DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
This action is in response to the Applicant’s filing on June 20, 2025. Claims 1-12 are pending and examined below.
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.
Claims 1-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2020/0324896 by Noura (herein after “Noura”), in view of U.S. Patent Application Publication No. US 2020/0233411 by Ivanov et al. (herein after “Ivanov”) and U.S. Patent Application Publication No. US 2024/0365009 by Jennings et al. (herein after “Jennings”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 1, Noura discloses a system for providing shade to an environment comprising:
a swarm of unmanned aerial vehicles (UAVs) (Noura ¶ [0039]: Such flying object has a body part serving main features such as driving and controlling, etc. and each two-blade propeller on each top of four arms which extend horizontally from such body part so that such flying object can fly by driving such propellers; propellers 2, arms 3 and bodies 4 in Fig. 1);
a payload (Noura: sheet 1 in Fig. 1) comprising a surface material and having a plurality of connection points (Noura ¶ [0041]: By multiple flying objects with the same structure flying, a sheet, parts of which are fixed to each flying object; Noura ¶ [0042]: In order to maximize the size of the surface formed by such sheet when such flying objects fly, it is preferable to fix each of four corners of a sheet to each of flying objects) wherein the surface material comprises a degree of translucency (Noura ¶ [0045]: with respect to a material of the sheet, a sheet which prevents or mitigates sunlight is generally usable, but a mesh sheet which not only prevents or mitigates sunlight but also breathes is preferable); and
a controller (Noura: separate mobile device in Fig. 6) programmed to:
position each UAV of the swarm at a selected location such that the payload is maintained at the selected location or configured to assume a selected shape to provide a selected degree of shade to the environment (Noura ¶ [0084]-[0086]: designated positions (including heights) of a sheet at a specific date, time, and place are decided in advance, it is also thought that: (i) Information for such designated positions (including heights) are pre-installed into a separate mobile device; and (ii) Such separate mobile device (a) automatically instructs each of flying objects combined with a sheet to fly in designated positions (including heights) at the date, time and place, checking information of current positions transmitted from flying objects, and (b) thereafter continuously provides instructions to hover or move depending on designated positions (including heights) which change as time proceeds);
adjust at least one of the selected location or the selected shape of the payload such that the payload is configured to track a trajectory of the sun (Noura ¶ [0063]: there is the following relationship among latitude a (plus toward the North Pole), solar altitude angle h (zero degree on the horizon, and plus toward the top of the Northern Hemisphere of the earth), solar azimuth angle A (zero degree at the due south, and plus toward the western side), hour angle t (angle of 15 degrees per an hour based on 24-hour cycle between the sun and the earth), and declination of the sun, β, (angle formed with equatorial plane of the earth. Minus 23 degrees, 27 minutes (−23° 27′) at the winter solstice, 23 degrees, 27 minutes (23° 27′) at the summer solstice, and zero degree at the spring equinox and the autumn equinox); Noura ¶ [0066]: With the above formula and the (i) through (iv) calculation assumptions below, the following table is as a result of calculation of solar altitude angle h and solar azimuth angle A at the winter solstice in the central part of Tokyo (35 degrees, 41 minutes (35° 41′) north latitude, 139 degrees, 46 minutes (139° 46′) east longitude, time difference of 19.1 minutes, magnetic north difference of 6 degrees, 20 minutes (6° 20′); Noura ¶ [0075]: Also, while FIG. 8 shows designated positions of a sheet at the specific four times, it is possible to calculate designated positions (including heights) of a sheet between each of such specific four times); and
.
It is noted Noura fails to particularly disclose a controller programmed to: cause each UAV of the swarm to attach to at least one of the plurality of connecting points of the payload, such that the swarm of UAVs is configured to collectively support and move the payload; and adjust the degree of translucency based at least in part on an environmental condition.
However, Ivanov, in the same field of endeavor, teaches a controller (Ivanov: server 125 in Fig. 10) programmed to: cause each UAV of the swarm to attach to at least one of the plurality of connecting points of the payload, such that the swarm of UAVs is configured to collectively support and move the payload (Ivanov ¶ [0046]: The drones 124 may also include one or more coupling mechanisms 118 as connection points for attaching or docking to a package 100. The coupling mechanism 118 may clip, fasten, snap, latch or otherwise couple to a corresponding coupling mechanism 119 on a package 100. The drone may insert coupling mechanism 118 into coupling mechanism 119 then rotate to lock the coupling. In other words, the drone 125 may be configured for a flight sequence that couples the drone 124 to the package 100; Ivanov ¶ [0051]: The server 125 or user may determine a drone constellation in response to the package properties. The constellation shape may be based on the center of mass and/or dimensions of the package 100. Drones locations are chosen symmetrically around the center of mass, so that drones can be placed together taking into account dimensions of the drones).
