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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 9-13 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Near (US Publication Number 20180312257).
Regarding claim 1, Near discloses an aerial drone system (Figures 1a-2c, 6 and 7), comprising: a drone (Figures 1a-2c element 100) configured for flying, for being coupled with a user, and for operating autonomously at a separation distance from the user without supporting the user when the user is not fallen (Figures 1a-b, Paragraph 69); and a control system operatively coupled with the drone (Figure 6 element 600 and Figure 7 element 700) and configured for: detecting a fall of the user; using the drone to arrest the fall of the user upon detecting the fall and to support the user in the air; and using the drone to fly the user to a platform (Paragraphs 50 and 65). The examiner notes that the both the drone and the control system are merely configured for doing the claimed step. As the drone of Near comprisies all of the claimed structure it is considered to be “configured for” doing the claimed tasks and as the control system system has full control over the structure of the drone, it is considered to configured for to the claimed tasks.
Regarding claim 2, see Figures 2a-c elements 210a-h.
Regarding claim 3, see Figures 1a-b elements 108 and Figures 2a-b element 204.
Regarding claim 4, see Figures 1a-b, Paragraphs 35 and 69.
Regarding claim 5, see Figures 2a-b element 204, Paragraph 36.
Regarding claim 9, Near discloses a method of using an aerial drone system, the method comprising the steps of: providing that the aerial drone system includes a drone and a control system operatively coupled with the drone(Figures 1a-2c element 100, Figure 6 element 600 and Figure 7 element 700); coupling the drone with a user (Figures 1a-b); flying the drone (Paragraph 31); operating the drone autonomously at a separation distance from the user without supporting the user when the user is not fallen (Paragraph 69); detecting, by way of the control system, a fall of the user; using the drone, by way of the control system, to arrest the fall of the user upon detecting the fall and to support the user in the air (Paragraph 65); and using the drone, by way of the control system, to fly the user to a platform (Paragraph 50). The examiner notes that the claim does not imply any particular order to method steps and as the cited reference contains all the steps it is considered to anticipate the claim.
Regarding claim 10, see Figures 2a-c elements 210a-h.
Regarding claim 11, see Figures 1a-b elements 108 and Figures 2a-b element 204.
Regarding claim 12, see Figures 1a-b, Paragraphs 35 and 69.
Regarding claim 13, see Figures 2a-b element 204, Paragraph 36.
Allowable Subject Matter
Claims 6-8 and 14-16 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A MCFALL whose telephone number is (571)270-5769. The examiner can normally be reached M-Th 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicholas McFall/Primary Examiner, Art Unit 3644