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 .
Introduction
The following is a final Office action in response to Applicant’s submission filed on 8/4/2026. Currently claims 1-20 are pending and claims 1, 10, and 18 are independent. No claims have been amended from the previous claim set dated 1/16/2025. No claims have been added or cancelled. This application is a continuation of 17/514,823 and ultimately claims priority to provisional application 62/489,992 filed on 4/25/2017.
Response to Amendments
Applicant’s did not amend any claims, rather solely presenting arguments.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea), specifically an abstract idea, without significantly more. With respect to claims 1-20, following the guidance contained within MPEP 2106, the inquiry for patent eligibility follows two steps: Step 1: Does the claimed invention fall within one of the four statutory categories of invention? Step 2A (Prong 1): Is the claim “directed to” an abstract idea? Step 2A (Prong 2): Is the claim integrated into a practical application? Step 2B: Does the claim recite additional elements that amount to “significantly more” than the abstract idea?
In accordance with these steps, the Examiner finds the following:
Step 1: Claim 1 and its dependent claims (claims 2-9) are directed to a statutory category, namely a method. Claim 10 and its dependent claims (claims 11-17) are directed to a statutory category, namely an article of manufacture. Claim 18 and its dependent claims (claims 19-20) are directed to a statutory category, namely a system/machine.
Step 2A (Prong 1): Claims 1, 10, 18, which are substantially similar claims to one another, are directed to the abstract idea of “Mental processes”, or more particularly, “Concepts performed in the human mind (including an observation, evaluation, judgment, opinion) (See MPEP 2106).” In this application that refers to using a computer system to analyze and evaluate an air transit network based on traffic flows and vehicle configurations. To clarify this further, the Applicant’s disclosed invention is a conceptual system meant to perform the same function that a civil or transportation engineer might perform for a regional transit system. The abstract elements of claims 1, 10, 18, recite in part “Access user travel data…Access aircraft data…Access parameter data…Perform simulation…initialize model…Compute flow of riders…Compute performance…Output selected configuration…”. Dependent claims 2-9, 11-17, and 19-20 add to the abstract idea the following limitations which recite in part “Capacity comprises…Range comprises…Configuration comprises…Configuration is associated with battery capacity…Configuration comprises seats…”. All of these additional limitations, however, only serve to further limit the abstract idea, and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 1, 10, 18.
Step 2A (Prong 2): Independent claims 1, 10, 18, which are substantially similar claims to one another, do not contain additional elements, either considered individually or in combination, that effectively integrate the exception into a practical application of the exception. These claims do include the limitation that recites in part “Computer system…Processors…Non-transitory computer readable medium…” which limits the claims to a networked/computer based environment, but this is insufficient with respect to integration into a practical application because it is merely applying the abstract idea to a general computer (See MPEP 2106.05(f)).
Additionally, dependent claims 2-9, 11-17, and 19-20 do not include any additional elements to conduct a further Step 2A (Prong 2) analysis.
Step 2B: Independent claims 1, 10, 18, which are substantially similar claims to one another, include additional elements, when considered both individually and as an ordered combination, which are insufficient to amount to significantly more than the judicial exception. The additional elements of these claims recite in part “Computer system…Processors…Non-transitory computer readable medium…”. These items are not significantly more because these are merely the software and/or hardware components used to implement the abstract idea (analyze and evaluate an air transit network based on traffic flows and vehicle configurations) on a general purpose computer (See MPEP 2106.05(f)). This is exemplified in the Applicant’s specification in [0088] – “These operations, while described functionally, computationally, or logically, are understood to be implemented by computer programs comprising instructions for execution by a processor or equivalent electrical circuits, microcode, or the like.”
Additionally, dependent claims 2-9, 11-17, and 19-20 do not include any additional elements to conduct a further 2B analysis.
Accordingly, whether taken individually or as an ordered combination claims 1-20 are rejected under 35 USC § 101 because the claimed invention is directed to a judicial exception, an abstract idea, without significantly more.
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.
