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
This action is responsive to applicant's amendment and remarks received on 03/03/2026.
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.
Claims 1-4, 6, 11 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hoheisel (US 20180194467 A1) in view of Gibbons (US 11,609,094 B1 – newly cited) and David (US 20160054204 A1).
Regarding claim 1, Hoheisel discloses a multilevel high-altitude balloon payload, comprising:
a frame configured to be suspended from a high-altitude balloon (Fig. 1; [0030]–[0034]: teaches a balloon payload system with a gondola 108 and central housing unit 110 that are suspended from a high-altitude balloon envelope 102 via coupling member 104.);
a GPS ([0034], [0039]: GPS 118) and compass module mounted on the frame and configured to collect location data and orientation data of the frame ([0034], [0039]: teaches accelerometers, gyroscopes, magnetometers (compass), and sun-angle sensors contained within sensors 117, mounted in central housing unit 110. These collectively provide location and orientation data.);
a flight controller mounted on the frame and communicatively coupled to the GPS and compass module, wherein the flight controller is configured to control the orientation of the frame based on the location data and orientation data collected by the GPS and compass module ([0033]–[0039], [0046]–[0049], [0052]–[0064]: Processor 112 together with flight system 115 receive location and orientation data from GPS 118 and sensor suite 117 (including magnetometers/IMU) and use that data to generate orientation-control commands for powered gimbal 130 and rotational stabilization devices 120. Thus, Hoheisel discloses a flight controller coupled to GPS/compass hardware and configured to control frame orientation based on collected sensor data.);
a sensor probe positioned on the frame and configured to take atmospheric measurements of conditions surrounding the high-altitude balloon payload, wherein the conditions include humidity, temperature, wind speed and direction, and light intensity and flux ([0039], [0058], [0080]: teaches sensors 117 may include humidity sensors, temperature sensors, wind sensors, light sensors, cameras and other atmospheric sensors.);
at least one reaction wheel mounted on the frame, operatively coupled to the flight controller, and configured to provide control of the orientation of the frame through rotation of the at least one reaction wheel (fig. 1; [0034]–[0038], [0040], [0045]-[0048]: flywheel 116, powered gimbal 130, and rotational stabilization devices 120 that use rotating masses to control orientation of the balloon payload. [0029]: teaches the flywheel functions as a reaction wheel.);
at least one battery mounted on the frame and configured to power the payload (fig. 1; [0035]-[0036]: battery 113 mounted in central housing unit 110, providing power to sensors, processor, gimbal, and communications.);
an imaging system configured to collect environmental imaging data of the payload (figs. 1 and 6; [0039], [0079]-[0084]: teaches camera/video recorder which captures environmental image data.); and
an antenna configured to establish a radio telemetry link between the high-altitude balloon payload and a ground station and wirelessly communicate at least one of the location data, the orientation data, the atmospheric measurements, and the environmental imaging data to the ground station (fig. 1; [0036]: communications device 114 that includes radio-frequency wireless communication interfaces such as RF radios, satellite radios, UHF/VHF radios, cellular modems, and other wireless systems configured for establishing a communications link between the aerial platform and a ground station. [0039]: the system collects GPS-based positional data, orientation data, atmospheric/environmental sensor data, and imagery data (e.g., still images or video). The system includes sensors that generate location, orientation/positional, environmental/atmospheric, and imaging data (cameras, environmental sensors, etc.). [0079]-[0084]: the camera/video recorder 640 captures environmental image data and can store or transmit that data using the platform’s communication modules.).
However, Hoheisel does not expressly disclose through a swivel configured to isolate an orientation of the high-altitude balloon payload from an orientation of the high-altitude balloon, wherein the frame comprises a plurality of levels and each level of the plurality of levels is configured to support a different component of the multilevel high-altitude balloon payload…without controlling the orientation of the high-altitude balloon; and an aerobiological sampling payload positioned on the frame and configured to collect and store air samples, wherein the sampling payload is triggered by onboard computations for adaptive sampling.