Further, Jennings, in the same field of endeavor, teaches a controller (Jennings: user system 103 in Fig. 5) programmed to: adjust the degree of translucency based at least in part on an environmental condition (Jennings ¶ [0016]: a shade system can use an electrically tuned material to dim/opaque the material until the desired light reduction is reached. A camera system (e.g., at least one camera, EMR sensors, etc.) coupled to UAV platform 101 can identify the current lighting of a target 105 and the location of light sources 107, and the UAV platform 101 can move to an intermediary location between target 105 and a light source 107 if less light is needed).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land to include the method of connecting drones to a payload of Ivanov and the electrically tuned material able to adjust opacity to achieve a desired light reduction of Jennings. A person of ordinary skill in the art would be motivated to make these modifications in order to allow a swarm of drones to be connected to a payload without human intervention (Ivanov ¶ [0046]) and to allow drones to modify light levels in an operating environment (Jennings ¶ [0002]).
Regarding claim 2, the combination of Noura, Ivanov and Jennings discloses wherein the surface material comprises a plastic surface, paper surface, polymer surface, microfiber surface, or a surface suitable for displaying graphic information (Noura ¶ [0096]-[0098]: Also, as another variation, it is thought that a surface formed in the air by multiple flying objects and a sheet is used as a screen to be seen by people on the ground at night, not for shading. For example, it is thought that images of stars are projected onto such screen, and people, from the ground, enjoy starry-sky-like images on such screen. On the other hand, it is also thought that advertisements, such as company logos, etc., are put on a sheet itself).
Regarding claim 3, the combination of Noura, Ivanov and Jennings discloses wherein one or more UAVs of the swarm comprise a sensor configured to detect the environmental condition (Jennings ¶ [0016]: camera system (e.g., at least one camera, EMR sensors, etc.)), and wherein the environmental condition comprises one or more of an intensity of sunlight, a positioning of the sun (Jennings ¶ [0016]: A camera system (e.g., at least one camera, EMR sensors, etc.) coupled to UAV platform 101 can identify the current lighting of a target 105 and the location of light sources 107), cloud coverage, rain, temperature, or a time of day (Noura ¶ [0075]: Also, while FIG. 8 shows designated positions of a sheet at the specific four times, it is possible to calculate designated positions (including heights) of a sheet between each of such specific four times). Examiner interprets the system of Noura to implicitly include a sensor for detecting a time of day as a time of day is needed in order to position the sheet based on the location of the sun at a given time.
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land modified by the method of connecting drones to a payload of Ivanov and the electrically tuned material able to adjust opacity to achieve a desired light reduction of Jennings to further include the sensors for determining a current lighting condition and locations of light sources of Jennings. A person of ordinary skill in the art would be motivated to make this modification in order to allow drones to modify light levels in an operating environment (Jennings ¶ [0002]).
Regarding claim 4, the combination of Noura, Ivanov and Jennings discloses wherein the controller is further programmed to deploy a plurality of payloads above the environment (Jennings ¶ [0017]: A plurality of UAV platforms 101 can be used in parallel (i.e., the same intermediary location) to block light from a single light source 107 such that the combined shade sections lower the required proximity to the light source needed to create sufficient shade. For example, two UAV platforms 101 can fly adjacent to each other at an intermediary location such that their shade sections form a larger combined shade section).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land modified by the method of connecting drones to a payload of Ivanov and the electrically tuned material able to adjust opacity to achieve a desired light reduction of Jennings to further include the deployment of a plurality of shade systems of Jennings. A person of ordinary skill in the art would be motivated to make this modification in order to allow drones to modify light levels in an operating environment (Jennings ¶ [0002]) and to provide larger shade sections (Jennings ¶ [0017]).
Regarding claim 5, the combination of Noura, Ivanov and Jennings discloses wherein the plurality of payloads are configured to provide a larger selected degree of shade to the environment, or wherein the plurality of payloads are configured to provide a degree of shade to a plurality of locations of the environment (Jennings ¶ [0017]: A plurality of UAV platforms 101 can be used in parallel (i.e., the same intermediary location) to block light from a single light source 107 such that the combined shade sections lower the required proximity to the light source needed to create sufficient shade. For example, two UAV platforms 101 can fly adjacent to each other at an intermediary location such that their shade sections form a larger combined shade section).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land modified by the method of connecting drones to a payload of Ivanov and the electrically tuned material able to adjust opacity to achieve a desired light reduction and the deployment of a plurality of shade systems of Jennings to further include the plurality of payloads that provide larger shade sections of Jennings. A person of ordinary skill in the art would be motivated to make this modification in order to allow drones to modify light levels in an operating environment (Jennings ¶ [0002]) and to provide larger shade sections (Jennings ¶ [0017]).
Regarding claim 7, the combination of Noura, Ivanov and Jennings discloses wherein the environment comprises a stadium (Noura ¶ [0010]: a method to entirely and effectively shade fixed tracts of land such as school yard or athletics stadium), and wherein the payload is configured to provide a selected degree of shade to attendants in the stadium (Noura ¶ [0080]: it is thought that horizontal positions of flying objects are adjusted by (i) checking, through cameras affixed to flying objects, whether a land to be covered, such as school yard or athletics stadium, is being shaded by a sheet and (ii) thereafter comparing such shade with a position of a land to be covered, which position is recognized through cameras similarly).
Regarding claim 8, the combination of Noura, Ivanov and Jennings discloses wherein the environment comprises a stadium (Noura ¶ [0010]: a method to entirely and effectively shade fixed tracts of land such as school yard or athletics stadium), and wherein the swarm of UAVs is configured to hold the payload at an angle that matches an angle of seating in the stadium (Noura ¶ [0081]: it is also thought that sizes of shade created on the ground are adjusted by (i) some of flying objects combined with a sheet flying at different heights from those of the other flying objects which are also combined with such sheet and (ii) keeping a surface formed by a sheet in positions not horizontal to the ground). Examiner interprets the adjustment of an angle of a sheet that provides shade to a stadium taught by Noura to implicitly include adjustments that would hold a sheet at an angle that matches an angle of seating in the stadium. Further, under a BRI, the angle of seating could be substantially horizontal as people typically sit in seats that are flat relative to the ground.
Regarding claim 9, the combination of Noura, Ivanov and Jennings discloses wherein the payload comprises: (i) a display screen (Noura ¶ [0096]: it is thought that a surface formed in the air by multiple flying objects and a sheet is used as a screen to be seen by people on the ground at night, not for shading), (ii) an audio system, or (iii) a lighting system, and wherein the controller is further programmed to customize the content of one or more of the display screen, the audio system, or the lighting system to an event being held in the stadium (Noura ¶ [0097]-[0098]: For example, it is thought that images of stars are projected onto such screen, and people, from the ground, enjoy starry-sky-like images on such screen. On the other hand, it is also thought that advertisements, such as company logos, etc., are put on a sheet itself).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2020/0324896 by Noura (herein after “Noura”), in view of U.S. Patent Application Publication No. US 2020/0233411 by Ivanov et al. (herein after “Ivanov”) and U.S. Patent Application Publication No. US 2024/0365009 by Jennings et al. (herein after “Jennings”), further in view of US 2019/0047698 by Jassowski et al. (herein after “Jassowski”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 6, the combination of Noura, Ivanov and Jennings fails to particularly disclose wherein the controller is further programmed to switch out one or more UAVs of the swarm with one or more newly charged UAVs from a charging station as a battery level of the one or more UAVs reaches a drained state.
However, Jassowski, in the same field of endeavor, teaches wherein the controller is further programmed to switch out one or more UAVs of the swarm with one or more newly charged UAVs from a charging station (Jassowski ¶ [0030]: a spare drone 114 may be stored on a charging platform. The spare drone 114 may be inserted into the system 100 in-flight) as a battery level of the one or more UAVs reaches a drained state (Jassowski ¶ [0032]: the spare drone 114 may be added to the system 100 in response to a low battery of one of the drones 102-108. When a drone has a low battery, the spare drone 114 may be sent to be added to the system 100. The low battery drone may detach from the support component 110 before the spare drone 114 is added if there is sufficient cargo carrying capacity redundancy among the remaining drones or after the spare drone 114 is added if not (or for the sake of redundancy)).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land modified by the method of connecting drones to a payload of Ivanov and the electrically tuned material able to adjust opacity to achieve a desired light reduction of Jennings to further include the switching of drones in a swarm of Jassowski. A person of ordinary skill in the art would be motivated to make this modification in order to allow low power drones in a swarm to be switched out to recharge and a replacement drone to compensate for any lost lifting capacity (Jassowski ¶ [0031]-[0032]).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2020/0324896 by Noura (herein after “Noura”), in view of U.S. Patent Application Publication No. US 2020/0233411 by Ivanov et al. (herein after “Ivanov”) and U.S. Patent Application Publication No. US 2024/0365009 by Jennings et al. (herein after “Jennings”), further in view of US 2022/0219819 by Godin (herein after “Godin”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 10, the combination of Noura, Ivanov and Jennings discloses incorporating solar cells into a sheet (Noura ¶ [0092]: in FIG. 10, that solar cells or modules are incorporated into a sheet, and electric powers generated therefrom are stored at a battery) but fails to particularly disclose wherein one or more UAVs of the swarm comprise a photovoltaic cell.
