CTNF 19/218,817 CTNF 79322 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Acknowledgment is made of applicant’s claim foreign priority based on a application filed in FRENCH REPUBLIC on 06/05/2024. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 05/27/25 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Smaili Moulay EP (3 203 343) and further in view of Patel (WO 2024/091629) . 3. As per claims 1,5, 9, 10 and 11 Smaili disclosed an upset-recovery method for recovering an aircraft in flight into a first predefined flight envelope called a normal flight envelope, the method being executed in a flight-command control device [The invention relates to a control system for recovering an aircraft from an upset situation outside of flight envelope which aircraft comprises aircraft controls connected to cockpit controls and to an auto flight system] (Paragraph. 0001) and the method comprising: recurringly obtaining first information coming from sensors and/or one or more computers of the aircraft, which are configured to deliver information representative of flight conditions or parameters of the aircraft [In such an embodiment the sensors may comprise standard sensors of an aircraft for determining, for example, air speed, angular velocities and altitude. The database maybe part of the aircraft but also maybe part of the control system. The desired aircraft flight parameters correspond with the flight envelop] (Paragraph. 0008) ; detecting one or more flight conditions or parameters of the aircraft outside a second flight envelope of the aircraft, called a peripheral flight envelope, which is broader than the normal flight envelope and surrounds the normal flight envelope [In case the aircraft gets outside its normal operational flight envelope, for example due to extreme atmospheric events or a medical event causing involuntary pilot control inputs, the comparing and detecting logic of the control system detects an upset or unstable flight condition] (Paragraph. 0025) ; adapting the first information, the adapting comprising: comparing each item of the first information with a predetermined range of acceptable values which is defined in relation to a nature of information in question [Initially the aircraft is flying in a stabilized flight condition at a set cruise altitude and trimmed air speed The control system is monitoring the flight condition through its first means (with comparing and detecting logic) that receive current aircraft flight parameters data from sensors via its input] (Paragraph. 0029) ; and automated control of flight commands of the aircraft based on the adapted information, so as to recover the flight of the aircraft into the normal flight envelope [Following an upset with a fully operational crew or pilot, the control system is designed to relieve the pilot/crew from the excessive (and startling) psychological and physiological stresses during an upset to safely recover and stabilize automatically within the normal operational flight envelope For fly-by-wire equipped aircraft, the system may function as an emergency backup in case the normal envelope protections have been lost (Paragraph. 0029) . However, Smaili did not explicitly disclose, “replacing the information in question with a substitution value when the information in question is outside the range of acceptable values”. In the same field of endeavor Patel disclosed, “The navigation module 822 is configured to determine a plurality of state estimations based on in-flight measurements obtained by one or more vehicle sensors. In some embodiments, the navigation module 822 comprises a sensor valid model for verifying and validating raw sensor data (e.g., passing checksums, reasonable values, status flags acceptable, other sensor validation checks, or some combination thereof). The navigation module 822 may further comprise a sky navigation (SkyNav) model for taking the outputs of the sensor valid model as input and performing sensor fusion and other processing on the valid sensor data (Paragraph. 0105)”. It would have been obvious to one ordinary skill in the art before the effective filing was made to have incorporated The navigation module 822 is configured to determine a plurality of state estimations based on in-flight measurements obtained by one or more vehicle sensors. In some embodiments, the navigation module 822 comprises a sensor valid model for verifying and validating raw sensor data (e.g., passing checksums, reasonable values, status flags acceptable, other sensor validation checks, or some combination thereof). The navigation module 822 may further comprise a sky navigation (SkyNav) model for taking the outputs of the sensor valid model as input and performing sensor fusion and other processing on the valid sensor data as taught by Patel in the method and system of Smaili to improve the flight management by assisting the pilot. 4. As per claims 2,6 Smaili-Patel disclosed according to which the substitution value is a last value measured prior to the detecting of one or more flight conditions or parameters outside the peripheral flight envelope, for the information in question (Patel, Paragraph. 0197). Claims 2,6 have the same motivation as to claim 1. 5. As per claims 3,7 Smaili-Patel disclosed wherein the automated control of flight commands is carried out for a predetermined maximum duration from detecting one or more flight conditions or flight parameters of the aircraft outside the second flight envelope of the aircraft (Smaili, Paragraph. 0029). 6. As per claims 4,8 Smaili-Patel disclosed wherein the aircraft is automatically configured into a direct-law flight-command mode at an end of the maximum duration if the aircraft is not recovered into the normal flight envelope or the peripheral flight envelope (Smaili, Paragraph. 0025). Claim Rejections - 35 USC § 101 7. Claim 11 is rejected under 35 USC 101 since the claims are directed to non-statutory subject matter. Claim 11 recited "Storage Medium” in the claims which appear to cover both transitory and non-transitory embodiments. The United States Patent and Trademark Office (USPTO) is required to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz , 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer useable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent . See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se , the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten , 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101 , Aug. 24, 2009; p. 2. The Examiner suggests that the Applicant add the limitation "non-transitory" to the storage medium as recited in the claim(s), and also changed the term comprising to embodied to positively tied the article to a non-transitory computer-readable medium this will render the claim(s) in statutory form in view of their broadest reasonable interpretation in light of the originally filed specification. The Examiner also suggests that the specification may be amended [to include the term "non-transitory computer useable medium" (NOTE: when the specification is silent) OR to add the term "non-transitory" to the disclosed “a storage medium“ to avoid a potential objection to the specification for a lack of antecedent basis of the claimed terminology. Conclusion 8. Any inquiry concerning this communication or earlier communication from the examiner should be directed to Adnan Mirza whose telephone number is (571)-272-3885. 9. The examiner can normally be reached on Monday to Friday during normal business hours. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris Almatrahi can be reached on (313)-446-4821. 10. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for un published applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866)-217-9197 (toll-free). /ADNAN M MIRZA/Primary Examiner, Art Unit 3667 Application/Control Number: 19/218,817 Page 2 Art Unit: 3667 Application/Control Number: 19/218,817 Page 3 Art Unit: 3667 Application/Control Number: 19/218,817 Page 4 Art Unit: 3667 Application/Control Number: 19/218,817 Page 5 Art Unit: 3667 Application/Control Number: 19/218,817 Page 6 Art Unit: 3667 Application/Control Number: 19/218,817 Page 7 Art Unit: 3667
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