To the extent Hoheisel does not expressly disclose “a plurality of levels,” each “configured to support a different component,” Hoheisel discloses a central housing unit supporting a multiplicity of components (processor, flywheel, sensors, communications, battery, gimbal). Arranging those components upon a plurality of levels of the frame is mere rearrangement of known components that yields no new or unexpected result and would have been an obvious matter of engineering implementation detail. See MPEP 2144.04 (VI). Such an arrangement performs the same function (supporting payload components on the frame) in the same predictable manner.
Gibbons, in the same field of endeavor (orientation/pointing of balloon-borne payloads), teaches a rotator mounted between the balloon and the payload that "separates the rotation of the gondola from the balloon" (col 1 ln 24-38; col 3 ln 53-67). The rotator comprises a shaft supported on axial and radial bearings (bearings 104, 112) permitting the payload to rotate relative to the balloon about the suspension axis, thereby isolating the payload orientation from the balloon orientation as claimed.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the rotational-isolation swivel taught by Gibbons into the balloon payload of Hoheisel. The motivation arises directly from Hoheisel itself, which seeks accurate payload pointing yet acknowledges undesired coupling of payload momentum to the balloon ([0048]); Gibbons solves precisely this problem by mechanically separating payload rotation from balloon rotation. The combination is the use of a known technique (a rotation-isolating swivel/rotator) to improve a similar device (a balloon payload pointing system) in the same predictable way, with a reasonable expectation of success.
However, the combination of Hoheisel in view of Gibbons does not expressly disclose an aerobiological sampling payload positioned on the frame and configured to collect and store air samples, wherein the sampling payload is triggered by onboard computations for adaptive sampling.
In an analogous art, David is directed to air-sampling systems used to collect aerosols including hazardous airborne microorganisms such as anthrax and other airborne biological contaminants ([0003]), i.e., an aerobiological air-sampling context. David discloses an automatic re-loading air-sampling and pneumatic transport system 100 including a wheel assembly 101 mounted to a support base 109/chassis 601 (frame) with a plurality of chambers 103 that retain air-sampling cartridges 125 ([0034], [0035], [0038], [0047]–[0048]). Each air-sampling cartridge 125 is a hollow cylinder containing sampling media (media pad 126 and/or internal media) configured to collect aerosols from ambient air when air is drawn through the cartridge by a vacuum pump during sampling operation ([0008]–[0011], [0035], [0045]). David further explains that air-sampling devices “collect and store air samples” ([0005]) and that its system holds a plurality of unused and used cartridges in wheel assembly 101, with cartridges remaining retained in chambers 103 at the sampling position and transport position until transported, thereby storing the collected air samples on the device ([0011]–[0013], [0015], [0034], [0038]). Accordingly, David teaches an aerobiological air-sampling payload (system 100 with cartridges 125 and associated vacuum/compressor hardware) positioned on a frame (support base/chassis) and configured to collect and store air samples within the cartridges.
The recitation “for adaptive sampling” is not given patentable. It is a segment of intended use/result of the recited triggering and does not impose any structure beyond the antecedent recitation that the payload is “triggered by onboard computations.” A recitation of intended use or result must impart a structural or functional difference over the prior art to be entitled patentable weight; here it does not, because, the prior art structure – a sampling payload triggered by an onboard processor – is fully capable of performing the recited “adaptive sampling.” See MPEP 2114 and 2111.04. Accordingly, the limitation distinguishes, if at all, only by the trigger being “onboard computations,” which is taught/suggested as set forth above.
Both references are in the same field of environmental/atmospheric sensing, and David is reasonably pertinent to the problem addressed by Hoheisel (expanding unmanned environmental data collection capabilities). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the air-sampling cartridge payload of David into the high-altitude balloon payload of Hoheisel (as modified by Gibbons) in order to expand the environmental sensing capabilities of the balloon platform. Hoheisel already provides a modular framework configured to carry multiple atmospheric sensors, and David teaches a compact, autonomous air-sampling module designed to collect and store airborne aerosols, including biological particulates, for later analysis (David [0003], [0008]–[0011], [0035]). Substituting or adding David’s known air-sampling payload to the existing sensor suite of Hoheisel constitutes the predictable use of a known element to improve a similar device, yielding the expected benefit of enabling high-altitude biological air sampling.
