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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulman et al. (WO 2017084031 A1), hereinafter referred to as Schulman. Where appropriate, claims with similar limitations are grouped together and all claims in the group are rejected under the same rationale.
Regarding claims 1 and 19-20, Schulman discloses A device for controlling an aerial vehicle (See at least Fig. 18 in Schulman: Schulman discloses a flight controller 1801 which may execute processing to release a flight restriction [See at least Schulman, 0254]) comprising:
a memory storing a computer program (See at least Fig. 18 in Schulman: Schulman discloses a flight controller 1801 which may execute processing to release a flight restriction [See at least Schulman, 0254]); and
a processor configured to execute the computer program (See at least Fig. 18 in Schulman: Schulman discloses a flight controller 1801 which may execute processing to release a flight restriction [See at least Schulman, 0254]) to:
receive a data file indicating a flight restriction level and a flight restriction range (See at least Fig. 18 in Schulman: Schulman discloses that a license file may be generated from the temporarily released region information and transmitted to the flight controller via the handheld device [See at least Schulman, 0254]) of an airport area in an airport (Schulman discloses that a flight-restriction region location may be a point at the center of an airport, or representative of the airport [See at least Schulman, 0102]. Schulman further discloses that the flight-restriction region may trace the boundaries of an airport [See at least Schulman, 0102]), the flight restriction range of the airport area being determined based at least on a risk level of the airport (See at least Fig. 12 in Schulman: Schulman discloses that each of the three levels is associated with different warnings and different forced activities of the UAV, such as visual warnings for the white region (level 1), forced landings for the yellow region (level 2), or forced exits for the red region (level 3) [See at least Schulman, 0210]. Because the UAV is at risk of these responses in the respective regions, the levels may be regarded as risk levels. Furthermore, because the map may be a map of an airport as per at least [Schulman, 0102], these risk levels may also be regarded as risk levels of the airport), and the risk level of the airport being determined based on an airport traffic volume of the airport (Schulman discloses that a previously flight restricted region such as an airport may become defunct or unused [See at least Schulman, 0211]. Schulman further discloses that flight restricted regions not associated with a flight restriction level or flight restricted regions that become defunct may herein be referred to as an error region [See at least Schulman, 0211]. Schulman further discloses that the error regions may be treated as releasable regions [See at least Schulman, 0211]. Schulman further discloses that for example, flight within the error region may be permitted if the operator of the UAV or the UAV is authenticated [See at least Schulman, 0211]. Schulman further discloses that in some instances, the error may be verified (e.g., verify whether the airport is no longer being used) [See at least Schulman, 0211]. It will therefore be appreciated that when there is no longer traffic to the airport, i.e., the airport is no longer in use, then the flight restrictions of the airport may be waived. Schulman further discloses that a releasable region may be associated with the second flight restriction level [See at least Schulman, 0212]);
parse the data file to obtain the flight restriction level and the flight restriction range of the airport area (Schulman discloses that a license file may be generated from the temporarily released region information and transmitted to the flight controller via the handheld device [See at least Schulman, 0254]. Schulman further discloses that afterwards, the UAV may switch to the new flight restriction rule if the license file is authenticated and the user may operate the aircraft within the temporarily released region [See at least Schulman, 0254]. It will be appreciated that, in order to authenticate the license file, the UAV flight controller must parse at least part of the data or metadata of the license file); and
control the aerial vehicle to execute a flight restriction strategy according to the flight restriction level and the flight restriction range of the airport area (Schulman disclose that a license file may be generated from the temporarily released region information and transmitted to the flight controller via the handheld device [See at least Schulman, 0254]. Schulman further discloses that afterwards, the UAV may switch to the new flight restriction rule if the license file is authenticated and the user may operate the aircraft within the temporarily released region [See at least Schulman, 0254]).
Regarding claim 2, Schulman discloses The device of claim 1, wherein in response to the risk level of the airport being changed, the flight restriction range of the airport area in the airport changes (Schulman discloses that a previously flight restricted region such as an airport may become defunct or unused [See at least Schulman, 0211]. Schulman further discloses that flight restricted regions not associated with a flight restriction level or flight restricted regions that become defunct may herein be referred to as an error region [See at least Schulman, 0211]. Schulman further discloses that the error regions may be treated as releasable regions [See at least Schulman, 0211]. Schulman further discloses that for example, flight within the error region may be permitted if the operator of the UAV or the UAV is authenticated [See at least Schulman, 0211]. Schulman further discloses that in some instances, the error may be verified (e.g., verify whether the airport is no longer being used) [See at least Schulman, 0211]. It will therefore be appreciated that when there is no longer traffic to the airport, i.e., the airport is no longer in use, then the flight restrictions of the airport may be waived. Schulman further discloses that a releasable region may be associated with the second flight restriction level [See at least Schulman, 0212]).
