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 .
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 04/17/20/2025, 09/10/2025, and 10/14/2025 were filed before the first action on the merits of the application. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application GB2215450.4 filed in the United Kingdom (GB) on 10/19/2022 . It is noted, however, that applicant has not filed a certified copy of the GB 2215450.4 application as required by 37 CFR 1.55.
Currently there is a certified copy of GB2300681.0 and the 371 documents for the PCT on file, however no certified copy for GB 2215450.4 is on file for the application.
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.
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:
“consignment holding system” in claim 2, 5; uses generic placeholder “system” term “consignment holding” does not connote a structure/class of structure so much as a function, is functionally claimed “configured to enable”, and the claim(s) do not recite structure for this system. From the applicant’s specification this system is understood to be a hatch/latch system and/or a rope and cable attachment/detachment system; [0007] two strategies ,[0065] hatch and latch , [0073] rope/cable
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.
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 § 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 5 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.
Regarding Claim 5, it recites “…being emitted from or reflected by the one or more emitters or reflectors of the positioning beacon and the second one or more emitters or reflectors of the positioning beacon respectively and the airborne vehicle further comprises…”;
“of the positioning beacon” renders the scope of protection unclear in that earlier in claim 5 (and claim 1 via dependency) the claim references a first positioning beacon and a second positioning beacon; as such “of the positioning beacon” of claim 5 is unclear which of the beacons it is referencing.
From reading the claims as a whole it will be assumed that at issue limitation of claim 5 is reciting that the first positioning beacons and second positioning beacons reflect/emit first and second intended positions respectively.
Claim 20 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.
The claim recites the that emitters or reflectors emit/reflect IR radiation “substantially vertically.” This renders the scope of protection unclear in that “substantially” is not defined in the claims nor does the applicant’s specification provide any guidance or indication as to how to interpret “substantially”; in the current context the vertical emission is understood to be a range of degrees from a vertical axis, as such “substantially” is understood be functioning as effectively a term of degree, the applicant’s specification does not provide any guidance or indication as to what would what degrees/angles of emission from this vertical direction would constitute “substantially vertical”.
Claims 24-25 is rejected under 35 U.S.C. 112(b) or 35 US.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.
Regarding claims 24-25, the phrase "such as" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 27 is rejected under 35 U.S.C. 112(b) or 35 US.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.
Regarding Claim 27, it recites:
“the airborne vehicle comprising at least one or more IR detectors, wherein the IR detectors are arranged with complementary fields of view and the positioning beacon comprising at least four emitters or reflectors arranged in pairs, with at least one pair being arranged to emit or reflect IR signals in each of the complementary fields of view.,” which renders the scope of protection unclear.
As written claim 27 is indefinite in multiple ways:
Firstly it is unclear how a single IR detector can have a “complementary” field of view to itself. “complementary” suggests two different fields of view which work together/function in some way which one field of view supports/functions with the other field of view in some fashion. As such claim 27 starts with a limitation which suggests one or more detectors, however it then recites a limitation which suggests at least two detectors are required. Therefore the amount of detectors which are required by the claim language is unclear and indefinite. Additionally neither the claim nor the specification makes clear what constitutes a “complementary” field of view; as such if a given detector(s) fields of view are “complementary” or not is a subjective determination left only to the reader’s interpretation.
For example one could consider non-overlapping fields of view from multiple detectors as “complementary” in the sense that they increase the overall sensing area/field of view. Whereas another person wouldn’t consider that arrangement as “complementary” as instead they understand “complementary” as meaning that the detectors have overlapping fields of view, and thus could conceivably sense the same emitter(s)/reflector(s) and thus fuse their sensing information for more accurate results.
Secondly the final limitation “with at least one pair being arranged to emit or reflect IR signals in each of the complementary fields of view” is indefinite in that it is defining parts of the system (the emitter/reflectors arrangement/position) based on variable parameters (the complementary fields of view) as such if a given system (airborne vehicles and beacons) infringes on the claims varies based on the given positional relationship at a point in time and not on the structure itself.
Put another way, in one relative positioning arrangement a given airborne vehicle and pair of emitters/reflectors may satisfy the claim language (and thus would be infringing) but in another positional arraignment the same vehicle and emitters/reflectors may not satisfy the claim language (and thus would not be infringing). As such a given airborne vehicle and emitter/reflectors system can be said to both be infringing and not infringing.
For judging the claims on its merits the broadest reasonable interpretation of the claim will be taken which will be understood as being effectively equivalent to: one or more detectors (of the airborne vehicle) being configured such that the detectors can detect at least two (i.e. a pair) of the at least four emitters/reflectors. This interpretation comes from at least figures 1-5 of the application where the airborne vehicle’s sensing field of view appears to be able to detect at least two detectors (a pair) at a time.
Claim 29 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.
Regarding Claim 29, its preamble recites “A positioning beacon for positioning an airborne vehicle according to Claim 28,” this renders the scope of protection unclear in that claim 29 as a whole is directed to the beacon, however “for positioning an airborne vehicle according to Claim 28”; claim 28 however is directed to the airborne vehicles. This renders the scope of protection unclear in that it is uncertain if/how limiting the limitations of the airborne vehicle of claim 28 are to claim 29.
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) 1-2, 6-11, 14-17, 21, 26-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11370559 B1, “Unmanned Aerial Vehicle Expandable Landing Marker System”, Curlander et al.
Regarding Claim 1, Curlander et al teaches “ A system for positioning an airborne vehicle at a geographic location, the system comprising: the airborne vehicle having one or more infra-red (IR) detectors; and a positioning beacon located at the geographic location, the positioning beacon being configured to wirelessly transmit a landing identifier for detection by the airborne vehicle and comprising one or more emitters or reflectors configured to respectively emit or reflect an IR signal; wherein the airborne vehicle is configured to receive the landing identifier and the emitted or reflected IR signal to compare the received landing identifier and a stored unique identifier and if the received landing identifier matches the stored unique identifier”( Column 10-11, lines 65-11, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.” Here teaches that the beacon emits an infrared emission which is detected by the uav, i.e. the uav has at least one infrared detectors, additionally the beacon flashes in a unique pattern which identifies the landing site/marker, i.e. “wirelessly” transmits a identifier to the drone, the UAV identifies i.e. if the stored/known identify matches the beacons; + Column 10, lines 36-44, ‘In an example, the communication module 512 can communicate directly with the approaching UAV to receive communications regarding the approaching UAV, uniquely identify the landing marker 520 to the UAV and to deploy the landing marker 520. In another example, the communication module 512 can communicate with a local network, such as a residential Wi-Fi network, to receive communications from the approaching UAV, which may act as a trigger to cause inflation or expansion of the landing marker.” Here eaches alternatively the beacon can transmit the identifier wirelessly to the uav );” to use the emitted or reflected signal to control movement of the airborne vehicle with respect to the positioning beacon.”(Column 10, lines 45-62, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems. The multiple beacons 514 can be used to delineate portions of the UAV expandable landing marker system 500, such as the landing marker 520 in a deployed state. Additionally, the beacon 514 can also communicate with a user to indicate various statuses of the UAV expandable landing marker system 500 and/or its components and/or systems, such as an operative status, a delivery status, a warning and/or a failure.” The beacons are used for relative positioning to assist in controlling/landing the UAV to complete the delivery)
Regarding Claim 2, Curlander et al teaches “The system of Claim 1, wherein the movement of the airborne vehicle is controlled in accordance with stored positioning data comprising data indicating an intended position of the airborne vehicle relative to the IR radiation being emitted from or reflected by the one or more emitters or reflectors of the positioning beacon.”(Column 10, lines 45-51, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state.”)