Regarding claim 2, Hoheisel in view of Gibbons and David discloses the payload of claim 1, further comprising one or more solar panels mounted on a side of the frame (Hoheisel [0035]: teaches solar panel/cells mounted on the gondola/frame 108/110 so as to translate solar energy into electrical energy for storage in power module 113 (rechargeable batteries). Fig. 6 and [0079]-[0081]: teaches solar panel/cell 630 mounted on the gondola's central housing unit which is effectively the frame/payload structure suspended from the balloon.), wherein the flight controller is configured to control the orientation of the frame to orient the one or more solar panels toward the sun (Hoheisel teaches one or more solar panels mounted on a side of the payload frame. Hoheisel discloses that the gondola housing may incorporate solar cells/panels positioned on its external surfaces to generate electrical power during flight (fig. 6 element 630; [0035], [0079]-[0081]). Hoheisel further teaches that processor 112 and flight system 115 receive sun-angle sensor data and orientation data and use powered gimbal 130 and stabilization devices 120 to control the orientation of the gondola ([0039], [0045]–[0049], [0052]–[0064], [0089]). Therefore, a person of ordinary skill in the art before the effective filing date would have recognized using Hoheisel’s existing orientation-control loop—which already adjusts the payload based on sun-angle sensing—to orient the solar panels toward the sun. Doing so yields the predictable benefit of maximizing solar exposure and electrical generation, a well-understood requirement in solar-powered aerial systems. The modification involves applying Hoheisel’s disclosed orientation-control capability to the already-disclosed solar panels and would have required only routine skill.).
Same motivation to combine/modify as claim 1.
Regarding claim 3, Hoheisel in view of Gibbons and David discloses the payload of claim 1, wherein the sensor probe has an onboard microcontroller (Hoheisel [0033]–[0034], [0039], [0080], [0088]–[0090]: teaches that the gondola’s environmental sensors and measurement hardware (e.g., sun-angle sensors, temperature sensors, magnetometers, gyroscopes, inertial management unit (IMU) modules, pressure sensors, etc.) interface with and are controlled by embedded computing hardware including processor 112 and additional microcontroller-based control electronics contained within or attached to the payload support structure. Hoheisel further discloses that these sensor modules and auxiliary hardware components include local processing electronics for measurement, data logging, and orientation-control feedback (e.g., IMU, magnetometer, GPS, sun-angle sensor), each of which is understood in the art to incorporate an onboard microcontroller or embedded microprocessor to manage sensor timing, digital conversion, and data preprocessing. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include an onboard microcontroller in the recited sensor probe in order to perform local data acquisition and preprocessing and to reduce the computational burden on the central processor, which is a well-understood and predictable design practice in distributed sensing systems.).
Same motivation to combine/modify as claim 1.
Regarding claim 4, Hoheisel in view of Gibbons and David discloses the payload of claim 1, wherein the at least one reaction wheel is oriented to rotate about a vertical axis and configured to stabilize a yaw angle of the frame (Hoheisel [0027]–[0029], [0030], [0046]–[0048]: teaches yaw-axis stabilization using a reaction-wheel/momentum-wheel device (flywheel 116) that resists yaw deflection, generates yaw momentum, and stabilizes the payload’s azimuth/yaw orientation. These functions require the wheel’s spin axis to be aligned with the vertical (yaw) axis, and Hoheisel expressly describes the device as providing yaw-axis rotational stabilization for the suspended gondola. A person of ordinary skill in the art would therefore understand Hoheisel’s reaction-wheel configuration to correspond to a reaction wheel oriented about the vertical axis and used to stabilize yaw angle as claimed.).
