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 .
DETAILED ACTION
The applicant’s amendments/remarks dated 07/06/2026 has been received, entered, and fully considered. Claims 1, 10, and 19 are amended. Claims 7 and 16 are cancelled. Claims 1-6, 8-15, and 17-20 are currently pending and are under examination.
Double Patenting
In light of the amendments made to independent claims 1, 10, and 19, the previous Double Patenting rejection has been withdrawn.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8, 10-15, 17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Augenstein et al. (US 2016/0155073).
Regarding Claim 1, broadly interpreted, Augenstein discloses a method of providing spacecraft-based services, performed by a terrestrial control system (100, para. [0057], via terrestrial network) , the method comprising (abstract):
receiving a service request comprising a set of services to be performed, each service including one or more requirements associated with spacecraft equipment (para. [0047], “…The event system 108 can collect event requests from other systems. For example, the event system 108 can include a user interface and receive requests from a user. The event system 108 can interface with other systems that aggregate event requests for the objects 102. The event system 108 can receive or produce event requests based at least in part on a set schedule of events, such as routine scheduled maintenance. The event system 108 can produce event requests based at least in part on satisfaction of defined criteria, such as transmitting information when in range of a receiving station. The event system 108 can transmit an event or list of events to the scheduling module 104 at regular intervals, upon request from the control system 100, upon receiving or producing a new event request, or any combination of these. an object in a system can be subject to various constraints that limit the order and/or number of tasks that can be accomplished; imaging satellite can also be subject to cumulative constraints, such as, for example, duplication constraints, temperature considerations, energy requirements, or data storage; an image collection event in an imaging satellite can be constrained by data capacity limitations, power requirements, and/or thermal considerations”);
identifying, from a spacecraft with plurality of payloads (para. [0035], “…Scheduled events can include one or more tasks to be performed, data to be collected, information to be received or transmitted, duration, desired start time, desired end time, desired results, or any combination of these. For example, for an imaging satellite, events can be any task to be performed by the imaging satellite and can generally include, without limitation, imagery collection (e.g., of the target image area 18), imagery downlink (e.g., to the satellite ground communication station 16), and onboard maintenance….” Clearly have plurality of payloads for performing the one or more tasks,), at least a first payload and a second payload based on the one or more requirements (i.e. constraints, 110,112, and requirements for 114, Fig. 2),(para. [0025],”… events which can be scheduled include image acquisition tasks, maintenance tasks, communication tasks, and the like….” Different payloads performing different tasks like image acquisition, maintenance or communication as requested);
assigning a first service of the service request to the first payload for execution and a second service of the service request to the second payload for execution based at least in part on 1) permissions corresponding to a requesting entity associated with the service request each associated with payloads that the requesting entity is allowed to use(i.e. it is considered as constraints of a imaging camera/payload for each request that are permitted), and 2) restrictions that restrict use of payloads in one or more circumstances(i.e. it is considered as constraints of a imaging camera/payload for each request that are denied) (para [0046), [0083)- (0088]- control instructions received from the control system 100, a satellite can adjust its attitude, transfer stored data to a ground station at a designated time based, operate an onboard system in a defined manner based, perform a maintenance routine, acquire an image with an imaging system, or any combination); and
transmitting instructions to control (via 100, Fig. 2) the first payload to execute the first service of the service request and to control the second payload to execute the second service of the service request(satellites, claim 21, para. [0047], abstract. Para. [0005]) to a hub (100/104, Fig. 4) of the spacecraft that is communicatively coupled to the first payload (102, Fig. 2) and the second payload (102, Fig. 2) and that is configured to provide a communicative interface between the terrestrial control system, the first payload, and the second payload (para. [0035], [0045]-[0046], [0057], Fig. 2).
Regarding Claims 2 and 11, Augenstein discloses a method wherein the spacecraft (para. [0035] , Fig. 9) is associated with a plurality of entities (‘…that would be interesting to a number of people’, para. [0122], [0124], Fig. 2).
Regarding Claims 3 and 12, broadly interpreted, Augenstein discloses a method wherein the spacecraft has payloads (para. [0034]-[0035] performing ‘…imagery collection (e.g., of the target image area 18), imagery downlink (e.g., to the satellite ground communication station 16), and onboard maintenance….”) that are associated with a plurality of entities (para. [0122], [0124]).
Regarding Claims 4 and 13, broadly interpreted, Augenstein discloses a method wherein at least one of the first payload (para. [0035], Fig. 2) and the second payload (102 [para. [0035], Fig. 2) is a shared payload owned by an entity associated with the terrestrial control system (para. [0047], [0057] terrestrial network).
Regarding Claims 5, 14, and 20, broadly interpreted, Augenstein discloses a method wherein assigning a service to a payload comprises determining that the requirements included within the service can be met by the payload during a time interval that the payload is available to execute the service (para. [0047] executing task once the availability is determined in scheduling via 104, Fig. 4).
Regarding Claims 6 and 15, broadly interpreted, Augenstein discloses a method wherein the requirements of the service request specify at least one of: a temporal specification, a location specification (para. [0009]), and a weather specification.