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 nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Knapp et al. (US 20160236790 A1) in view of Parker et al. (US-20110022428-A1) further in view of Carver (US 6575401 B1)
Regarding claims 1, 10, 18, Knapp discloses a computer-implemented method for aircraft configuration (Knapp ABS - Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system), the method comprising: accessing aircraft data indicative of a plurality of different respective aircraft configurations for aircraft, wherein each respective aircraft configuration is associated with a range and a payload capacity for the aircraft (Knapp Fig. 15 – Knapp ¶506 - The design process starts with top level design requirements including payload, cabin size, the cruise speed and range, maximum altitude, the takeoff and landing runway performance, and, the noise and cost requirements (step or stage 1502)… Based on maximum weight, the aircraft wing and tail areas are sized, and a rough performance analysis is used to determine required propulsion power, and energy capacity to meet range and speed requirements. The aircraft configuration is also laid out for location of major components, wing, tail, landing gear etc. (step or stage 1506); [0507] a. Unique to the hybrid vehicle is powertrain component sizing, taking into account the amount of stored energy and generation power capacity (step or stage 1507)); and computing data indicative of the performance of the aircraft within the transport network for each of the different respective aircraft configurations (Knapp Fig. 15 – Knapp ¶506 - Performance modeling (step or stage 1510) is now used to estimate aircraft performance; this involves application of the representative aerodynamic and propulsion models using the weights, configuration, and powertrain information developed from the sizing steps); and outputting, based on the data indicative of the performance within the transport network, a selected aircraft configuration for the aircraft (Knapp Fig. 15 – Knapp ¶506 - Performance is now checked against design requirements; deficiencies will require design changes, and another design cycle (step or stage 1512)).
Knapp lacks accessing data indicative of one or more parameters associated with a transport network configured to provide services; performing a simulation of the transport network based on the data indicative of user travel, the aircraft data, and the one or more parameters associated with the transport network, wherein performing the simulation comprises: initializing an aerial transportation model based on the data indicative of user travel and the one or more parameters associated with the transport network, wherein the aerial transportation model comprises a plurality of nodes and a plurality of arcs between the plurality of nodes, at least a portion of the plurality of nodes representing candidate hubs of the transport network for vertical take-off and landing, and at least a portion of the plurality of arcs representing candidate routes for the aircraft, computing, for each aircraft configuration, a flow of riders and aircraft through at least the portion of the plurality of nodes representing the candidate hubs and at least the portion of the plurality of arcs representing the candidate routes.
Parker from the same field of endeavor, teaches accessing data indicative of one or more parameters associated with a transport network configured to provide services (Parker ¶32 - providing a plurality of transport routes within a transport environment, wherein each transport route has a set of parameters); performing a simulation of the transport network based on the data indicative of user travel, the aircraft data, and the one or more parameters associated with the transport network (Parker ¶119 - Simulation Execution: This process contains the actual tasks associated with the execution of a simulation itself. A simulation run takes a scenario, and applies to it a synthetic population, resulting in the production of an outcome. An outcome is the loading of every passenger that is expected to fly during the simulated time period on every flight operated an may include every scheduled airline in the world. The outcome is a database much like the Scenario, except that the flights may now have manifests of passengers), wherein performing the simulation comprises: initializing an aerial transportation model based on the data indicative of user travel and the one or more parameters associated with the transport network, wherein the aerial transportation model comprises a plurality of nodes and a plurality of arcs between the plurality of nodes, at least a portion of the plurality of nodes representing candidate hubs of the transport network for vertical take-off and landing, and at least a portion of the plurality of arcs representing candidate routes for the aircraft (Parker ABS - A system, method or computer simulates a transport environment by providing a plurality of transport routes within a transport environment. Each transport route has a set of parameters providing a plurality of itineraries {i.e. user travel} , each having one or more transport routes selected from the plurality of transport routes {i.e. hubs and arcs} and itinerary properties including the parameters of the one or more transport routes within the itinerary), computing, for each aircraft configuration, a flow of riders and aircraft through at least the portion of the plurality of nodes representing the candidate hubs and at least the portion of the plurality of arcs representing the candidate routes (Parker ¶20 -The system may provide various outputs including estimated revenue and profitability for particular transport items (e.g. flights) and a carrier's total revenue and profitability. The model may be amended and the system repeated to assess how the amendments affect each carrier and their profitability. Therefore, the interconnectability of the global transport or airline network may be simulated and modelled under different scenarios).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the transport modelling techniques of Parker because Parker discloses “The main problem is that there has been no simulation of the market known to take account of its global connectedness…The Virtual M1nds Airline Virtual Market solves both these problems (Parker ¶5)”. Additionally, Knapp further details “Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system (Knapp ABS)” so it would be obvious to consider including the additional transport modelling techniques that Parker discloses because it would enable deeper understanding though simulation of regional air interconnectedness which would improve the cost/efficiency of the system within Knapp.
Knapp further lacks VTOL aircraft.
Carver, from the same field of endeavor, teaches VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claims 2, 11, 19, Knapp in view of Parker further in view of Carver discloses a computer-implemented method for aircraft configuration (Knapp ABS - Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system).