Same motivation to combine/modify as claim 1.
Regarding claim 6, Hoheisel in view of Gibbons and David discloses the payload of claim 1, wherein the frame is configured to swivel with respect to the high-altitude balloon over a range of at least 360 degrees (Hoheisel [0027]–[0030], [0038], [0046]–[0048]: teaches a balloon-suspended payload gondola that is freely rotatable in azimuth and further includes a flywheel/momentum wheel (flywheel 116) specifically designed to generate and resist yaw rotation, providing controlled continuous rotation about the vertical axis. Hoheisel’s yaw-axis rotational control explicitly supports full-circle (360°) azimuthal rotation with respect to the balloon tether point in order to point sensors or payloads toward desired viewing directions. A person of ordinary skill in the art would understand that a payload capable of yaw stabilization, yaw momentum generation, and azimuth pointing—as disclosed by Hoheisel—must necessarily support 360° rotational freedom about the suspension axis. It would have been obvious to implement the frame as capable of swiveling through at least 360 degrees because Hoheisel’s yaw-momentum stabilization and azimuth-pointing design inherently accommodates continuous rotation, consistent with standard balloon-gondola architectures used for full-azimuth pointing control.).
Same motivation to combine/modify as claim 1.
Regarding claim 11, Hoheisel in view of Gibbons discloses the payload of claim 7, further but does not expressly disclose comprising an aerobiological sampling payload positioned on the frame and configured to collect and store air samples.
In an analogous art, David is directed to air-sampling systems used to collect aerosols including hazardous airborne microorganisms such as anthrax and other airborne biological contaminants ([0003]), i.e., an aerobiological air-sampling context. David discloses an automatic re-loading air-sampling and pneumatic transport system 100 including a wheel assembly 101 mounted to a support base 109/chassis 601 (frame) with a plurality of chambers 103 that retain air-sampling cartridges 125 ([0034], [0035], [0038], [0047]–[0048]). Each air-sampling cartridge 125 is a hollow cylinder containing sampling media (media pad 126 and/or internal media) configured to collect aerosols from ambient air when air is drawn through the cartridge by a vacuum pump during sampling operation ([0008]–[0011], [0035], [0045]). David further explains that air-sampling devices “collect and store air samples” ([0005]) and that its system holds a plurality of unused and used cartridges in wheel assembly 101, with cartridges remaining retained in chambers 103 at the sampling position and transport position until transported, thereby storing the collected air samples on the device ([0011]–[0013], [0015], [0034], [0038]). Accordingly, David teaches an aerobiological air-sampling payload (system 100 with cartridges 125 and associated vacuum/compressor hardware) positioned on a frame (support base/chassis) and configured to collect and store air samples within the cartridges.
Both references are in the same field of environmental/atmospheric sensing, and David is reasonably pertinent to the problem addressed by Hoheisel (expanding unmanned environmental data collection capabilities). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the air-sampling cartridge payload of David into the high-altitude balloon payload of Hoheisel (as modified by Gibbons) in order to expand the environmental sensing capabilities of the balloon platform. Hoheisel already provides a modular framework configured to carry multiple atmospheric sensors, and David teaches a compact, autonomous air-sampling module designed to collect and store airborne aerosols, including biological particulates, for later analysis (David [0003], [0008]–[0011], [0035]). Substituting or adding David’s known air-sampling payload to the existing sensor suite of Hoheisel constitutes the predictable use of a known element to improve a similar device, yielding the expected benefit of enabling high-altitude biological air sampling.
Claim 16 is rejected for the same reasons as set forth with respect to Claim 1 above. Claim 16 is directed to a method reciting steps/functions corresponding to the system features/functions of Claim 1, and the scope and content of the recited limitations are substantially the same.
Claim 17-18 are rejected for the same reasons as set forth with respect to Claim 2 above. Claim 17-18 are directed to a method reciting steps/functions corresponding to the system features/functions of Claim 2, and the scope and content of the recited limitations are substantially the same.