Regarding claim 3, Schulman discloses The device of claim 2, wherein the risk level of the airport includes a first risk level and a second risk level higher than the first risk level (See at least Fig. 12 in Schulman: Schulman discloses that each of the three levels is associated with different warnings and different forced activities of the UAV, such as visual warnings for the white region (level 1), forced landings for the yellow region (level 2), or forced exits for the red region (level 3) [See at least Schulman, 0210]. Because the UAV is at risk of these responses in the respective regions, the levels may be regarded as risk levels. And because the response is greater in level 2 than in level 1, then level 2 may be regarded as applicant’s second risk level and level 1 may be regarded as applicant’s first risk level), and the flight restriction range of the airport area corresponding to the first risk level is smaller than the flight restriction range of the airport area corresponding to the second risk level (See at least Fig. 13 in Schulman: Schulman depicts in the figure that the total area of the level 1 risk areas is smaller than the total area of the level 2 risk areas [See at least Schulman, 0212, 0218, and 0228]).
Regarding claim 4, Schulman discloses The device of claim 1, wherein the flight restriction level includes warning, enhanced warning, authorization, altitude-restricted, or no-fly (See at least Fig. 12 in Schulman: Schulman discloses that each of the three levels is associated with different warnings and different forced activities of the UAV, such as visual warnings for the white region (level 1), forced landings for the yellow region (level 2), or forced exits for the red region (level 3) [See at least Schulman, 0210]. Since the claim recites “or”, only one of the listed items needs to be present in the prior art).
Regarding claim 18, Schulman discloses The device of claim 1, wherein:
the airport is a first airport (Schulman discloses that the location of one or more flight-restriction regions, such as airports, may be stored on-board the UAV [See at least Schulman, 0100]. Schulman further discloses that the UAV may have a local memory that may store information about flight-restriction regions [See at least Schulman, 0100]. Since each flight-restricted region may be an airport, and a plurality of them may be stored, any one of them may be regarded as “a first airport”); and
the data file further indicates a flight restriction level and a flight restriction range of an airport area in a second airport generated according to a risk level of the second airport (Schulman discloses that a license file may be generated from the temporarily released region information and transmitted to the flight controller via the handheld device [See at least Schulman, 0254]. Schulman further discloses that afterwards, the UAV may switch to the new flight restriction rule if the license file is authenticated and the user may operate the aircraft within the temporarily released region [See at least Schulman, 0254]), the risk level of the first airport being different from the risk level of the second airport (See at least Fig. 12 in Schulman: Schulman discloses that the different levels may be color coded and displayed (e.g., on an app on the mobile terminal, on a website, etc) for easy identification and management of flight restricted regions by an operator of the UAV [See at least Schulman, 0210]. Schulman further discloses that a flight-restriction region location may be a point at the center of an airport, or representative of the airport or other type of flight-restriction region [See at least Schulman, 0102]. Also see at least Fig. 11 in Schulman: Schulman discloses an area 1100 comprising a plurality of different flight restricted regions of three different flight restriction levels 1104 [See at least Schulman, 0203]. If each of these regions is regarded as an airport as per [Schulman, 0102], then it will be appreciated that some of them have different flight restriction levels than others. Schulman further discloses that each of the three levels is associated with different warnings and different forced activities of the UAV, such as visual warnings for the white region (level 1), forced landings for the yellow region (level 2), or forced exits for the red region (level 3) [See at least Schulman, 0210]. Because the UAV is at risk of these responses in the respective regions, the levels may also be regarded as risk levels), the flight restriction range of the airport area of the first airport being different from the flight restriction range of the airport area of the second airport (See at least Fig. 12 in Schulman: Schulman discloses that the different levels may be color coded and displayed (e.g., on an app on the mobile terminal, on a website, etc) for easy identification and management of flight restricted regions by an operator of the UAV [See at least Schulman, 0210]. Schulman further discloses that a flight-restriction region location may be a point at the center of an airport, or representative of the airport or other type of flight-restriction region [See at least Schulman, 0102]. Also see at least Fig. 11 in Schulman: Schulman discloses an area 1100 comprising a plurality of different flight restricted regions of three different flight restriction levels 1104 [See at least Schulman, 0203]. If each of these regions is regarded as an airport as per [Schulman, 0102], then it will be appreciated that some of them have different flight restriction levels than others), and a type of the airport area of the first airport being same as a type of the airport area of the second airport (Schulman discloses that the location of one or more flight-restriction regions, such as airports, may be stored on-board the UAV [See at least Schulman, 0100]. Schulman further discloses that the UAV may have a local memory that may store information about flight-restriction regions [See at least Schulman, 0100]. Since each flight-restricted region may be an airport, and a plurality of them may be stored, it will be appreciated that any two of the airports have a common type in that they are both airports).