Regarding Claim 6, Curlander et al teaches “The Claim 1,wherein the one or more emitters or reflectors comprises one or more emitters, and the positioning beacon is further configured to transmit the landing identifier for detection by the airborne vehicle by appropriately modulating the IR radiation being emitted from at least one of the one or more emitters.”(Column 4-5, lines 59-13, “The landing marker 200 can also include markings, such as 220, that are clearly visible when the landing marker 200 is in an expanded state, as shown in FIG. 2B. The markings 220 can take a variety of forms, shapes and patterns, and can be spread across all or a portion of the upper surface 202 of the landing marker 200. The markings 220 can be interpreted by a UAV to provide information, such as to identify the expanded landing marker 200, indicate a delivery location or orientation of the upper surface of the 202 of the expanded landing marker 200, and/or provide other information that can be visually relayed and/or interpreted by a UAV. Example markings 220 can include a repeating pattern, alphanumeric characters, symbols and other designs, patterns or combinations thereof, which may or may not be unique. In some embodiments, the controller 210 may provide identification information to a UAV, such as via a radio signal or optical signals. For example, the controller 210 may transmit a unique identifier that may enable the UAV to identify the landing marker 200 as a correct landing marker for a particular delivery. The marker 220 may be used to confirm this information or supplement it, for example” Here teaches a repeating light pattern from the markings (beacons), i.e. modulating the IR radiation to communicate the identifier; from column 11, lines 8-11, it is known that the marker/beacon can transmit its pattern/light in the infrared spectrum)
Regarding Claim 7, Curlander et al teaches “The system of Claim 1,wherein the one or more emitters or reflectors comprises one or more emitters, the one or more IR detectors are configured to activate when at the geographic location, and the one or more emitters are configured to activate for a portion of the time that the one or more IR detectors are activated.”(Column 10, lines 45-55, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems.” The landing system/markers are deployed, i.e. activated, in response to detecting that the uav is approaching (activates at when the uav is at the geographic location))
Regarding Claim 8, Curlander et al teaches “The system of Claim 1, wherein the one or more emitters or reflectors comprises one or more reflectors, wherein at least one of the one or more reflectors comprises a QR code or a bar code or other pattern comprising the landing identifier, “(Column 4-5, lines 59-13, “The landing marker 200 can also include markings, such as 220, that are clearly visible when the landing marker 200 is in an expanded state, as shown in FIG. 2B. The markings 220 can take a variety of forms, shapes and patterns, and can be spread across all or a portion of the upper surface 202 of the landing marker 200. The markings 220 can be interpreted by a UAV to provide information, such as to identify the expanded landing marker 200, indicate a delivery location or orientation of the upper surface of the 202 of the expanded landing marker 200, and/or provide other information that can be visually relayed and/or interpreted by a UAV. Example markings 220 can include a repeating pattern, alphanumeric characters, symbols and other designs, patterns or combinations thereof, which may or may not be unique. In some embodiments, the controller 210 may provide identification information to a UAV, such as via a radio signal or optical signals. For example, the controller 210 may transmit a unique identifier that may enable the UAV to identify the landing marker 200 as a correct landing marker for a particular delivery. The marker 220 may be used to confirm this information or supplement it, for example.”);”and transmission of the landing identifier comprises a reflected signal from the one or more reflectors received by the one or more IR detectors being recognised by the airborne vehicle”(Column 10-11, lines 63-5, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. “ )
Regarding Claim 9, Curlander teaches “The system of Claim 8, wherein the airborne vehicle further comprises one or more emitters configured to direct IR radiation toward the one or more reflectors of the positioning beacon”( Column 4-5, lines 59-13, “The landing marker 200 can also include markings, such as 220, that are clearly visible when the landing marker 200 is in an expanded state, as shown in FIG. 2B. The markings 220 can take a variety of forms, shapes and patterns, and can be spread across all or a portion of the upper surface 202 of the landing marker 200. The markings 220 can be interpreted by a UAV to provide information, such as to identify the expanded landing marker 200, indicate a delivery location or orientation of the upper surface of the 202 of the expanded landing marker 200, and/or provide other information that can be visually relayed and/or interpreted by a UAV. Example markings 220 can include a repeating pattern, alphanumeric characters, symbols and other designs, patterns or combinations thereof, which may or may not be unique. In some embodiments, the controller 210 may provide identification information to a UAV, such as via a radio signal or optical signals. For example, the controller 210 may transmit a unique identifier that may enable the UAV to identify the landing marker 200 as a correct landing marker for a particular delivery. The marker 220 may be used to confirm this information or supplement it, for example.” The markers provide reflections which are reflected via optical signals, which from Column 11, lines 8-11, teaches that the optical signals/reflections occur in the infrared spectrum therefore implicitly the UAV has/is equipped with an infrared emitter)
Regarding Claim 10, Curlander et al teaches “The system of Claim 9, wherein the one or more emitters of the airborne vehicle are configured to activate when at the geographic location.”(Column 2-3, lines 62-05, “At 102, a UAV 120 carrying an item 122 (or package) approaches the delivery location 130. The UAV expandable landing marker system 140 may receive a signal 150 indicating the proximity of the UAV 120. The signal 150 can be transmitted by the UAV 120 to the UAV expandable landing marker system 140, or can be transmitted from another location or system, such as a local Wi-Fi system of the delivery location 130 or a signal transmitted through a cellular network to the UAV expandable landing marker system 140. However, other triggers may be used to determine when to expand the UAV expandable landing marker.” The system activates when the UAV reaches proximity to the landing location; thus logically the infrared detectors/emitters also activate when in proximity + Column 10, lines 45-55, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems.” The landing system/markers are deployed, i.e. activated, in response to detecting that the uav is approaching (activates at when the uav is at the geographic location))
Regarding Claim 11, Curlander et al teaches “The system of Claim 9, wherein the one or more IR detectors are configured to activate when at the geographic location, and the one or more emitters of the airborne vehicle are configured to activate for a portion of the time that the one or more IR detectors are activated.”( ”(Column 2-3, lines 62-05, “At 102, a UAV 120 carrying an item 122 (or package) approaches the delivery location 130. The UAV expandable landing marker system 140 may receive a signal 150 indicating the proximity of the UAV 120. The signal 150 can be transmitted by the UAV 120 to the UAV expandable landing marker system 140, or can be transmitted from another location or system, such as a local Wi-Fi system of the delivery location 130 or a signal transmitted through a cellular network to the UAV expandable landing marker system 140. However, other triggers may be used to determine when to expand the UAV expandable landing marker.” The system activates when the UAV reaches proximity to the landing location; thus logically the infrared detectors/emitters also activate when in proximity + )
Regarding Claim 14, Curlander et al teaches “The system of Claim 1,wherein the airborne vehicle or the positioning beacon, comprises a receiver,”(Column 10, lines 7-20, “The communication module 512 can facilitate communication between the UAV expandable landing marker system 500 and other systems, networks and other communicable elements, such as a UAV, a user device, and/or a home network device. Various communications may be performed, such as via radio transmissions, Bluetooth® and/or Wi-Fi communications, cellular communications, wide ara networks (WANs) and others, can be used by the communication module 512. Additionally, the communication path between the communication module 512 and another system or element can be done through multiple communication means, intervening elements and/or systems. Further, the communication module 512 can communicate with multiple systems and/or elements.” The beacon(s) and uavs have wireless communication capabilities, i.e. have a receiver);” and the airborne vehicle or the positioning beacon is configured to receive the unique identification data to be stored in a respective data store from an external communications network via the receiver.”(Column 5, lines 48-61, “The markings 220 can also include unique information particular to an individual landing marker 200. The unique information can be indicative of one or more users associated with the particular landing marker 200. The UAV can use the unique information of the marking 220 to verify the correct landing marker 200 onto which the delivery is to be deposited. The unique aspect of the markings 220 can be applied to the landing marker 200 by the user or other, such as a manufacturer or supplier. The unique marking can be uploaded to a server or other location queryable by the UAV or its systems. The server can include correlating information allowing the unique markings to be associated with a user and/or location to which deliveries via a UAV can be made.” The UAV recognizes the marking identification via a server, i.e. external communications network)
Regarding Claim 15, Curlander et al teaches “The system of Claim 1,wherein the airborne vehicle or the positioning beacon comprises a data input device, and the airborne vehicle or the positioning beacon is configured to receive the unique identification data to be stored in a respective data store from information input via the input device.”( Column 5, lines 48-61, “The markings 220 can also include unique information particular to an individual landing marker 200. The unique information can be indicative of one or more users associated with the particular landing marker 200. The UAV can use the unique information of the marking 220 to verify the correct landing marker 200 onto which the delivery is to be deposited. The unique aspect of the markings 220 can be applied to the landing marker 200 by the user or other, such as a manufacturer or supplier. The unique marking can be uploaded to a server or other location queryable by the UAV or its systems. The server can include correlating information allowing the unique markings to be associated with a user and/or location to which deliveries via a UAV can be made” + columns 5-6, lines 62-17, here teaches that the pattern can be set “applied” by the user, given that this pattern is/includes the beacon flashing an infrared light one of ordinary skill in the art would recognize this as a user inputting/setting the pattern into the programming of the beacon; from column 5, lines 6-13, the beacon/pattern is controlled via a controller (computer) thus the applying of the pattern taught is the user inputting of information into a “user device”)
Regarding Claim 16, Curlander et al teaches “The System Claim 1,wherein the airborne vehicle is configured to land in a landing area,”(Column 3, lines 20-27, “At 106, the UAV 120 and/or the item 122 is received onto the landing marker 142 in the expanded state. The item 122 can be released from the UAV 120 at a height above the landing marker 142, the item 122 landing onto an upper surface of the landing marker 142. Alternatively, the UAV 120 itself can land onto the upper surface of the landing marker 142, release the item 122 and then take-off, leaving the item 122 on the upper surface of the landing marker 142.” Here the uav is receid onto the landing marker, i.e. lands in a landing area);” the location of the landing area being defined by the detected emitted or reflected signal.”(Column 10, lines 45-55, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems.”)
Regarding Claim 17, Curlander et al teaches “The system of Claim 16, wherein the positioning beacon comprises at least two emitters or reflectors, and the at least two emitters or reflectors are arranged with respect to one another and the landing area in a known geometric formation.”(Column 10, lines 51-58, “The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems. The multiple beacons 514 can be used to delineate portions of the UAV expandable landing marker system 500, such as the landing marker 520 in a deployed state” Multiple beacons = two or more emitters” which are arranged on various locations to delineate portions, i.e. arranged with respect to each other and landing area in a known geometric formation)
Regarding Claim 21, Curlander et al teaches “The system of Claim 1,wherein the positioning beacon comprises one or more emitters, and the one or more emitters are configured to emit IR radiation in accordance with an indicated time interval stored in the positioning beacon.”(Columns 10-11, lines 63-11, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.” The beacons (emitters) flash in a set pattern, i.e. emit IR radiation in accordance with a indicated time interval)
Regarding Claim 26, Curlander et al teaches “The system of Claim 1,the positioning beacon further comprising a transmitter configured to transmit the landing identifier”(Column 10, line 36-44, “n an example, the communication module 512 can communicate directly with the approaching UAV to receive communications regarding the approaching UAV, uniquely identify the landing marker 520 to the UAV and to deploy the landing marker 520. In another example, the communication module 512 can communicate with a local network, such as a residential Wi-Fi network, to receive communications from the approaching UAV, which may act as a trigger to cause inflation or expansion of the landing marker.” + Column 10-11, lines 63-11, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.” The controller/beacon transmits the unique identifier/pattern to the UAV )
Regarding Claim 27, Curlander et al teaches “The system of Claim 1,the airborne vehicle comprising at least one or more IR detectors, wherein the IR detectors are arranged with complementary fields of view, and the positioning beacon comprising at least four emitters or reflectors arranged in pairs, with at least one pair being arranged to emit or reflect IR signals in each of the complementary fields of view.”( Column 10, lines 45-58, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems. The multiple beacons 514 can be used to delineate portions of the UAV expandable landing marker system 500, such as the landing marker 520 in a deployed state” Here “multiple beacons” is understood to mean at least two, i.e. teaches a range which includes four or more; as the beacons are used to delineate portions of the landing zone this means that any two beacons of the multiple beacons can be understood as a “pair”; as the optical beacons are used to indicate the relative position of the uav as detected by the UAV by extension the uav has at least one detector which detects the multiple beacons, i.e. has a “complementary” FOV for detecting the pair of multiple beacons)
