DETAILED ACTION
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 § 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 8 is 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.
Claim 8 recites “the tether” in line 2, however it is unclear as to which tether this refers.
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, 4, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cureton (US 3 494 578).
Regarding independent claim 1:
Cureton discloses a plurality of kites connected via body connection points (as seen in Figs 2-7) in a separable manner (col 4, lines 22-50).
Regarding claim 4:
The discussion above regarding claim 1 is relied upon.
Cureton discloses the kites are mechanically connected (via tethers and/or joints, e.g. Fig 2A)
Regarding claim 6:
The discussion above regarding claim 1 is relied upon.
Cureton discloses the first kite connected to a mooring tether (50), and the body of the second kite is configured to utilize the tether as a guide during raising to a position of connection with the first kite (due to the connections).
Regarding claim 7:
The discussion above regarding claim 1 is relied upon.
Cureton discloses the kites connected via a tether (46) that is different from a mooring tether (50).
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(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cureton (US 3 494 578) in view of Miller (US 2017/0191467).
Regarding claims 2 and 3:
The discussion above regarding claim 1 is relied upon.
Cureton discloses a kite system with a mooring tether, but does not disclose multiple mooring tethers or a kite-mounted object.
Miller discloses multiple kites moored to mooring apparatuses (e.g. Fig 2a), and a kite-mounted object to measure the flight (sensor; [0111]).
It would have been obvious to a person having ordinary skill in the art at the time the invention was filed to have modified Cureton to use multiple tethers and an object as taught by Miller for the predictable advantage of ensuring connection to the ground in case of tether failure (e.g. fraying, foreign-object damage, high winds), and to measure and monitor the flight of the system to avoid further damage (e.g. entanglement, collision, etc.).
Allowable Subject Matter
Claims 5, 8, and 9 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.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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
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 Joseph W Sanderson whose telephone number is (571)272-6337. The examiner can normally be reached Mon-Thu 6-3 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH W SANDERSON/ Primary Examiner, Art Unit 3619
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