskin with Bennet by providing a beacon for a target location in order to provide a more precise location for drone to deliver a product.
Haskin does not expressly disclose:
the control circuit configured, in response to following the beacon, control the drop mechanism to lower the cord and the container containing the blood product to the target location.
Sweeny teaches commanding a UAV to deliver a product (Fig. 6 chart, [0139] "one or more operations of the processes 600-700 can be performed manually, e.g., remotely by an operator of the drone 120 from the base station 125", ref. 625).
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, Haskin as combined with Sweeny by providing for, in response to receiving the command to deliver the blood product, to control the drop mechanism to lower the cord and container containing the blood product to the target location in order to allow the vehicle to be remotely controlled by a remote pilot.
Further, if it is determined that Haskin as combined does not comprise a wireless communication circuit, Fig. 6 of Bennet details a block schematic of control circuit for drone which comprises communication circuit ref. 691. Therefore, 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, Haskin with Bennet by providing a wireless communication circuit to perform communications for automated or remotely controlled functions of the UAV as these circuits and controllers are well known in the art, as well as allowing the UAV to function remotely from a delivery person.
Claim 2 rejected under 35 U.S.C. 103 as being unpatentable over Haskin, Sweeny, Bennet as applied to claim 1 above, and further in view of Buchmueller et al (US 10071804).
In regards to claim 2, Haskin discloses the unmanned helicopter of Claim 1, but does not expressly disclose: wherein the drop mechanism comprises a pulley configured to lower the cord and a passive speed limiter mounted to the pulley and configured to at least partially resist rotation of the pulley while lowering the cord.
Buchmueller teaches a passive brake mechanism for a UAV tether 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, Haskin as combined with Buchmueller by providing the drop mechanism comprises a pulley configured to lower the cord and a passive speed limiter mounted to the pulley and configured to at least partially resist rotation of the pulley while lowering the cord in order to prevent the tether releasing the payload at a fast rate to prevent damage.
Claim 4, 5, 13, 14, 18 rejected under 35 U.S.C. 103 as being unpatentable over Haskin, Sweeny, Bennet as applied to claim 1, 10 above, and further in view of Wheeler (US 6260360).
In regards to claim 4, Haskin as combined discloses the unmanned helicopter of Claim 1, but does not expressly disclose: further comprising a thermoelectric device configured to use electrical energy to control a temperature of the blood product.
Wheeler teaches a container for transporting and comprising a thermoelectric device for regulating the temperature of the contents of the container (abstract "A portable container (10) for receiving contents for transport while regulating the temperature of the contents includes a combined heater and/or cooler in the form of a Peltier effect device (50)").
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, Haskin as combined with Wheeler by providing a thermoelectric device configured to use electrical energy to control a temperature of the blood product in order to keep the set temperature unchanged and locked during transport as well as providing thermal efficiency and light weight.
In regards to claim 5, Haskins as combined discloses the unmanned helicopter of Claim 4, wherein the thermoelectric device comprises a Peltier effect device (Wheeler abstract), however Haskins as combined does not expressly disclose the Peltier effect device is configured to keep the blood product at between 3 degrees C and 30 degrees C. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide that the Peltier effect device is configured to keep the blood product at between 3 degrees C and 30 degrees C in order to prevent damage due to fluctuations in temperature, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In regards to claim 13, Haskin discloses the method of Claim 10, but does not expressly disclose: further comprising controlling, by the control circuit, a temperature of the container with a thermoelectric device configured to use electrical energy.
Wheeler teaches a container for transporting and comprising a thermoelectric device for regulating the temperature of the contents of the container (abstract "A portable container (10) for receiving contents for transport while regulating the temperature of the contents includes a combined heater and/or cooler in the form of a Peltier effect device (50)").
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, Haskin as combined with Wheeler by controlling, by the control circuit, the temperature of the container with a thermoelectric device configured to use electrical energy in order to keep the set temperature unchanged and locked during transport as well as providing thermal efficiency and light weight.
In regards to claim 14, Haskin as combined discloses the method of Claim 13, but does not expressly disclose: wherein the temperature is maintained at less than 4 degrees C during at least a portion of navigating the unmanned helicopter.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide that the temperature is maintained at less than 4 degrees C during at least a portion of the navigating in order to prevent damage due to fluctuations in temperature, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In regards to claim 18, Haskin discloses the method of Claim 17, but does not expressly disclose: further comprising monitoring, by the control circuit, a temperature within the container during at least a portion of navigating the unmanned helicopter, by the control circuit, and storing, by the control circuit, the temperature in the memory circuit in the unmanned helicopter.
Wheeler teaches monitoring a temperature within a compartment/container while in use and storing the monitored temperature in a memory a system (C2:20 "the control unit of the container is arranged to store a desired temperature for the contents of the container, to receive a signal from a temperature sensor located within the container").
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, Haskin as combined with Wheeler by providing for control system of the UAV of Haskin to monitor a temperature within the compartment during at least a portion of the navigating and storing the monitored temperature in the memory circuit in the unmanned helicopter in order to maintain a constant temperature to accommodate a greater variety of cargo.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/V.R./Examiner, Art Unit 3642
/MEDHAT BADAWI/Primary Examiner, Art Unit 3642