Regarding Claim 28, Curlander et al teaches “An airborne vehicle configured to be positioned at a geographic location, the airborne vehicle comprising: one or more infra-red (IR) detectors for receiving an IR signal emitted or reflected from a positioning beacon provided at the geographic location;”(Column 10, lines 63-11, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.” Here teaches that the UAV detects the optical beacons infrared emission, i.e. has an IR detector); wherein the airborne vehicle is configured to: receive a landing identifier wirelessly transmitted to the airborne vehicle by the positioning beacon; compare the received landing identifier and a stored unique identifier;”(Column 10, lines 36-44, “In an example, the communication module 512 can communicate directly with the approaching UAV to receive communications regarding the approaching UAV, uniquely identify the landing marker 520 to the UAV and to deploy the landing marker 520. In another example, the communication module 512 can communicate with a local network, such as a residential Wi-Fi network, to receive communications from the approaching UAV, which may act as a trigger to cause inflation or expansion of the landing marker.”);” and if the received landing identifier matches the stored unique identifier, use the emitted or reflected signal to control movement of the airborne vehicle towards the positioning beacon.”(Column 10, lines 45-55, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems. “ The beacons indicate the relative positioning of the landing zone to the uav, i.e. the uav uses the emitted signal to control its movement + Column 11, lines 2-8, “Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery.” The UAV detects and determines if the beacons pattern/identity is the correct one, logically it then only lands/delivers the item if the detect identity is correct/matches the expected/delivery identity)
Regarding Claim 29, Curlander et al teaches “the positioning beacon comprising: one or more infra-red (IR) emitters or reflectors configured to respectively emit or reflect an IR signal for use in controlling movement of the airborne vehicle towards the positioning beacon;”(Column 10, lines 45-62, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems. The multiple beacons 514 can be used to delineate portions of the UAV expandable landing marker system 500, such as the landing marker 520 in a deployed state. Additionally, the beacon 514 can also communicate with a user to indicate various statuses of the UAV expandable landing marker system 500 and/or its components and/or systems, such as an operative status, a delivery status, a warning and/or a failure.” The beacon is used to determine the relative positioning of the uav to the landing spot/zone + from column 10, lines 63-11 as cited in the next limitations citation, is known the beacon can emit a light pattern in the IR spectrum for this function);” and a generator for generating a signal including a landing identifier of the positioning beacon; wherein the positioning beacon is configured to a wirelessly transmit the signal including the landing identifier for unique detection of the positioning beacon by the airborne vehicle.”( Column 10, lines 63-11, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.” Here teaches that the UAV detects the optical beacons infrared emission, i.e. has an IR detector + )
Regarding Claim 30, Curlander et al teaches “A method for positioning an airborne vehicle at a geographic location, the method comprising: wirelessly transmitting, from a positioning beacon at the geographic location, a landing identifier for detection by the airborne vehicle”(Column 10, lines 36-44, “In an example, the communication module 512 can communicate directly with the approaching UAV to receive communications regarding the approaching UAV, uniquely identify the landing marker 520 to the UAV and to deploy the landing marker 520. In another example, the communication module 512 can communicate with a local network, such as a residential Wi-Fi network, to receive communications from the approaching UAV, which may act as a trigger to cause inflation or expansion of the landing marker.” )” receiving an emitted or reflected infra-red, IR, signal from the positioning beacon at one or more IR detectors of the airborne vehicle; receiving, at the airborne vehicle, the landing identifier; comparing the landing identifier with a stored unique identifier; and where the landing identifier and stored unique identifier match, use the emitter or reflected signal to control movement of the airborne vehicle with respect to the positioning beacon.”( Columns 10-11, lines 63-12, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.”)
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) 3-5, 19, and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curlander et al as applied to claim 30 above, and further in view of US 20200207474 A1, “UNMANNED AERIAL VEHICLE AND PAYLOAD DELIVERY SYSTEM”, Foggia.
Regarding Claim 3, while Curlander does teach the uav being equipped to hold and then deliver/deposit an item at the landing zone (Column 3, lines 20-27, “At 106, the UAV 120 and/or the item 122 is received onto the landing marker 142 in the expanded state. The item 122 can be released from the UAV 120 at a height above the landing marker 142, the item 122 landing onto an upper surface of the landing marker 142. Alternatively, the UAV 120 itself can land onto the upper surface of the landing marker 142, release the item 122 and then take-off, leaving the item 122 on the upper surface of the landing marker 142.”) it does not disclose the details of this system such that it is understood to be a hatch/latch and/or cable deployment system as required by the 112(F) interpretation of the “consignment holding system”
Foggia teaches a delivery uav which includes a consignment holding system on the uav which is equipped with a cable for delivering the package at the delivery location/landing spot. ([0059] FIG. 1A is an illustration of an example unmanned aerial vehicle (“UAV”) 100 operating as an automated package delivery vehicle, in accordance with some embodiments. As shown in FIG. 1, in some embodiments, UAV 100 may be a rotor-based VTOL aircraft. The example UAV 100 as shown in FIG. 1A may include one or more propulsion and control actuators 110 (e.g., powered rotors and/or aerodynamic control surfaces) for maintaining controlled flight, optical sensors in the form of an image capture device for automated navigation and flight control 112, other sensors (not shown) (e.g., for capturing audio), communications devices and systems (not shown) for communicating with other devices (e.g., a remote control device), for example via a wireless network connection, and a delivery system for securing, delivering, and releasing a payload 150. For example, as shown in FIG. 1, the delivery system of an example UAV 100 may include a retractable delivery mechanism 120 with a coupling mechanism 122 for coupling to the payload 150. Note that the delivery system is shown in FIG. 1A as including a single extendable/retractable cable or tether for illustrative purposes; however this is not to be construed as limiting. Other embodiments may include more than one cable coupled to the payload 150 or may employ a different type of mechanism capable of raising and lowering a payload 150. The payload cable may include power and/or signal wires to operate mechanisms at the end of the cable that can detachably couple to and release various payload types.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to modify Curlander et al to utilize the cable delivery mechanism of Foggia for delivery the item of Curlander to the landing spot of Curlander. Such a modification would be obvious under the KSR rational of “Simple Substitution of One Known Element for Another To Obtain Predictable Results” (1) Curlander teaches the base device which includes a “consignment holding system” under the BRI of the terminology, it however varies in that it does not teach a system which satisfies the 112(f) interpretation of the “consignment holding system”. (2) The type of holding system under the 112(f) interpretation is known in the art as disclosed by Foggia; (3) in the substitution it is merely exchanging on package delivery mechanism for another, the underlying purpose and function of both is the same and both (Curlander and Foggia) are applied specifically to a UAV as in the substitution the mechanism (cable) of Foggia is still being used for the same purpose as it is in the original teachings and no principles of operation are being changed.