Allowable Subject Matter
Claims 5-17 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.
The closest prior art of record is Schulman et al. (WO 2017084031 A1) in view of Yu et al. (US 20150339931 A1). The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, Schulman discloses The device of claim 1.
Yu teaches method for defining flight restriction zones (See at least Fig. 6 in Yu: Yu teaches that FIG. 6 provides a flight restriction zone defined by a plurality of flight restricted strips (also referred to herein as flight restriction strips) [See at least Yu, 0163]) of an airport wherein:
the airport area includes an airport runway (See at least Fig. 5 in Yu: Yu teaches that a region 210d may be at boundaries of an airport runway [See at least Yu, 0162]. See at least Fig. 6 in Yu: Yu teaches that boundary 210d of FIG. 5 may be represented by boundary 210e of FIG. 6 [See at least Yu, 0163]) and a runway extension (See at least Fig. 6 in Yu: Yu teaches that flight restricted strip 206e is defined by an area encompassed by a circle of radius R.sub.A centered at point A, a circle of radius R.sub.B centered at point B, and lines 208e and 209e tangent to the two circles [See at least Yu, 0164]. The strip may be regarded as a runway extension. Yu further teaches that while flight restricted strip 206e is defined by two circles centered at points A and B, the circular shape is not meant to be limiting and it is to be understood that any shape may be used, such as a trapezoid [See at least Yu, 0164]);
the airport runway and the runway extension form a first area of the airport area (See at least Fig. 6 in Yu: Yu teaches that flight restricted strip 206e is defined by an area encompassed by a circle of radius R.sub.A centered at point A, a circle of radius R.sub.B centered at point B, and lines 208e and 209e tangent to the two circles [See at least Yu, 0164]. It will be appreciated that that area of strip 206e, excluding the two circles A and B but including most of the restriction line 205e, may be regarded as a first area); and
the airport area further includes a second area, the second area including a trapezoidal area connected to an end of the first area and extending along an extension direction of the airport runway (See at least Fig. 6 in Yu: Yu teaches that flight restricted strip 206e is defined by an area encompassed by a circle of radius R.sub.A centered at point A, a circle of radius R.sub.B centered at point B, and lines 208e and 209e tangent to the two circles [See at least Yu, 0164]. The circle at the A side of strip 206e may be regarded as a second area. Yu further teaches that while flight restricted strip 206e is defined by two circles centered at points A and B, the circular shape is not meant to be limiting and it is to be understood that any shape may be used, such as a trapezoid [See at least Yu, 0164]).
However, none of the prior art of record, taken either alone or in combination, teaches the device wherein the trapezoidal area is an isosceles-trapezoidal area with a midline parallel to the extension direction of the airport runway.
In order for a reference to read on the above limitation, it would have to teach where a restriction zone of a runway is shaped like an isosceles trapezoid with a midline parallel to an extension direction of the runway. However, none of the prior art reads on this particular limitation.
Yu comes close, since Yu teaches that a region 210d in Fig. 5 may be at the boundaries of an airport runway (See at least [Yu, 0162]); that boundary 210d of FIG. 5 may be represented by boundary 210e of FIG. 6 (See at least [Yu, 0163]); and that while flight restricted strip 206e is defined by two circles centered at points A and B, the circular shape is not meant to be limiting and it is to be understood that any shape may be used, such as a trapezoid (See at least [Yu, 0164]). However, the trapezoids are not necessarily “isosceles” and their orientation with respect to a runway is not explicitly discussed. Therefore, the reference is not specific enough. None of the prior art of record resolves these uncertainties in Yu.
For at least the above stated reasons, claim 5 contains allowable subject matter.
Regarding claims 6-17, these claims also contain allowable subject matter at least by virtue of their dependence from claim 5.
Conclusion
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/NAEEM TASLIM ALAM/ Examiner, Art Unit 3668