Regarding claim 19, Hoheisel in view of Gibbons and David discloses the method of claim 16, wherein positioning the high-altitude balloon payload in the desired orientation comprises determining a desired direction of rotation for the high-altitude balloon payload and rotating a reaction wheel mounted on the high-altitude balloon payload in a direction opposite the desired direction of rotation (Hoheisel [0029]: discloses a flywheel functioning as a reaction wheel used as part of the gondola’s rotational stabilization and azimuth-pointing system. Hoheisel explains that the processor/flight controller determines a desired rotational orientation based on GPS, magnetometer, and IMU data ([0033]-[0034], [0038], [0046]-[0049]) and commands rotational stabilization device 120 (the reaction wheel) to spin. Because the reaction wheel provides torque equal and opposite to its rotation, spinning the reaction wheel in one direction causes the gondola to rotate in the opposite direction ([0029], [0047]-[0049], [0052]-[0064]). Thus, Hoheisel teaches determining the desired direction of rotation of the balloon-suspended gondola and rotating a reaction wheel in the opposite direction to achieve that rotation.).
Same motivation to combine/modify as claim 1.
Claim 20 is rejected for the same reasons as set forth with respect to Claim 6 above. Claim 20 is directed to a method reciting steps/functions corresponding to the system features/functions of Claim 6, and the scope and content of the recited limitations are substantially the same.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hoheisel (US 20180194467 A1) in view of Gibbons (US 11,609,094 B1 – newly cited) and David (US 20160054204 A1) as applied to claim 1 above, further in view of Lord (US 6455851 B1).
Regarding claim 5, Hoheisel in view of Gibbons and David discloses the payload of claim 1, but does not expressly disclose the imaging system having a pitch-gimbaled multi-spectral camera and a spectrometer. Hoheisel teaches a high-altitude balloon gondola carrying a payload 131 on a powered gimbal 130, where the gimbal actively controls the pitch orientation of the payload/imagery hardware toward selected targets or regions of interest (Hoheisel, Fig. 1, 6-7; [0026]-[0029], [0033]-[0035], [0041]-[0042], [0078]-[0083], [0087]-[0089]). Hoheisel thus teaches an imaging system mounted on a pitch-gimbaled platform.
In analogous art, Lord teaches that remote sensing instruments commonly combine an imaging camera and spectrometers in a single co-operating system: in the disclosed exhaust-monitoring instrument, video camera 26 captures images of the vehicle and exhaust plume while separate IR and UV-vis dispersive spectrometers 48, 54 acquire wavelength-resolved spectra from the same probed air column (Abstract; Figs. 1-4; col 3 ln 4-50; col 4 ln 28-48, col 5 ln 1-18, col 5 ln 42-55, col 7 ln 65 – col 8 ln 38, col 9 ln 40 – col 10 ln 32).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Hoheisel’s (as combined/modified by Gibbons and David) pitch-gimbaled imaging payload as a multispectral camera (e.g., covering multiple bands) and to further integrate or co-locate a spectrometer, as taught by Lord, so that the balloon payload simultaneously captures environmental imagery and wavelength-resolved spectral data from the same scene. Doing so would merely apply Lord’s well-known remote-sensing architecture (camera and spectrometers on a common line of sight) to Hoheisel’s balloon platform to improve environmental/atmospheric characterization and target discrimination, a predictable enhancement that yields the expected benefit of richer, co-registered imaging and spectral data without altering the underlying operation of Hoheisel’s gimbaled payload system.
Claim(s) 7, 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoheisel (US 2018/0194467 A1) in view of Gibbons (US 11,609,094 B1 – newly cited).
