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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/19/2026 has been entered.
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.
Claim(s) 1, 10, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (CN 1562702 A), hereafter Wang, provided on the PTO-892 dated 12/19/2025.
Regarding Claim 1, Wang discloses a method of launching a high altitude balloon (Abstract) comprising:
securing a launch collar (2, Fig. 9) around a balloon envelope (1, Fig. 9) to form a choke point (at location of 2, Fig. 9) separating an upper portion of the balloon envelope from a lower portion of the balloon envelope (Fig. 9), the high altitude balloon system comprising the balloon envelope (1, Fig. 9) and a payload coupled to the balloon envelope (5 and 6, Fig. 9);
structurally securing the balloon envelope to a launch platform (10, Fig. 9) via one or more attachment points on the launch collar (via 3, Fig. 9);
injecting a lift gas into the balloon envelope while the balloon envelope is secured to the launch platform (as depicted in Fig. 6); and
releasing the balloon envelope from the launch platform by performing a single release action (Fig. 10, release of 2) that causes the launch collar to self-decouple from the choke point in response to a lift force generated by the lift gas and thereby release the balloon envelope without performing a secondary release action (Pg. 4 of attached translation, 3rd para.).
Regarding Claim 10, Wang discloses a launch system (Abstract) comprising:
a balloon system including a balloon envelope (1, Fig. 9) and a payload (5 and 6, Fig. 9);
a launch collar (2, Fig. 9) with a locking mechanism (examiner notes 2 is locked on 1 prior to launch, see Figs. 9-10 and Pg. 4 of attached translation), the launch collar being configured to:
wrap around the balloon envelope to form a choke point (Fig. 9) separating an upper portion of the balloon envelope from a lower portion of the balloon envelope (Fig. 9); and
serve as a structural anchor point to secure the balloon envelope to a launch platform (Fig. 9, examiner notes 2 is the anchor point of 1 via 3), wherein release of the launch collar from the choke point releases the balloon envelope from the launch platform (Fig. 10) in a single release action (Fig. 10, release of 2 and Pg. 4 of attached translation, 3rd para.) that causes the launch collar to self-decouple from the choke point in response to a lift force generated by the lift gas and thereby releases the balloon envelope without performing a secondary release action (Fig. 10 and Pg. 4 of attached translation, 3rd para.).
Regarding Claim 19, Wang discloses the launch system of claim 10, wherein the launch platform is an automobile (10, Fig. 9).
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 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied above, in further in view of Aaron (US 6402090 B1), hereafter Aaron.
Regarding Claim 9, Wang discloses the method of claim 1.
Wang is silent about anchoring a self-orienting aerodynamic device to the launch collar, the self-orienting aerodynamic device configured to generate a lift force when a cross-wind is present.
Aaron teaches anchoring a self-orienting aerodynamic device (Fig. 2) to the launch collar, the self-orienting aerodynamic device configured to generate a lift force when a cross-wind is present (Abstract, lines 2-7, for example).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to combine the self-orienting aerodynamic device of Aaron with the high altitude balloon of Wang, with a reasonable expectation of success, in order to generate an additional lift force and assist with maintaining control of the balloon during launch when a cross-wind is present.
Regarding Claim 18, Wang discloses the launch system of claim 10.
Wang is silent about a self-orienting aerodynamic device anchored to the launch collar, the self-orienting aerodynamic device configured to generate a lift force when a cross-wind is present.
Aaron teaches anchoring a self-orienting aerodynamic device (Fig. 2) to the launch collar, the self-orienting aerodynamic device configured to generate a lift force when a cross-wind is present (Abstract, lines 2-7, for example).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to combine the self-orienting aerodynamic device of Aaron with the high altitude balloon of Wang, with a reasonable expectation of success, in order to generate an additional lift force and assist with maintaining control of the balloon during launch when a cross-wind is present.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied above, in further in view of Aaron (US 6402090 B1), hereafter Aaron.
Regarding Claim 20, Wang discloses the launch system of claim 10.
While Wang discloses inflation of the balloon envelope, Wang is silent about a fill port in the balloon envelope, the fill port being located in the upper portion of the balloon envelope at a location above the launch collar.
Sandlin teaches a similar balloon envelope with a fill port (38, Fig. 4), the fill port being located in the upper portion of the balloon envelope at a location above the launch collar (Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the balloon envelope of Wang with a fill port located in the upper portion, as taught by Sandlin, with a reasonable expectation of success, in order to enhance the safety of the inflation in windy conditions (Sandlin, Col. 2, lines 57-64).
Allowable Subject Matter
Claims 2-8 and 11-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 2, none of the prior arts of record individually or in combination disclose or render obvious controllably releasing a first end of the tether while the tether is slidably coupled to the launch collar.
Regarding Claim 3, none of the prior arts of record individually or in combination disclose or render obvious the lift force generating an upward tension that disengages the tether from the launch collar by pulling the released first end of the tether back through one or more apertures on the launch collar.
Regarding Claims 4 and 13, and therefore dependent Claims 5-7 and 14-15, none of the prior arts of record individually or in combination disclose or render obvious a tether threaded through the at least one ring at each end of the strap when the launch collar is in a locked state.
Regarding Claims 8 and 17, none of the prior arts individually or in combination disclose or render obvious attaching the launch collar to a top of a mast on the launch platform before filling the balloon envelope with gas, wherein a distance between the top of the mast and underlying ground exceeds a distance between the launch collar and a payload attached to the lower portion of the balloon envelope.
Regarding Claim 11, none of the prior arts individually or in combination disclose or render obvious wherein the launch collar is configured to self-decouple from the tether in response to release of a first end of the tether from the ground-based attachment point.
Regarding Claim 12, none of the prior arts individually or in combination disclose or render obvious wherein the locking mechanism includes two or more apertures coupled with a tether, the launch collar being configured to open and fall away from the choke point on the balloon envelope when the tether decouples from the two or more apertures.
Regarding Claim 16, none of the prior arts of record individually or in combination disclose or render obvious wherein the locking mechanism is configured to: release the tension when the tether is decoupled from the launch collar, the release of the tension causing the launch collar to fall away from the balloon envelope.
The closest prior arts of record are Benedetto (US 20170267376 A1) and Wang (CN 1562702 A). Specifically, Benedetto teaches a high altitude balloon launching device using a launch collar to form a choke point as claimed, but fails to teach releasing both the balloon envelope and a payload with a single release action. Sandlin teaches a high altitude balloon launching device using a launch collar with a plurality of apertures to form a choke point as claimed, which may be operated by a cord manually controlled from the ground. Wang discloses Claims 1 and 10, but fails to teach releasing a first end of the tether and the tether being slidably coupled to the launch collar.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Prescott et al. (US 11993359 B2) teaches a method and system for inflating and launching a balloon.
Moore et al. (US 2708082 A) teaches a method for launching a balloon by sliding a line through a ring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA LYNN GORDON whose telephone number is (571)270-5323. The examiner can normally be reached M-F 8:30am-4:30pm.
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, JOSHUA HUSON can be reached on 571-270-5301. 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.
/ANNA L. GORDON/Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights