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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/23/2025 is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 9, and 14-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12346105 (Jobanputra). Although the claims at issue are not identical, they are not patentably distinct from each other because current claims encompasses elements already claimed in the 105 patent, as discussed below.
With respect to claims 1 the 105 patent claims: A method of operating a tasking service for unmanned aerial vehicles comprising (corresponding to claim 1 “A method of operating a tasking service for unmanned aerial vehicles comprising”):
receiving user input comprising task parameters and service information (corresponding to claim 1 “ receiving, in a user interface of a client application, user input comprising task parameters and service information”, wherein the task parameters comprise a desired state of an unmanned aerial vehicle for performing a task (corresponding to claim 1” wherein the task parameters comprise a desired state of the unmanned aerial vehicles for performing a task”) and wherein the service information comprises an ancillary service for exchanging data associated with performing the task (corresponding to claim 1 “wherein the service information comprises an ancillary service for receiving data generated in association with performing the task);
receiving, via wireless communication between the unmanned aerial vehicle of the unmanned aerial vehicles and one or more Internet access points (corresponding to claim 1 “establishing, by the tasking service, network communication with the unmanned aerial vehicles via wireless connections of the unmanned aerial vehicles to one or more Internet access points”), a present state of the unmanned aerial vehicle (corresponding to claim 1 “continuously receiving state information from the unmanned aerial vehicles over the wireless connections with the unmanned aerial vehicles, wherein the state information identifies a present state of each of the unmanned aerial vehicles”);
evaluating the present state of the unmanned aerial vehicle with respect to the desired state identified in the task parameters (corresponding to claim 1 “storing, by a queueing service of the tasking service, the present states of the unmanned aerial vehicles in a queue for evaluation with respect to the desired state identified in the task parameters”); and
in response to determining that the present state of the unmanned aerial vehicle matches the desired state (corresponding to claim 1 “in response to determining that the present state of the unmanned aerial vehicle matches the desired state”), assigning the task to the unmanned aerial vehicle (corresponding to claim 1 “ assigning the task to the unmanned aerial vehicle”).
With respect to claims 2,14, and 16 the 105 patent claims: wherein determining that the present state of the unmanned aerial vehicle matches the desired state comprises determining that one or more parameters of the present state satisfy corresponding parameters of the desired state (corresponds to claim 1 “storing, by a queueing service of the tasking service, the present states of the unmanned aerial vehicles in a queue for evaluation with respect to the desired state identified in the task parameters; continuously evaluating the present states of the unmanned aerial vehicles in the queue with respect to the desired state identified in the task parameters; determining that a present state of the unmanned aerial vehicle matches the desired state”).
With respect to claim 9 the 105 patent claims: An unmanned aerial vehicle (corresponding to claim 10 “An unmanned aerial vehicle”) comprising:
a flight control system onboard the unmanned aerial vehicle comprising one or more processors (corresponding to claim 10 “a flight control system onboard the unmanned aerial vehicle comprising one or more processors”); and
one or more computer readable storage media having program instructions stored thereon that, when executed by the one or more processors of the flight control system, direct the flight control system (corresponding to claim 10 “one or more computer readable storage media having program instructions stored thereon that, when executed by the one or more processors of the flight control system, direct the flight control system to at least”) to at least:
establish a wireless connection to an Internet access point for network communication with a tasking service (corresponding to claim 10 “establish a wireless connection to an Internet access point for network communication with a tasking service”);
send, via the wireless connection, state information of the unmanned aerial vehicle to the tasking service (corresponding to claim 10 “send, via the wireless connection, state information of the unmanned aerial vehicle to the tasking service”),
wherein the state information pertains to a present state of the unmanned aerial vehicle (corresponding to claim 10 “ wherein the state information pertains to a present state of the unmanned aerial vehicle”),
wherein the tasking service evaluates the present state against a desired state associated with a task (corresponding to claim 10 “ wherein the tasking service evaluates the present state against a desired state associated with a task”),
wherein the tasking service determines that the present state matches the desired state (corresponding to claim 10 “wherein the tasking service determines that the present state matches the desired state”), and
wherein, in response to determining that the present state matches the desired state (corresponding to claim 10 “wherein, in response to determining that the present state matches the desired state), the tasking service assigns the task to the unmanned aerial vehicle (corresponding to claim 10 “the tasking service assigns the task to the unmanned aerial vehicle;”);
receive, via the wireless connection, service information pertaining to the task from the tasking service (corresponding to claim 10 “receive, via the wireless connection, service information pertaining to the task from the tasking service”), wherein service information comprises an ancillary service associated with the task (corresponding to claim 10 “ wherein service information comprises an ancillary service associated with the task”; and
perform the task according to the service information pertaining to the task (corresponding to claim 10 “perform the task according to the service information pertaining to the task”).
With respect to claim 15 the 105 patent claims: One or more computer readable storage media having program instructions stored thereon that, when executed by one or more processors operatively coupled to the one or more computer readable storage media, direct a computing apparatus to at least (corresponding to claim 17 “One or more computer readable storage media having program instructions stored thereon that, when executed by one or more processors operatively coupled to the one or more computer readable storage media, direct a computing apparatus to at least”):
display a user interface for an application for scheduling tasks to be performed by unmanned aerial vehicles (corresponding to claim 17 “display a user interface for an application for scheduling tasks to be performed by unmanned aerial vehicles”);
receive, via the user interface, user input comprising task parameters for a task (corresponding to claim 17 “receive, via the user interface, user input comprising task parameters for a task”),
wherein the task parameters identify a desired state of an unmanned aerial vehicle for performing the task and service information associated with performing the task (corresponding to claim 17 “wherein the task parameters identify a desired state of an unmanned aerial vehicle for performing the task and service information associated with performing the task”),
wherein the service information comprises an ancillary service associated with the task (corresponding to claim 17 “wherein the service information comprises an ancillary service associated with the task”); and
send the task parameters to a tasking service (corresponding to claim 17 “send the task parameters to a tasking service”),
wherein the tasking service assigns the task to an unmanned aerial vehicle based on determining a present state of an unmanned aerial vehicle of the unmanned aerial vehicles matches the desired state (corresponding to claim 17 “wherein the tasking service assigns the task to an unmanned aerial vehicle based on evaluating a present state of one or more of the unmanned aerial vehicles with respect to the desired state identified in the task parameters and determining that the present state matches the desired state”); and
receive data produced by the unmanned aerial vehicle in performing the task (corresponding to claim 17 “ receive data produced by the unmanned aerial vehicle in performing the task”),
wherein the data produced by the unmanned aerial vehicle is transmitted by the unmanned aerial vehicle via a wireless connection of the unmanned aerial vehicle to an Internet access point (corresponding to claim 17 “wherein the data produced by the unmanned aerial vehicle is transmitted by the unmanned aerial vehicle via a wireless connection of the unmanned aerial vehicle to an Internet access point.”).
Allowable Subject Matter
Claims 3-8, 10-13, and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10909859 (Dodd), US 2016/0111006 (Srivastava et al.), WO 2021/046021 (Akbar et al.) US 2021/0065560 (Ali et al.): Teaches using a UAV fleet to satisfy user request.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL F WHALEN whose telephone number is (571)270-7747. The examiner can normally be reached M-F 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Nolan can be reached at (571) 270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL F. WHALEN
Examiner
Art Unit 3661
/M.F.W./Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
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