Regarding claim 7, Hoheisel discloses a multilevel high-altitude balloon payload (figs. 1-2), comprising:
a frame configured to be suspended from a high-altitude balloon (Fig. 1; [0030]–[0033]: gondola/frame 108 suspended from balloon envelope 102 by coupling member 104);
a GPS ([0034], [0039] GPS 118) and compass module mounted on the frame and configured to collect location data and orientation data of the frame ([0034], [0039]: teaches accelerometers, gyroscopes, magnetometers (compass), and sun-angle sensors contained within sensors 117, mounted in central housing unit 110. These collectively provide location and orientation data.);
a flight controller mounted on the frame and communicatively coupled to the GPS and compass module, wherein the flight controller is configured to control the orientation of the frame based on the location data and orientation data collected by the GPS and compass module ([0033]–[0039], [0046]–[0049], [0052]–[0064]: Processor 112 together with flight system 115 receive location and orientation data from GPS 118 and sensor suite 117 (including magnetometers/IMU) and use that data to generate orientation-control commands for powered gimbal 130 and rotational stabilization devices 120. Thus, Hoheisel discloses a flight controller coupled to GPS/compass hardware and configured to control frame orientation based on collected sensor data.);
a sensor probe positioned on the frame and configured to take atmospheric measurements ([0039], [0058], [0080]: teaches sensors 117 may include humidity sensors, temperature sensors, wind sensors, light sensors, cameras and other atmospheric sensors.);
an orientation control system mounted on the frame, operatively coupled to the flight controller, and configured to provide control of the orientation of the frame (fig. 1; [0034]–[0038], [0040], [0045]-[0048]: flywheel 116, powered gimbal 130, and rotational stabilization devices 120 that use rotating masses to control orientation of the balloon payload.); and
an antenna configured to establish a radio telemetry link between the high-altitude balloon payload and a ground station and wirelessly communicate the atmospheric measurements to the ground station (fig. 1; [0036]: communications device 114 that includes radio-frequency wireless communication interfaces such as RF radios, satellite radios, UHF/VHF radios, cellular modems, and other wireless systems configured for establishing a communications link between the aerial platform and a ground station.).
However, Hoheisel does not expressly disclose “through a swivel configured to isolate an orientation of the high-altitude balloon payload from an orientation of the high-altitude balloon.”
Gibbons, in the same field of endeavor (orientation/pointing of balloon-borne payloads), teaches a rotator mounted between the balloon and the payload that "separates the rotation of the gondola from the balloon" (col 1 ln 24-38; col 3 ln 53-67). The rotator comprises a shaft supported on axial and radial bearings (bearings 104, 112) permitting the payload to rotate relative to the balloon about the suspension axis, thereby isolating the payload orientation from the balloon orientation as claimed.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the rotational-isolation swivel taught by Gibbons into the balloon payload of Hoheisel. The motivation arises directly from Hoheisel itself, which seeks accurate payload pointing yet acknowledges undesired coupling of payload momentum to the balloon ([0048]); Gibbons solves precisely this problem by mechanically separating payload rotation from balloon rotation. The combination is the use of a known technique (a rotation-isolating swivel/rotator) to improve a similar device (a balloon payload pointing system) in the same predictable way, with a reasonable expectation of success.
Regarding claim 12, Hoheisel in view of Gibbons discloses the payload of claim 7, wherein the orientation control system comprises at least one reaction wheel and wherein the orientation control system is configured to provide control of the orientation of the frame through rotation of the at least one reaction wheel (Hoheisel [0029]: teaches flywheel 116 functioning as a reaction wheel and is actively driven to generate or resist rotation of the suspended gondola frame. [0033]–[0034], [0038]–[0039], [0046]–[0049], [0065]–[0068]: further teaches that rotation of this reaction wheel is commanded by processor 112 and flight controller 115 to control the gondola’s azimuth orientation and stabilize its attitude.).
Same motivation to combine/modify as claim 7.