Regarding Claim 4, Curlander teaches a delivery UAV which implicitly navigating from a remote destination where it retrieved/was loaded with the item to the delivery destination; Curlander however does not disclose the details as to how the UAV navigates from the starting point to the delivery destination.
Foggia teaches a similar UAV item delivery system which includes teachings for after loading a delivery item, navigating to the approximate delivery location using a GPS (and stored GPS coordinates of the destination) before using local positioning beacons for the final approach/delivery of item ([0068] At Phase 3, with the payload secured, the UAV 100 flies to the second location 220. As with Phase 1, the UAV 100 may be directly or indirectly controlled by a remote human operator during Phase 3 while flying from the pickup location 210 to the delivery location 220. Alternatively, UAV 100 may autonomously or semi-autonomously navigate from the pickup location 210 to the delivery location 220. As a non-exhaustive list, the delivery location 220 may be any one of the following: [0069] a fixed location that may be identified from geographic coordinates; [0070] a location relative or proximate to another location (e.g., a delivery location may be at or near the location of a smartphone; a delivery location may be within a specified distance from a known, identifiable and static object); [0071] a location that is in motion (e.g., a vehicle, object, or person in motion); [0072] a location that is set according to a street address; “ + Here teaches phase 3 (navigating the to geographic location of the delivery location is done autonomous similar to phase 1’s navigation which in [0065] In some embodiments, the UAV 100 may be configured for autonomous flight, or at least semi-autonomous flight, during Phase 1. Autonomous navigation during Phase 1 may be accomplished, for example, through the use of an autopilot or flight controller configured for use with an inertial navigation system. For example, observed positioning based on signals received at a global position system (GPS) receiver onboard the UAV 100 can be combined with data received from motion sensors (e.g., accelerometers, gyroscopes, inertial measurement units (IMUs)) onboard the UAV 100 to resolve an accurate position and/or orientation of the UAV 100 at any given time, relative to any given point of reference.” Here teaches autonomous flight in phase 1 is done through using GPS to reach the approximate ergo [0068] phase 3 can/is also done via navigating via GPS to the approximate location + [0090] “The example process 300 continues at step 306 with detecting that the UAV is approaching within a threshold proximity of the designated physical location. This can be accomplished a number of ways. For example, a processing system may utilize signals from a GPS receiver onboard the UAV 100 while the UAV is in flight from the first location to the designated second location. Using these signals, the processing system can detect and/or estimate when the UAV 100 is within a particular or relative distance from the designated location.”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to modify Curlander et al to utilize the cable delivery mechanism of Foggia for delivery the item of Curlander to the landing spot of Curlander. Such a modification would be obvious under the KSR rational of “Simple Substitution of One Known Element for Another To Obtain Predictable Results” (1) Curlander teaches the base device which includes a “consignment holding system” under the BRI of the terminology, it however varies in that it does not teach a system which satisfies the 112(f) interpretation of the “consignment holding system”. (2) The type of holding system under the 112(f) interpretation is known in the art as disclosed by Foggia; (3) in the substitution it is merely exchanging on package delivery mechanism for another, the underlying purpose and function of both is the same and both (Curlander and Foggia) are applied specifically to a UAV as in the substitution the mechanism (cable) of Foggia is still being used for the same purpose as it is in the original teachings and no principles of operation are being changed.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Curlander to include the GPS navigation to the delivery destination as taught by Foggia. Use a combination would be obvious under the KSR rational of “Combining Prior Art Elements According to Known Methods To Yield Predictable Results”. (1) Curlander teaches the base reference but is mute as to how to navigate to the delivery destination, instead focusing only on the operation starting when the UAV is already in proximity/approaching the delivery location; Foggia teaches a analogous uav package delivery system which includes GPS navigation to geographic coordinates when navigating the uav from the loading position to the delivery geographic position. (2) The combination could be achieved through simple means of programming and equipping of Curlanders UAV with a GPS system. As Foggia already teaches a UAV equipped with such implementing these is known to be within the ability of one of ordinary skill in the art. (3) in the combination the implementing of GPS navigation (Foggia’s teachings) as the means for navigating the UAV to the approximate (threshold proximity) of the landing spot of Curlander is not changing the principles of operation of Foggia or Curlander; Foggia’s teachings are still being used for navigating the UAV for the same purpose in the combination as taught in Foggia and the modification is not affecting the landing operation of Curlander. (IV) Further Foggia additionally teaches the use of Beacon(s) for assisting in the final delivery/landing of the UAV as the destination, e.g. [0014], [0016] of Foggia, as such the implementing of it into the Beacon landing system of Curlander is within the general scope/spirit of Foggia and would have a general expectation of success to one of ordinary skill in the art.
To summarize claim 5’s combination and rejection below, Curlander teaches a drone beacon navigation system for the delivery location (as seen in claim 1’s rejection) i.e. teaches emitters/beacons at the “second” geographic position as defined in claim 5 but not a “first” geographic location as defined in claim 5; (to be clear this is the “first” geographic location as defined claim 5 as being the load acceptance/pickup location; claims 1 and 4 however are broader in that their first location (“first geographic location” of claim 5); Foggia does teach a loading geographic position explicitly, however it does not go into the specific details as to the loading operations beyond navigating to and loading at the designated position; Foggia however then discloses the use of beacons at the delivery location is used to enable more precise positioning of the UAV (and by extension delivery accuracy of the item). This underlying improvement (of locating the UAV to enable proper delivery of the item) is also applicable to loading the item in that in general the loading of the item at a location is effectively the inverse operation of unloading the item with the same underlying need for precise positioning to enable a successful loading of the item/package; as such while Foggia does not explicitly mention using beacons at the loading geographic position to aid in positioning the UAV the underlying reasoning/purpose of those beacons at the unloading position does render obvious equivalent beacons at the loading position in order to improve the positioning accuracy of the drone and thus make automatic loading of the item more accurate/reliable. i.e. Foggia renders obvious implementing the optical beacons of Curlander at the item loading location in order to improve the automatic loading of the item of Foggia.
Regarding Claim 5, modified Curlander (as modified in claim 4 above) discloses “The system of Claim 4, further comprising a second positioning beacon at a second geographic location, the second positioning beacon being configured to wirelessly transmit the landing identifier for detection by the airborne vehicle and comprising: a second one or more emitters or reflectors configured to respectively emit or reflect an IR signal;”(Curlander Column 10, lines 36-44, “In an example, the communication module 512 can communicate directly with the approaching UAV to receive communications regarding the approaching UAV, uniquely identify the landing marker 520 to the UAV and to deploy the landing marker 520. In another example, the communication module 512 can communicate with a local network, such as a residential Wi-Fi network, to receive communications from the approaching UAV, which may act as a trigger to cause inflation or expansion of the landing marker.”, + Curlander Column 10-11, lines 63-11“The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.”);” wherein the airborne vehicle is further configured to use stored GPS coordinates indicating an approximate position of the second geographic location to control movement of the airborne vehicle toward the approximate position of the second geographic location(Foggia as modified in claim 4 teaches [0065] + [0068] in these sections Foggia teaches using GPS /stored GPS coordinate to navigate to the first (loading) and second (unloading) geographic positions);” and wherein the movement of the airborne vehicle is controlled in accordance with stored positioning data comprising data indicating a (Column 10, lines 45-62, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems. The multiple beacons 514 can be used to delineate portions of the UAV expandable landing marker system 500, such as the landing marker 520 in a deployed state. Additionally, the beacon 514 can also communicate with a user to indicate various statuses of the UAV expandable landing marker system 500 and/or its components and/or systems, such as an operative status, a delivery status, a warning and/or a failure.”); ”a consignment holding system configured to enable the airborne vehicle to carry a load, and wherein the airborne vehicle is configured to operate the consignment holding system to accept a load when at the first intended position and to release the load at the second intended position.” (Foggia “[0059] FIG. 1A is an illustration of an example unmanned aerial vehicle (“UAV”) 100 operating as an automated package delivery vehicle, in accordance with some embodiments. As shown in FIG. 1, in some embodiments, UAV 100 may be a rotor-based VTOL aircraft. The example UAV 100 as shown in FIG. 1A may include one or more propulsion and control actuators 110 (e.g., powered rotors and/or aerodynamic control surfaces) for maintaining controlled flight, optical sensors in the form of an image capture device for automated navigation and flight control 112, other sensors (not shown) (e.g., for capturing audio), communications devices and systems (not shown) for communicating with other devices (e.g., a remote control device), for example via a wireless network connection, and a delivery system for securing, delivering, and releasing a payload 150. For example, as shown in FIG. 1, the delivery system of an example UAV 100 may include a retractable delivery mechanism 120 with a coupling mechanism 122 for coupling to the payload 150. Note that the delivery system is shown in FIG. 1A as including a single extendable/retractable cable or tether for illustrative purposes; however this is not to be construed as limiting. Other embodiments may include more than one cable coupled to the payload 150 or may employ a different type of mechanism capable of raising and lowering a payload 150. The payload cable may include power and/or signal wires to operate mechanisms at the end of the cable that can detachably couple to and release various payload types.” + foggia fig. 2 shows the uav both accepting (loading) and releasing the the package/load)
As currently combined in claim 4, the combination of Curlander and Foggia teaches the beacons at the “second” (load release) position, but not at the first position (position where load is accepted/loaded onto the UAV). i.e. the current combination fails to teach the “first” beacon and its operation/aspects.
Foggia however teaches that the Drone does to a load acceptance (loading) position ([0064] “The example mission profile 200 begins at Phase 1 with a UAV 100 flying to a first location 210 (e.g., a pickup location) to then pick up and secure, at Phase 2, a payload 150 for delivery to a second location 220. The pickup location may be any location in the physical environment. In an embodiment, the pickup location 210 may be a distribution facility, for example, of a shipping and logistics company such as FedEx™, the United Parcel Service™, etc. The pickup location 210 may similarly be associated with a manufacturer, distributer, retailer, and/or any other type of vendor of products or services. In some embodiments, the pickup location may be a residential address (e.g., for a package return or individualized delivery).”); Foggia then goes on to disclose the utilization of infrared positioning beacons at the unloading (second) position is to improve the positioning accuracy of the UAV given that precise navigation is needed for proper delivery ([0165] “In other embodiments, the payload holder may include a delivery surface monitor configured obtain the direction and/or distance to the delivery surface relative to the payload holder. The delivery surface monitor may include a receiver configured to receive a signal from a beacon located at the delivery surface. For example, the receiver may be an infrared receiver configured to determine the direction based on infrared signals received from an infrared beacon, or a radio receiver configured to determine the direction on the basis of radio signals received from a radio beacon. Similarly, the receiver may determine the direction to the delivery surface based on signals received from a wireless access point (e.g. a Wi-Fi™ router), a Bluetooth™ beacon, or the like. The direction acquired by the delivery surface monitor may be used to provide precise positioning of the payload holder with respect to the delivery surface, and thus facilitate accurate delivery of the payload”)
As such it would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to further modify Curlander to utilize infrared positioning beacons (as taught by Curlander specifically and Foggia in general) as part of the load acceptance/pickup by the UAV at a first position. One would be motivated to implement infrared beacons at the first position to allow for more accurate positioning of the UAV during load acceptance/pickup; thereby improving the success and ease of operation. Foggia discloses this benefit (of infrared beacons) in ([0165] “. The direction acquired by the delivery surface monitor may be used to provide precise positioning of the payload holder with respect to the delivery surface, and thus facilitate accurate delivery of the payload”) while the disclosed benefit is applied to unloading/releasing of the payload in Foggia, the underlying improvement is also applicable to the similar process/device of picking up the load at a given location.
Regarding Claim 19, Curlander does not teach the beacon(s)/landing location as “The system of Claim 17, wherein the positioning beacon comprises three or more emitters or reflectors and the positioning beacon is located on a moving surface.”
Foggia teaches a analogous drone delivery system with infrared positioning beacons at the delivery location ([0165]) which includes implementing the delivery beacons/delivery location on a moving surface ([0080] “The delivery surface 230 may be any appropriate surface (e.g., a roof, lawn, field, driveway, vehicle, balcony, boat etc.), or parts thereof, within a threshold proximity of the delivery location 220. For example the delivery surface 230 may be flat or not, may be oriented in parallel to the ground or at an angle, may be a certain distance above the ground, and/or may be stationary relative to the ground or mounted to a moving object (e.g., a landing platform on a boat at sea).”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Curlander to implement its beacons/delivery system mounted onto the surface of a vehicle and/or boat (i.e. a moving surface). One would be motivated to implement Curlander onto a moving surface to allow for a wider range of delivery sites/locations thereby increasing the amount of potential customers for the delivery system.