However, Godin, in the same field of endeavor, teaches wherein one or more UAVs of the swarm comprise a photovoltaic cell (Godin ¶ [0041]: With reference to FIGS. 1 and 2, the UAV 200 may include PV panel 230, fluid chamber 240, and hydrogen tank 260. The PV panel 230 may be of any suitable size to generate power for storage and/or use by the UAV systems 100).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land modified by the method of connecting drones to a payload of Ivanov and the electrically tuned material able to adjust opacity to achieve a desired light reduction of Jennings to further include the photovoltaic (PV) panel mounted on a UAV of Godin. A person of ordinary skill in the art would be motivated to make this modification in order to generate power for use by UAV systems (Godin ¶ [0041]).
Regarding claim 11, the combination of Noura, Ivanov and Jennings fails to particularly disclose wherein at least one of the location or the selected shape of the payload is further configured to block and collect rainwater.
However, Godin, in the same field of endeavor, teaches wherein at least one of the location or the selected shape of the payload is further configured to block and collect rainwater (Godin ¶ [0046]: the fluid chamber 240 can be configured in a way that it can receive a fluid from the environment (e.g., a lake, rainwater, ocean, etc.) … the fluid chamber 240 may be configured to collect rainwater; Godin ¶ [0058]: Initially, at step 502, the UAV 200 receives a first location to collect or release a fluid (e.g., fluid 120), by a UAV 200 (FIG. 2); Godin ¶ [0059]: Next, at step 504, the controller 300 determines a fluid level within the fluid chamber 240, optionally comparing the existing fluid level to a stored pre-determined fluid level; Godin ¶ [0060]: Next, at step 506, the UAV travels to the first location; 502, 504 and 506 in Fig. 5).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land modified by the method of connecting drones to a payload of Ivanov and the electrically tuned material able to adjust opacity to achieve a desired light reduction of Jennings to further include the method for determining a location for a UAV carried payload to collect rainwater of Godin. A person of ordinary skill in the art would be motivated to make this modification in order to allow UAV(s) to collect rainwater at a first location for transportation to a second location (Godin ¶ [0020]-[0021]).
Regarding claim 12, the combination of Noura, Ivanov and Jennings fails to particularly disclose wherein the controller is further programmed to instruct the swarm of UAVs to transport collected rainwater to a specified location.
However, Godin, in the same field of endeavor, teaches wherein the controller is further programmed to instruct the swarm of UAVs (Godin ¶ [0030]: the present disclosure will be described encompassing one UAV, however, is contemplated that the system may include multiple UAV's) to transport collected rainwater to a specified location (Godin ¶ [0061]: a UAV 200 may receive a first location for collecting or releasing a selected fluid. For example, the controller 300 may determine a fluid level relative to a pre-determined fluid level for the selected fluid and fly to a location (e.g., a second location different from the first location). In aspects, the controller 300 may prepare the hydro cell 700 to produce electricity, determine if the UAV 200 is charged, and/or if the UAV 200 has enough power to fly to the location, prepare the UAV system 100 for fluid release, and deliver the fluid to the location).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of using flying objects to shade tracts of land modified by the method of connecting drones to a payload of Ivanov, the electrically tuned material able to adjust opacity to achieve a desired light reduction of Jennings, and the method for determining a location for a UAV carried payload to collect rainwater of Godin to further include the determination of a second location for delivering rainwater of Godin. A person of ordinary skill in the art would be motivated to make this modification in order to allow UAV(s) to collect rainwater at a first location for transportation to a second location (Godin ¶ [0020]-[0021]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
US 2022/0291700 discloses a system and method for controlling a swarm of UAVs to form structures using flexible screens supported between UAVs of the swarm (¶ [0051]). Further includes changing the overall structure formed by the UAVs based on environmental conditions (¶ [0038] & [0048]), solar panels mounted on UAVs (¶ [0060]), replacing UAVs in the swarm (¶ [0065]), and forming curved or slanted shapes (¶ [0037]).
IL 278693 discloses a system of drones with mounted shade clothes to provide shade to users. The system includes determining positions and angles for drones to provide shade based on a time of day and a location of the sun.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS P LANGHORNE whose telephone number is (571)272-5670. The examiner can normally be reached M-F 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Antonucci can be reached at (313) 446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.P.L./Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666