Regarding claim 13, Hoheisel in view of Gibbons discloses the payload of claim 12, wherein the at least one reaction wheel is oriented to rotate about a vertical axis and configured to stabilize a yaw angle of the frame (Hoheisel [0028]–[0029]: teaches yaw momentum stabilization hardware including flywheel 116 that functions as a reaction wheel to generate and resist yaw momentum of the gondola frame suspended from the balloon. Hoheisel further explains that the yaw momentum stabilization hardware operates about the yaw axis of the gondola, which corresponds to the vertical axis of rotation of the balloon-suspended frame (figs. 1-2, 6-7, central housing unit 110/210/610/710; [0027]-[0031]). Hoheisel still further teaches that this reaction-wheel-based yaw stabilization hardware is used to control and stabilize the yaw orientation/heading of the gondola, including maintaining a commanded azimuth heading and nullifying spin (yaw rotation rate) as shown in the yaw-control performance discussed with FIGS. 8-9 ([0045]-[0049], [0090]-[0092]).).
Same motivation to combine/modify as claim 7.
Regarding claim 14, Hoheisel in view of Gibbons discloses the payload of claim 7, further comprising an imaging system configured to collect environmental imaging data of the payload (Hoheisel fig. 6; [0039], [0079]-[0084]: teaches that the gondola/central housing unit 610 includes a camera/video recorder 640 mounted on an exterior face and configured to capture pictures and video of the environment during flight, with captured image/video data stored locally or transmitted via the communications hardware. Hoheisel explains that camera/video recorder 640 is used to image the surroundings and atmospheric conditions and that image/video data are associated with other environmental measurements.).
Same motivation to combine/modify as claim 7.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hoheisel (US 20180194467 A1) in view of Gibbons (US 11,609,094 B1 – newly cited).
Regarding claim 8, Hoheisel in view of Gibbons discloses the payload of claim 7, further comprising one or more solar panels mounted on a side of the frame (Hoheisel [0035]: teaches solar panel/cells mounted on the gondola/frame 108. Fig. 6 and [0079]-[0081]: teaches solar panel/cell 630 mounted on the gondola's central housing unit which is effectively the frame/payload structure suspended from the balloon.); however, Hoheisel does not expressly disclose wherein the flight controller is configured to control the orientation of the frame to orient the one or more solar panels toward the sun.
Hoheisel teaches one or more solar panels mounted on a side of the payload frame. Hoheisel discloses that the gondola housing may incorporate solar cells/panels positioned on its external surfaces to generate electrical power during flight (fig. 6 element 630; [0035], [0079]-[0081]). Hoheisel further teaches that processor 112 and flight system 115 receive sun-angle sensor data and orientation data and use powered gimbal 130 and stabilization devices 120 to control the orientation of the gondola ([0039], [0045]–[0049], [0052]–[0064], [0089]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to use Hoheisel’s (as modified by Gibbons) existing orientation-control loop—which already adjusts the payload based on sun-angle sensing—to orient the solar panels toward the sun. Doing so yields the predictable benefit of maximizing solar exposure and electrical generation, a well-understood requirement in solar-powered aerial systems. The modification involves applying Hoheisel’s disclosed orientation-control capability to the already-disclosed solar panels and would have required only routine skill.
Regarding claim 9, Hoheisel in view of Gibbons discloses the payload of claim 7, but does not expressly disclose wherein the sensor probe has an onboard microcontroller.
Hoheisel teaches environmental sensor modules 117 (e.g., IMU, magnetometer, temperature, pressure, sun-angle sensors) positioned on the payload frame ([0033]–[0034], [0039], [0080]). These sensors are described as providing processed orientation, environmental, and attitude data to processor 112 and flight system 115. Such sensors—including IMUs, magnetometers, GPS modules, and sun-angle sensors—are well known in the art to incorporate onboard microcontrollers for signal conditioning, data preprocessing, and digital output formatting prior to transmission to the main flight controller.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date to provide the recited atmospheric sensor probe with an onboard microcontroller, because Hoheisel (as modified by Gibbons) already relies on sensor modules that internally process and condition measurement data before providing digital outputs to processor 112. Incorporating an onboard microcontroller in the sensor probe constitutes a routine, predictable implementation of the same architecture used by Hoheisel’s disclosed sensor modules 117 and yields expected benefits such as reduced noise, improved data fidelity, and simplified interfacing.