Parker further teaches the payload capacity comprises a number of passenger seats (Parker ¶14 - In a particular example implementation, the system comprises a model of an airline network, which may be the global airline network made up of all or substantially all airlines and scheduled flights. This model or emulation may also include transport details in the form of information regarding the capacity of particular aircraft cabins…the configuration of aircraft, i.e. destination, the number of classes and capacity of each seat class)
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the transport modelling techniques of Parker because Parker discloses “The main problem is that there has been no simulation of the market known to take account of its global connectedness…The Virtual M1nds Airline Virtual Market solves both these problems (Parker ¶5)”. Additionally, Knapp further details “Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system (Knapp ABS)” so it would be obvious to consider including the additional transport modelling techniques that Parker discloses because it would enable deeper understanding though simulation of regional air interconnectedness which would improve the cost/efficiency of the system within Knapp.
Carver further teaches the VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claims 3, 12, 20, Knapp in view of Parker further in view of Carver discloses a computer-implemented method for aircraft configuration (Knapp ABS - Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system).
Carver further teaches the range comprises a flying range of the VTOL aircraft (Carver COL 2 ROW 53 - A high-energy lightweight battery has been recently developed to provide the power to drive the electromagnetic motors. When additional payload and range requirements are needed, a lightweight fuel cell or generator are available as options. The aircraft configuration can vary according to mission requirements. For short-range reconnaissance missions, the battery will suffice to power the aircraft and keep the noise level down to a whisper. For greater payloads and extended flight, the electromagnetic motors can be increased in size or number of units).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claims 4, 13, Knapp in view of Parker further in view of Carver discloses the range comprises a speed range (Knapp Fig. 15 – Knapp ¶506 - The design process starts with top level design requirements including payload, cabin size, the cruise speed and range, maximum altitude, the takeoff and landing runway performance, and, the noise and cost requirements (step or stage 1502)).
Carver further teaches the VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claims 5, 14, Knapp in view of Parker further in view of Carver discloses the speed range comprises a cruising speed range (Knapp Fig. 15 – Knapp ¶506 - The design process starts with top level design requirements including payload, cabin size, the cruise speed and range, maximum altitude, the takeoff and landing runway performance, and, the noise and cost requirements (step or stage 1502)).
Carver further teaches the VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claims 6, 15, Knapp in view of Parker further in view of Carver discloses the selected aircraft configuration comprises a selected speed range (Knapp Fig. 15 – Knapp ¶506 - The design process starts with top level design requirements including payload, cabin size, the cruise speed and range, maximum altitude, the takeoff and landing runway performance, and, the noise and cost requirements (step or stage 1502)).
Parker further teaches a selected number of passenger seats (Parker ¶14 - In a particular example implementation, the system comprises a model of an airline network, which may be the global airline network made up of all or substantially all airlines and scheduled flights. This model or emulation may also include transport details in the form of information regarding the capacity of particular aircraft cabins…the configuration of aircraft, i.e. destination, the number of classes and capacity of each seat class).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the transport modelling techniques of Parker because Parker discloses “The main problem is that there has been no simulation of the market known to take account of its global connectedness…The Virtual M1nds Airline Virtual Market solves both these problems (Parker ¶5)”. Additionally, Knapp further details “Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system (Knapp ABS)” so it would be obvious to consider including the additional transport modelling techniques that Parker discloses because it would enable deeper understanding though simulation of regional air interconnectedness which would improve the cost/efficiency of the system within Knapp.
Carver further teaches the VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claims 7, 16, Knapp in view of Parker further in view of Carver discloses a computer-implemented method for aircraft configuration (Knapp ABS - Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system).
Carver further teaches each respective aircraft configuration is associated with a battery capacity for one or more batteries of the VTOL aircraft (Carver COL 2 ROW 53 - A high-energy lightweight battery has been recently developed to provide the power to drive the electromagnetic motors. When additional payload and range requirements are needed, a lightweight fuel cell or generator are available as options. The aircraft configuration can vary according to mission requirements).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claims 8, Knapp in view of Parker further in view of Carver discloses a computer-implemented method for aircraft configuration (Knapp ABS - Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system).
Parker further teaches the selected aircraft configuration is indicative of one or more hardware components to be included (Parker ¶14 - In a particular example implementation, the system comprises a model of an airline network, which may be the global airline network made up of all or substantially all airlines and scheduled flights. This model or emulation may also include transport details in the form of information regarding the capacity of particular aircraft cabins…the configuration of aircraft, i.e. destination, the number of classes and capacity of each seat class).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the transport modelling techniques of Parker because Parker discloses “The main problem is that there has been no simulation of the market known to take account of its global connectedness…The Virtual M1nds Airline Virtual Market solves both these problems (Parker ¶5)”. Additionally, Knapp further details “Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system (Knapp ABS)” so it would be obvious to consider including the additional transport modelling techniques that Parker discloses because it would enable deeper understanding though simulation of regional air interconnectedness which would improve the cost/efficiency of the system within Knapp.
