DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
2. Claims 1-8 are pending in Instant Application.
Priority
3. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
4. The information disclosure statement (IDS) filed 10/23/2024 has been received and considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Response to Arguments
5. Regarding 103 rejection: Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive. Applicant argues that limitations in Claim 1 “wherein the emergency button allows a flight crew member outside of the cockpit to control the surveillance system the autopilot controller or both without further intervention from outside the aircraft” are not taught. Applicant argues that Johnson fails to teach this claim. However, Johnson 0056 and 0061, as Applicant argues, teaches that a user can control the autopilot controller of the aircraft when a duress input is detected (button). Examiner brings the Nelson art to teach of a button that is not in the cockpit, in which can be used to by flight crew or an Air Marshall. It would be obvious, to one of ordinary skill in the art to use a button that is located outside the cockpit area that can be used so that when used by the system of Johnson, a user can press a button to control the autopilot controller. This indicates that Johnson in view of Nelson does teach the capability of the amended claim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
“a surveillance system” – in claim 1, 4
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The following are the interpreted corresponding structures found within the specification for some of the above limitations:
“a surveillance system” – processor [0039-0040]
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
6. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
8. Claims 1 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 20220388678) in view of Nelson (US 20040079837).
Regarding Claim 1, Johnson discloses An emergency system for an aircraft, comprising: (Johnson, see at least [0002] “methods and systems for alarms and more particularly to alarms responsive to undesired or abnormal pilot state.”)
an autopilot controller arranged in a cockpit of the aircraft and configured to automatically fly the aircraft including performing predefined maneuvers; (Johnson, see at least element 106 in Fig. 1A. Also see paragraph [0060] wherein the aircraft can engage in an autopilot mode.)
a surveillance system; (Johnson, see at least [0019] wherein a user authentication system 112 may be configured to detect authorized/unauthorized users.)
and an emergency button arranged in a crew rest compartment outside of the cockpit and configured to send an emergency landing signal to the surveillance system, the autopilot controller, or both when activated, (Johnson, see at least [0061-0065] wherein a duress input is received via a button, and in response to the duress input received, system 112 may lock controls, contact ground dispatch and contact an air marshall. An auto-land function may also be activated when the duress phrase is uttered.)
wherein the emergency button allows a flight crew member outside the cockpit to control the surveillance system, the autopilot controller, or both without further intervention from outside the aircraft. (Johnson, see at least [0061-0065] wherein a duress input is received via a button, and in response to the duress input received, system 112 may lock controls and contact ground dispatch. The system 112 may recognize the duress input (button) and can auto taxi the aircraft back to the gate. ** interpreted as member controlling the autopilot controller since the recognized duress input would cause the aircraft to auto taxi back to the gate.)
Johnson does not explicitly disclose an emergency button arranged in a crew rest compartment outside of the cockpit
However, Nelson in which is directed to an anti-hijacking system operable in emergencies to deactivate on-board flight controls discloses an emergency button arranged in a crew rest compartment outside of the cockpit (Nelson, see at least [0020] wherein the emergency button may be constructed and located for easy and fast activation by flight crew. The panic button may be embodied by one or multiple remote-control units entrusted to flight crew, flight attendants, air marshals and more. ** if embodied by air marshals, it is arranged outside the cockpit.)
Accordingly, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in modified Johnson with the teachings of Nelson to include the technique of having an emergency button located outside of the cockpit, in which would improve the entrusted flight crew access to the emergency button. This would further improve the flight crew’s ability to press an emergency button when there is an event that is occurring that needs automated landing.
Regarding Claim 5, Johnson in view of Nelson discloses The emergency system of claim 1, (see rejection above)
wherein the emergency button comprises a security measure. (Johnson, see at least [0065] wherein the system112 may detect the duress input by any technique described and are not limited to facial detection, duress phrase, pin code, button, switch with a cover, and the like.)
Regarding Claim 6, Johnson in view of Nelson discloses The emergency system of claim 5, (see rejection above)
wherein the security measure comprises an authentication means. (Johnson, see at least [0065] wherein the system112 may detect the duress input by any technique described and are not limited to facial detection, duress phrase, pin code, button, switch with a cover, and the like.)
Regarding Claim 7, Johnson in view of Nelson discloses An aircraft section, comprising: (see rejection above)
the cockpit; at least one crew rest compartment located outside of the cockpit; and the emergency system of claim 1. (see rejection above in claim 1)
Regarding Claim 8, Johnson in view of Nelson discloses An aircraft comprising: (see rejection above)
the aircraft section of claim 7. (Johnson, see at least [0009] and Fig. 1C in which showcases a flight deck of an aircraft.)
9. Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 20220388678) in view of Nelson (US 20040079837) in further view of Boucourt (US 20140176668).
Regarding Claim 2, Johnson in view of Nelson discloses The emergency system of claim 1, further comprising: (see rejection above)
a camera arranged in the cockpit and configured to capture an image of the cockpit; (Johnson, see at least [0004] wherein the camera configured to capture images is within a flight deck of an aircraft.)
Johnson does not explicitly disclose and a user interface device arranged in the crew rest compartment and configured to display the captured image from the camera.
However, Boucourt discloses and a user interface device arranged in the crew rest compartment and configured to display the captured image from the camera. (Nelson, see at least [0053] wherein a display screen can be situated at various points within the aircraft to display the surveillance system images.)
Accordingly, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in modified Johnson with the teachings of Boucourt to include the technique of utilizing a display screen top display surveillance system image, in which would improve the entrusted flight crew access to the emergency button if the cockpit is experiencing an emergency. This would further improve the flight crew’s ability to press an emergency button when there is an event that is occurring that needs automated landing.
Regarding Claim 3, Johnson in view of Nelson in further view of Boucourt discloses The emergency system of claim 2, (see rejection above)
wherein the image of the cockpit includes a pilot seat. (Johnson, see at least [0004] wherein the camera configured to capture images is within a flight deck of an aircraft.)
Regarding Claim 4, Johnson in view of Nelson in further view of Boucourt discloses The emergency system of claim 2, (see rejection above)
wherein the user interface device is further configured to display one or more alert messages indicated on a control panel in the cockpit, or wherein the surveillance system is configured to monitor a physical condition, a health, or both of a pilot in the cockpit, to determine whether the pilot is hampered from operating the aircraft, and to send an alarm signal to the user interface device, when the physical condition, the health, or both is determined to be hampered, or both. (Johnson, see at least [0063] wherein no authority mode also includes an alerting function to signal that the user is in duress)
Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20060032978 – A method and apparatus for assuming and maintaining secure control of an aircraft in the event of an intended, attempted or actual attack upon, or incapacity of, the human pilot(s) of the aircraft.
US 11150653 B1 – A system and related method operates to receive autopilot selection and monitor aircraft systems to control which autopilot is actively flying the aircraft.
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 NADA MAHYOOB ALQADERI whose telephone number is (571) 272-2052. The examiner can normally be reached Monday – Friday, 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached on (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NADA MAHYOOB ALQADERI/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664