Regarding Claims 8 and 17, broadly interpreted, Augenstein discloses a method wherein payloads of the plurality of payloads (para. [0035]) other than the first payload and the second payload are configured to execute different services of different service requests (para. [0042], Fig. 9) while the first payload is executing the first service request and the second payload is executing the second service request (para. [0042]).
Regarding Claim 10, broadly interpreted, Augenstein discloses a terrestrial control system for providing spacecraft-based services, comprising a hardware processor and a non-transitory computer-readable storage medium storing instructions (Claim 27) that, when executed by the hardware processor, cause the terrestrial control system to perform steps (claim 27) comprising:
receiving a service request comprising a set of services to be performed, each service including one or more requirements associated with spacecraft equipment (para. [0047], “…The event system 108 can collect event requests from other systems. For example, the event system 108 can include a user interface and receive requests from a user. The event system 108 can interface with other systems that aggregate event requests for the objects 102. The event system 108 can receive or produce event requests based at least in part on a set schedule of events, such as routine scheduled maintenance. The event system 108 can produce event requests based at least in part on satisfaction of defined criteria, such as transmitting information when in range of a receiving station. The event system 108 can transmit an event or list of events to the scheduling module 104 at regular intervals, upon request from the control system 100, upon receiving or producing a new event request, or any combination of these. an object in a system can be subject to various constraints that limit the order and/or number of tasks that can be accomplished; imaging satellite can also be subject to cumulative constraints, such as, for example, duplication constraints, temperature considerations, energy requirements, or data storage; an image collection event in an imaging satellite can be constrained by data capacity limitations, power requirements, and/or thermal considerations”);
identifying, from a spacecraft with plurality of payloads (para. [0035], “…Scheduled events can include one or more tasks to be performed, data to be collected, information to be received or transmitted, duration, desired start time, desired end time, desired results, or any combination of these. For example, for an imaging satellite, events can be any task to be performed by the imaging satellite and can generally include, without limitation, imagery collection (e.g., of the target image area 18), imagery downlink (e.g., to the satellite ground communication station 16), and onboard maintenance….” Clearly have plurality of payloads for performing the one or more tasks,), at least a first payload and a second payload based on the one or more requirements (i.e. constraints, 110,112, and requirements for 114, Fig. 2),(para. [0025],”… events which can be scheduled include image acquisition tasks, maintenance tasks, communication tasks, and the like….” Different payloads performing different tasks like image acquisition, maintenance or communication as requested);
assigning a first service of the service request to the first payload for execution and a second service of the service request to the second payload for execution based at least in part on 1) permissions corresponding to a requesting entity associated with the service request each associated with payloads that the requesting entity is allowed to use(i.e. it is considered as constraints of a imaging camera/payload for each request that are permitted), and 2) restrictions that restrict use of payloads in one or more circumstances(i.e. it is considered as constraints of a imaging camera/payload for each request that are denied) (para [0046), [0083)- (0088]- control instructions received from the control system 100, a satellite can adjust its attitude, transfer stored data to a ground station at a designated time based, operate an onboard system in a defined manner based, perform a maintenance routine, acquire an image with an imaging system, or any combination); and
transmitting instructions to control (via 100, Fig. 2) the first payload to execute the first service of the service request and to control the second payload to execute the second service of the service request(satellites, claim 21, para. [0047], abstract, para. [0005]) to a hub (100/104, Fig. 4) of the spacecraft that is communicatively coupled to the first payload (102, Fig. 2) and the second payload (102, Fig. 2) and that is configured to provide a communicative interface between the terrestrial control system, the first payload, and the second payload (para. [0035], [0045]-[0046], [0057], Fig. 2).