Regarding claim 10, Hoheisel in view of Gibbons discloses the payload of claim 7, but does not expressly disclose wherein the frame is configured to swivel with respect to the high-altitude balloon over a range of at least 360 degrees.
Hoheisel teaches rotational stabilization devices 120 and a yaw-momentum flywheel 116 designed to generate, regulate, and resist yaw rotation of the suspended payload ([0027]–[0030], [0038], [0046]–[0048]). These systems actively control rotation about the vertical axis and allow the gondola to be pointed to any commanded azimuthal heading, thereby supporting continuous full-circle (360°) rotation relative to the balloon.
Therefore, a person of ordinary skill in the art before the effective filing date would understand that a suspended payload equipped with (i) yaw-axis torque actuators, (ii) a momentum/flywheel system for generating controlled yaw motion, and (iii) azimuth-pointing algorithms—as disclosed by Hoheisel (as modified by Gibbons)—must necessarily support 360° rotational freedom about the suspension axis. Configuring the frame to swivel over at least 360° is a routine and inherent implementation of Hoheisel’s yaw-control architecture and provides predictable benefits such as unrestricted azimuth pointing for antennas, imaging systems, and solar-panel alignment.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hoheisel (US 20180194467 A1) in view of Gibbons (US 11,609,094 B1 – newly cited) as applied to claim 14 above, further in view of Lord (US 6455851 B1).
Regarding claim 15, Hoheisel in view of Gibbons discloses the payload of claim 14, but does not expressly disclose the imaging system having a pitch-gimbaled multi-spectral camera and a spectrometer. Hoheisel teaches a high-altitude balloon gondola carrying a payload 131 on a powered gimbal 130, where the gimbal actively controls the pitch orientation of the payload/imagery hardware toward selected targets or regions of interest (Hoheisel, Fig. 1, 6-7; [0026]-[0029], [0033]-[0035], [0041]-[0042], [0078]-[0083], [0087]-[0089]). Hoheisel thus teaches an imaging system mounted on a pitch-gimbaled platform.
In analogous art, Lord teaches that remote sensing instruments commonly combine an imaging camera and spectrometers in a single co-operating system: in the disclosed exhaust-monitoring instrument, video camera 26 captures images of the vehicle and exhaust plume while separate IR and UV-vis dispersive spectrometers 48, 54 acquire wavelength-resolved spectra from the same probed air column (Abstract; Figs. 1-4; col 3 ln 4-50; col 4 ln 28-48, col 5 ln 1-18, col 5 ln 42-55, col 7 ln 65 – col 8 ln 38, col 9 ln 40 – col 10 ln 32).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Hoheisel’s (as modified by Gibbons) pitch-gimbaled imaging payload as a multispectral camera (e.g., covering multiple bands) and to further integrate or co-locate a spectrometer, as taught by Lord, so that the balloon payload simultaneously captures environmental imagery and wavelength-resolved spectral data from the same scene. Doing so would merely apply Lord’s well-known remote-sensing architecture (camera and spectrometers on a common line of sight) to Hoheisel’s balloon platform to improve environmental/atmospheric characterization and target discrimination, a predictable enhancement that yields the expected benefit of richer, co-registered imaging and spectral data without altering the underlying operation of Hoheisel’s gimbaled payload system.
Response to Arguments
Applicant’s arguments have been considered but are moot because the arguments do not apply to new combination of references including new prior art being used in the current rejection. The new grounds of rejection are necessitated by amendment.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAJSHEED O BLACK-CHILDRESS whose telephone number is (571)270-7838. The examiner can normally be reached M to F, 10am to 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at (571) 272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAJSHEEDO BLACK-CHILDRESS/Examiner, Art Unit 2685 /QUAN ZHEN WANG/ Supervisory Patent Examiner, Art Unit 2685
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