Regarding Claim 31, it is effectively method equivalent to claim 4 (in regards to the use of GPS to navigate to/from a first (loading) and second (unloading) positions) and claim 5 (in regards to the use of the first and second beacons/reflectors for positioning at the first and second locations) above as such it has the same overall grounds of rejection, combination, and motivation for combination as claims 4/5 above.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curlander as applied to claim 1 above, and further in view of Taylor et al US 11762398 B1, “Multimodal Beacon Based Precision Landing System For Autonomous Aircraft”.
Regarding Claim 12, Curlander while teaching infrared beacons (emitters) does not in particular that those beacons operate near infrared spectrum (NIR).
Taylor et al teaches an analogous delivery uav system which includes positioning beacons that are configured to emit radiation in the Near infrared (NIR). (Column 6, lines 45-56, “The four beacons 202a-202d could be optical beacons that may be tracked by light (e.g., LED) or vision generally. That is, the aircraft's camera system 502 may detect light energy emitted from light energy sources of the plurality of beacons 202a-202d to identify the beacons 202a-202d in images captured by the onboard camera system. The light energy may be near infrared (NIR) light energy (and may be strobed), which advantageously could be more covert and incur less signal interference than other types of light energy. As a result, it could be less likely to mistake “natural sources” for beacons 202a-202d.”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to modify Curlander to utilize NIR radiation from the beacons instead of infra-red radition in general as taught by Taylor. One would be motivated to implement NIR beacons in particular as NIR radiation is less likely to occur naturally and has less interference compared to other parts of the infrared spectrum/frequencies. Taylor teaches this improvement/motivation in Column 6, lines 45-56 as cited above.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified Curlander as applied to claim 12 above, and further in view of US2017221596A1, “Frequency- And amplitude-Modulated Narrow-Band Infrared Emitters”, Caldwell et al.
Claim 13, modified Curlander (in particular the teachings of Taylor) teaches NIR beacons; however the combination does not teach narrowband NIR in particular.
Caldwell et al teaches a infra-red reflector/beacon which includes specifically configuring the emitter/reflector to operator in a narrowband ([0045] Thus, in accordance with the present invention, by tailoring the characteristics of the device, an IR emission device formed from such a polaritonic material nano-scale structure array can be tailored to provide a desired IR emission response. For example, by selecting an appropriate material for the substrate and/or the IR emitters, the IR emission from the device can cause the device to have a desired IR emission spectrum that can be used as a tailored optical source or beacon or can be used to modify the perceived temperature of the device in a manner as described above. In some embodiments, the device can be designed to be “hidden” from view unless the device is illuminated by light having an appropriate frequency, e.g., a frequency spectrally close to the resonance of the nanoscale IR emitters. In other embodiments, a heater can be configured to apply heat to selected IR emitter arrays or to produce variations in the actual temperatures applied to different IR emitter arrays on the same device, thereby producing a spatially patterned IR emission signature that can identify a source of the IR emitters.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Curlander (in view of Taylor) to specifically implement Narrowband NIR for the beacon emissions; one would be motivated to implement narrow band emission in order to may the beacons harder to detect from non-authorized and/or hostile sources; thereby improving privacy and security of the delivery system. Caldwell teaches this improvement of using Narrowband in ([0086] Finally, these emitters are also strong absorbers of light on resonance, and highly reflective off-resonance and therefore can be used as a passive device that when illuminated by an external light source or by the thermal energy of the local environment can provide a similar narrow-band and polarized response, but in this case could be covert even in areas where minimal background emission is anticipated. These and other applications derived from these modulated IR emitters also benefit from the atmospheric windows (e.g. the 3-5 and 8-12 μm windows, denoted by gray cross-hatched regions in FIG. 4), whereby light with these wavelengths can be transmitted over long distances with minimal absorption or scattering of light within the atmosphere.)
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curlander as applied to claim 1 above, and further in view of case law of In re Japikse,.
Regarding Claim 18, Curlander teaches a plurality of beacons arranged geometrically about the landing area including three or more beacons (Column 10, lines 45-58, “The controller 510 can also include the beacon 514. The beacon 514 can include an optical beacon 516 and/or an audible beacon 518. The beacon 514 can emit a signal that the approaching UAV can detect to communicate with the UAV, such as assisting with determining the relative position of the UAV and the landing marker 520 in an expanded or deployed state. The UAV expandable landing marker system 500 and/or controller 510 can include multiple beacons 514 placed in various locations on and/or around the UAV expandable landing marker system 500 and/or its various components, elements and systems. The multiple beacons 514 can be used to delineate portions of the UAV expandable landing marker system 500, such as the landing marker 520 in a deployed state.”); however it does not the teach three or more emitters or reflectors arranged specifically in a L shape.
However given the general teachings concerning the pluralirty of beacons placed geometrically about the landing area, the difference between CUrlander and the recited invention of claim 18 is only in the specific placement/shape of the beacons. At the level of generality currently claimed regarding the placement and corresponding function of the beacons in that shape the difference is understood only to be one of placement. In view of the precedent of In re Japikse differences the specific placement of components is not patentable over the prior art which teaches those component when the placement does not change the underlying operation of those components. In the current case Curlander teaches that beacons can generally be disposed anywhere/about the landing area as such the specific placement into a L shape is not considered to change the underlying principles of operation and thus claim 18 is not patentable in view of Curlander.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curlander as applied to claim 1 above, and further in view of “Methods, Systems And Devices For Delivery Drone Security”, US 20160068264 A1, Ganesh.
Regarding Claim 20, Curlander is mute as to the range of reflection/emission of the beacons, i.e. does not teach that “the one or more emitters or reflectors are configured to emit or reflect IR radiation substantially vertically.”