Regarding Claim 19, broadly interpreted, Augenstein discloses a non-transitory computer-readable storage medium storing executable instructions for providing spacecraft-based services that, when executed by a hardware processor (Claim 27), cause the hardware processor to perform steps comprising:
receiving a service request comprising a set of services to be performed, each service including one or more requirements associated with spacecraft equipment (para. [0047], “…The event system 108 can collect event requests from other systems. For example, the event system 108 can include a user interface and receive requests from a user. The event system 108 can interface with other systems that aggregate event requests for the objects 102. The event system 108 can receive or produce event requests based at least in part on a set schedule of events, such as routine scheduled maintenance. The event system 108 can produce event requests based at least in part on satisfaction of defined criteria, such as transmitting information when in range of a receiving station. The event system 108 can transmit an event or list of events to the scheduling module 104 at regular intervals, upon request from the control system 100, upon receiving or producing a new event request, or any combination of these. an object in a system can be subject to various constraints that limit the order and/or number of tasks that can be accomplished; imaging satellite can also be subject to cumulative constraints, such as, for example, duplication constraints, temperature considerations, energy requirements, or data storage; an image collection event in an imaging satellite can be constrained by data capacity limitations, power requirements, and/or thermal considerations”);
identifying, from a spacecraft with plurality of payloads (para. [0035], “…Scheduled events can include one or more tasks to be performed, data to be collected, information to be received or transmitted, duration, desired start time, desired end time, desired results, or any combination of these. For example, for an imaging satellite, events can be any task to be performed by the imaging satellite and can generally include, without limitation, imagery collection (e.g., of the target image area 18), imagery downlink (e.g., to the satellite ground communication station 16), and onboard maintenance….” Clearly have plurality of payloads for performing the one or more tasks,), at least a first payload and a second payload based on the one or more requirements (i.e. constraints, 110,112, and requirements for 114, Fig. 2),(para. [0025],”… events which can be scheduled include image acquisition tasks, maintenance tasks, communication tasks, and the like….” Different payloads performing different tasks like image acquisition, maintenance or communication as requested);
assigning a first service of the service request to the first payload for execution and a second service of the service request to the second payload for execution based at least in part on 1) permissions corresponding to a requesting entity associated with the service request each associated with payloads that the requesting entity is allowed to use(i.e. it is considered as constraints of a imaging camera/payload for each request that are permitted), and 2) restrictions that restrict use of payloads in one or more circumstances(i.e. it is considered as constraints of a imaging camera/payload for each request that are denied) (para [0046), [0083)- (0088]- control instructions received from the control system 100, a satellite can adjust its attitude, transfer stored data to a ground station at a designated time based, operate an onboard system in a defined manner based, perform a maintenance routine, acquire an image with an imaging system, or any combination); and
transmitting instructions to control (via 100, Fig. 2) the first payload to execute the first service of the service request and to control the second payload to execute the second service of the service request(satellites, claim 21, para. [0047], abstract, para. [0005]) to a hub (100/104, Fig. 4) of the spacecraft that is communicatively coupled to the first payload (102, Fig. 2) and the second payload (102, Fig. 2) and that is configured to provide a communicative interface between the terrestrial control system, the first payload, and the second payload (para. [0035], [0045]-[0046], [0057], Fig. 2).
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) 4 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Augenstein et al. (US 2016/0155073).
Regarding Claims 4 and 13, broadly interpreted, Augenstein discloses the claimed invention except the least one of the first payload and the second payload is a shared payload owned by an entity associated with the terrestrial control system. It would have been an obvious matter of design choice to make the least one of the first payload and the second payload is a shared payload owned by an entity associated with the terrestrial control system, since applicant has not disclosed that making the least one of the first payload and the second payload is a shared payload owned by an entity associated with the terrestrial control system solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the least one of the first payload and the second payload is a shared payload not owned by an entity associated with the terrestrial control system (ownership of the system elements do not have any patentable weight or does not affect how the system functions in any way as claimed).
Claim(s) 9 and 18 is/are rejected under35 U.S.C. 103 as being unpatentable over Augenstein et al. (US 2016/0155073) in view of CA 2180058.
Regarding Claims 9 and 18, broadly interpreted, Augenstein discloses a method of providing spacecraft-based services with assignment of a service to a payload based on available resources of the spacecraft to which the payload is connected and when a satellite is at a desired orbit and location (para. [0047]).
Augenstein do not explicitly disclose, but CA 2180058 teaches a satellite method of providing spacecraft-based services wherein the ephemerides is used to determine spacecraft location (“..the location of the satellite 1 is known by the GW 8 from satellite ephemerides data..’, Fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the satellite service requests disclosed in Augenstein with the ephemerides location determination of satellite taught in CA 2180058 with a reasonable expectation of success because it provides information about the position of the satellite, with respect to time for the service provided.
Response to Arguments
Applicant's arguments filed 07/06/2026 have been fully considered but they are not persuasive.
On page 2 of the Remarks dated 07/06/2026 the applicant argues that Augenstein fails to teaches or suggests the transmission of instructions "to a hub of the spacecraft that is communicatively coupled to the first payload and the second payload and that is configured to provide a communicative interface between the terrestrial control system, the first payload, and the second payload", the examiner respectfully disagrees.
Augenstein discloses a method of providing spacecraft-based services that transmits instructions to control (via 100, Fig. 2) the first payload to execute the first service of the service request and to control the second payload to execute the second service of the service request(satellites, claim 21, para. [0047], abstract, para. [0005]) to a hub (100/104, Fig. 4) of the spacecraft that is communicatively coupled to the first payload (102, Fig. 2) and the second payload (102, Fig. 2) and that is configured to provide a communicative interface between the terrestrial control system, the first payload, and the second payload (para. [0035], [0045]-[0046], “…the user can connect to the control system 100 to provide input and guidance regarding controlling objects 102. In some embodiments, the user interface 120 and/or the user input 122 can communicate with each other and/or with the control system 100 via a network. The network can include a wired, wireless, terrestrial, and/or satellite network …”, [0057], Fig. 2).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSRES H WOLDEMARYAM whose telephone number is (571)272-6607. The examiner can normally be reached Monday-Friday 8AM-5PM.
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Assres H. Woldemaryam
Primary Examiner (Aeronautics and Astronautics)
Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, AU3642