Carver further teaches the VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claim 9, Knapp in view of Parker further in view of Carver discloses a computer-implemented method for aircraft configuration (Knapp ABS - Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system).
Parker further teaches the one or more hardware components comprise one or more seats (Parker ¶14 - In a particular example implementation, the system comprises a model of an airline network, which may be the global airline network made up of all or substantially all airlines and scheduled flights. This model or emulation may also include transport details in the form of information regarding the capacity of particular aircraft cabins…the configuration of aircraft, i.e. destination, the number of classes and capacity of each seat class).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the transport modelling techniques of Parker because Parker discloses “The main problem is that there has been no simulation of the market known to take account of its global connectedness…The Virtual M1nds Airline Virtual Market solves both these problems (Parker ¶5)”. Additionally, Knapp further details “Systems, apparatuses, and methods for overcoming the disadvantages of current air transportation systems that might be used for regional travel by providing a more cost effective and convenient regional air transport system (Knapp ABS)” so it would be obvious to consider including the additional transport modelling techniques that Parker discloses because it would enable deeper understanding though simulation of regional air interconnectedness which would improve the cost/efficiency of the system within Knapp.
Carver further teaches the VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Regarding claim 17, Knapp in view of Parker further in view of Carver discloses the respective aircraft configuration is associated with a charging rate of one or more batteries of the aircraft (Knapp ¶148 - Optimal sourcing of energy from the storage units and generators is managed by the powertrain optimization and control system 534 (the POCS, described further herein with reference to FIGS. 9 and 10); [0152] The aircraft is “plug-in” hybrid-electric, designed to recharge stored electrical energy via ground-based charging stations via a plug-in point 528, or by swapping fully or partially discharged storage units for charged ones. Charging mechanisms that connect to the mains or fast charge stations are included onboard, enabling low or high-rate recharge in-situ. Storage units are also equipped with quick release mechanisms to enable fast swaps of storage units or modules thereof).
Carver further teaches the VTOL aircraft (Carver ABS - A vertical-lift and horizontal flight aircraft).
It would be obvious for one of ordinary skill in the art before the effective filing date of the Applicant’s claimed invention to modify the regional transit methodology/system of Knapp by including the VTOL aspects of Carver because Carver discloses “This invention provides a new and improved aircraft lift system for vertical take off and horizontal flight. More importantly, the stability, safety and efficiency are significantly improved. All of which will lead to a revolutionary means of air travel (Carver COL 1 ROW 6)”. Additionally, Knapp further details “In one embodiment, the inventive regional air transport network may include 4-classes of airports, most with runways >1,500 ft (or pads for VTOL aircraft) (Knapp ¶90)” so it would be obvious to consider including the additional VTOL aspects that Carver discloses because including VTOLs would increase the efficiency of the regional transit system of Knapp.
Response to Arguments
Applicant's arguments filed 8/4/2026 have been fully considered but they are not persuasive and/or are moot in light of the new rejections addressed above.
Regarding the arguments related to the 35 USC § 101 rejections, as addressed above according to the guidance for 35 USC § 101 rejections contained within MPEP 2106, the Examiner maintains that the claimed invention is an abstract idea, without significantly more, and not integrated into a practical application.
Applicant argues that the claimed invention overcomes the 101 rejection because it does not fall into one of the enumerated buckets for abstract ideas. This is unpersuasive because the claimed invention is interpreted as a method for evaluating the optimal plan for a VTOL network, and this is interpreted as a mental process. Additionally, Applicant argues that the claimed invention is analogous to example 38, and thusly, is patent eligible, however Examiner does not find this persuasive. Specifically, within Example 38 the system actually generates a sound and that is not the same as the simulation within the Applicant’s invention where the simulating is interpreted as analyzing hypothetical possibilities.
Regarding the 35 USC § 103 rejections on the previous Office action, Applicant incorrectly asserts that there was an agreement within the previous interview. Within that interview, the proposed amendments were verbally discussed and those potential amendments (aircraft configuration adaptability) were what might overcome the 103 rejection. Those proposed amendments were not added to the current claims and therefore the previous rejections are maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 Michael R Koester whose telephone number is (313)446-4837. The examiner can normally be reached Monday thru Friday 8:00AM-5:00 PM EST.
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/MICHAEL R KOESTER/Examiner, Art Unit 3624
/Jerry O'Connor/Supervisory Patent Examiner,Group Art Unit 3624
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