Ganesh teaches an analogous drone delivery system which includes infrared positioning beacons which “are configured to emit or reflect IR radiation substantially vertically.” (Ganesh [0071] The landing aids 321 may include optical landing aids, radio landing aids or a combination thereof. In some embodiments, the landing aids 321 may be emitters only, or may be a combination of shapes, emitters, receivers, and sensors. In some embodiments, each of the landing aids 321 may have an optical zone 427 that emits an optical signal such as a directional or non-directional infrared beacon.” + Fig. 4a posted below which depicts the beacons as transmitting substantially vertically)
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Curlander to include the substantially vertical IR emissions from beacons as shown in Ganesh. Such a modification would be obvious under the KSR rational of “Combining Prior Art Elements According to Known Methods To Yield Predictable Results” (1) Curlander teaches the base device, but is mute as to if the infrared beacons are configured to transmite IR in a substantially vertical direction; Ganesh teaches the same overall invention (delivery drone which uses IR beacons at the delivery site to aid in final delivery/positioning) which includes the IR beacons transmitting in a “substantially vertical” direction. (2) The combination would simply require implementing the IR beacon guide/structure which allows for vertical emission (of Ganesh) onto the beacons of Curlander. In the combination no underlying principles of operation are being changed, the beacons are still being used for the same overall purpose in both reference (to emit IR radiation to guide the UAV as part of the final delivery) (3) The result of the combination would be predictable to one of ordinary skill in the art, both references are using the same devices (IR beacons) for the same purpose (guiding a uav to a landing/delivery spot) the modification is merely implementing a specific range/field of view for where the IR beacons transmit their light/radiation.
Claim(s) 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curlander as applied to claim 1 above, and further in view of itself.
Regarding Claims 22-23 they recite the specific range of frequency/frequency of operation of the detectors. Curlander et al as previously cited teaches an infra-red detector however it is mute as to the specific frequencies of operation. From Column 10-11, lines 63-11, “The optical beacon 516, such as a light, can flash and/or move in a repeated pattern or manner that the approaching UAV can detect. The flashing and/or movement of the optical beacon 516 can also be modified depending on the relative position of the UAV and the landing marker 520 as determined by the UAV expandable landing marker system 500. Additionally, the optical beacon 516, flashing pattern, arrangement and/or color can be unique to a specific UAV expandable landing marker system 500, or user of the system 500. The unique optical beacon 516 can be detected by the UAV and used to identify the landing marker 520 and/or landing marker system 500 as the correct one for the UAV delivery. The optical signal emitted by the optical beacon 516 can be within the visible light spectrum and/or can be emitted outside of the visible light spectrum, such as an infrared emission.” It is implicitly known that the uav’s detector is operating in real-time/periodically such that it can detect the infra-red pattern. i.e. implicitly it discloses a broad range of refresh rates.
As such the specific range of 25-200HZ (claim 22) and the specific rate of 60Hz (claim 23) are understood to be merely the results of routine optimization in that one of ordinary skill in the art would recognize the tradeoff between a high refresh rate (which would be more quickly able to recognize and track the Infrared beacons) at the cost of higher computational load/electrical battery load versus a lower refresh rate which would save on electrical/computational loads but would have less responsive tracking. As such the differences between the cited art (Curlander) and the claims 22/23 is one of amount/proportion in regards to how often the infra-red detector repeats its detections. When reviewed there is no clear indication in the applicants specification that the range or specific frequency of operation is critical to the operation of the device. As such Claims 22-23 are rejected as unpatentable over Curlander in view of routine optimization in that as a starting point of Curlander one of ordinary skill in the art would test the various refresh rates/frequencies for the infra-red detector to arrive at a range which satisfactorily balances responsiveness with computational/power load requirements.
Claim(s) 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curlander as applied to claim 1 above, and further in view of US 20180155011 A1, “ADAPTIVE THRUST VECTOR UNMANNED AERIAL VEHICLE”, Greiner.
Regarding Claim 24, Curlander does not teach “wherein the positioning beacon comprises a mobile telecommunications device, such as a smartphone.”
Greiner et al teaches a similar (uav delivery system) which includes the user mobile telecommunications device functioning as a (infrared) beacon ([0104] At the same time, a validation system included in the UAV 108 searches for a validation beacon 426 associated with the customer 422. In some examples, the validation beacon 426 is a fiducial such as a QR code or bar code displayed on the screen of the customer's mobile device 424. In this case, a camera 220 on board the UAV 108 takes still photographs or video of the surrounding area as the UAV 108 flies around the GPS coordinate. An image processor processes the photographs or video to determine whether the fiducial 426 is present in the photographs or video. Once the fiducial 426 is detected, the UAV 108 flies toward the fiducial until the UAV 108 is directly above the fiducial 426 (and presumably the customer 422). The UAV 108 then flies to a sufficiently low altitude such that the item 102 can be safely delivered to the customer 422.
[0105] In other examples, the validation beacon is a near-field communications signal such as a Bluetooth signal, a WiFi signal, or an infrared signal. In this case, a sensor such as a Bluetooth, WiFi, or infrared sensor monitors the environment as the UAV 108 flies around the GPS coordinate. When the UAV 108 detects the validation beacon signal the UAV 108 flies in such a way that the received signal strength is maximized. At this point the UAV 108 is presumably closest to the customer 422. The UAV 108 then flies to a sufficiently low altitude such that the item can be safely delivered to the customer 422)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Curlander to implement the mobile telecommunications based beacon as taught by Greiner. One would be motivated to implement the mobile phone based beacon to allow to UAV to find the location of the person allowing for closer delivery of the package even as they move([0108] “In some examples, the customer 422 may be on the move and the customer's mobile device 424 can continually update the UAV 108 with the customer's current GPS coordinate. In this way, the customer's location can be tracked by the UAV 108 and the customer 422 doesn't have to wait in one location for their delivery.”)
Regarding Claim 25, modified Curlander teaches “wherein the one or more emitters or reflectors are configured to be attached to a mobile telecommunications device, such as a smartphone.”( [0104] At the same time, a validation system included in the UAV 108 searches for a validation beacon 426 associated with the customer 422. In some examples, the validation beacon 426 is a fiducial such as a QR code or bar code displayed on the screen of the customer's mobile device 424. In this case, a camera 220 on board the UAV 108 takes still photographs or video of the surrounding area as the UAV 108 flies around the GPS coordinate. An image processor processes the photographs or video to determine whether the fiducial 426 is present in the photographs or video. Once the fiducial 426 is detected, the UAV 108 flies toward the fiducial until the UAV 108 is directly above the fiducial 426 (and presumably the customer 422). The UAV 108 then flies to a sufficiently low altitude such that the item 102 can be safely delivered to the customer 422.
[0105] In other examples, the validation beacon is a near-field communications signal such as a Bluetooth signal, a WiFi signal, or an infrared signal. In this case, a sensor such as a Bluetooth, WiFi, or infrared sensor monitors the environment as the UAV 108 flies around the GPS coordinate. When the UAV 108 detects the validation beacon signal the UAV 108 flies in such a way that the received signal strength is maximized. At this point the UAV 108 is presumably closest to the customer 422. The UAV 108 then flies to a sufficiently low altitude such that the item can be safely delivered to the customer 422”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KENNETH M DUNNE/ Primary Examiner, Art Unit 3669
