Part 2 - Jed Margolin

Transcription

Part 2 - Jed Margolin
9
Serial Na.: 08/274,394
2304
Art Unit:
Conclusion
9.
The following references are cited as being of general
interest:
Lewis (4,028,725), Lerche (4,910,674),.Baird et al.
(4,954,837), Fitzpatrick et al. (5,072,396), Ferguson et al.
(5,192,208), Pitts (5,208,590), and Wells et al. (5,334,991).,
10.
All claims are rejected.
11. Any inquiry concerning this communication.or earlier
communications from the examiner should be directed to.examiner
Tan Nguyen, whose telephone number is (703) 305-9755. The
examiner can normally be reached on Monday-Thursday from 7:30
AM-6:00 PM.
If attempts to reach the examiner by telephone are
unsuccessful, the examiner's supervisor,, Kevin J. Teska, can be
reached on (703) 305-9704. The fax phone number for this Group
is (703) 305-9564.
Any inquiry of'a general nature. or relating to the status of
this application,.should be directed to the Group receptionist
whose telephone number is (703) 305-3800.
TAN NGUYEN
November 06, 1994
TO SEPARATE, HOLP TOP AND BOTTOM EDGES, SNAP-APART AND ClI$CARO CARBON
______________
FORM PT0OI2
o -5(3t2cl i(
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
(REV. 2-92)
SERIAL NO.
ROUPARTUNMIT
ATTACHMENT
a.rTO
1
NUMBER
NOTICE OF REFERENCES CITED
'
PAPER
7CJLL
_
APPLICANT(S)
MAPOLUJN
_____________
PATENT DOCUMENTS
_______U.S.
COCMEN
DTESUS.
bCMNNODAENAME
____
_____
N.
CLASS
FILING DATE IF
APPROPRIATE
CLASS
g
06/77 L-FW)e;,
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4410 1 S7 64/&7
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3q-6 q7a
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/4-070S-
A- -
_
_
FOREIGN PATENT DOCUMENTS
DATE
DOCUMENT NO.
.,
CLASS
NAME
COUNTRY
CLASS
SHTS.NPP.
_______DWG
SPEC,.
L
N
0
OTHER REFERENCES- (including Author, Title, Date, Pertinent Pages, Etc.)
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EXAMINERDAT
c V.othsreference
isnot being furnished with this off ice action.
(SeWanalof
Patent.Examining
Poeue Bcin770 a.
Forn P r0 949 (Rev. 10-93)
Form
fODEPARTMENT
948(Rev.
0-93)U.S.
OF COMMERCE - Palenaad Trademark Office
2 7V.3
3tr
Application No.
AplaboN.2
NOTICE OF DRAM'TPEAISON'S PATENT DRAWING REVIEW
P17o Draftiersons; review all otiginally filed drawingp regardleits of whether they are desipnated as formal or informal. Additionally,
patent Vxaminers will review the.drawinps for compliance with the regulaions. Direct telephone inquiries concerning this review to
the Drawing Review Branch, 703-305-8404.
,/C... -am
'The drawings tiled (imnr da)7
LL
A.,. nmtobjected to by the Aftiiirli undbr37 CMR 1.84 or LI 52.
DB4,,.ojcthed to by the Drafthperson under 37CF)t 1.84 or 1.152 a
lVI cteleow. The Examiner will require submlsuion of new, corrected!
drawvingis when neceasary. Corrected drenwlnp$must be submitted
nccording to fte Instructions on the back of this Notice,
I1.DRAWINGS. 37 CFR 1.114(a): Acceptable categories of drawings:
Black ink.
-Not
-Color
Color.
black solid lines& gS(s)drawings an not accptable until petition Isgrated.
2. PHOTOGRAPHS. 37 CF 1.84b)
Pbotogmphs are no acceptable until petition Is granted.
3. GRAPHIC FORMS. 37 CR 1.84(d)
Chemical or mathematical formula not labeled as separate figure.
Fisg)_
Group of waveforms no presented assa single figure, using
common vertecal axis With tinm extending: along horizontal axIs.
Pig(s)_
Individuals waveformn not Identified with aseparate lante
designation adjacnt tothe verical axis. Pg(sL.
4. TYPE OF PAPER. 37 CPU 1.94(e)
Paper not flexible, BUSAn,
white, smooth, norshiny, and domrcble.
sbcet(s)
Eretes, alterafloos, overwritings. intedlimn, cracks, cres,
mnd folds not allowed. Shoet(s)
5. SIZE OP PAPER. 37 CFR 1.84(t): Acceptable papecr size:
21.6 cm, by 35.6 cmn.
(1/2 by 14 Inchs)
21.6 cm. by 33.1 am. (8Slf2 by 13 Inches)
21.6 cut. by 27.9 cm. (a112 by I1IInches)
21.0 cm. by 29.7 cm. O)IN size A4)
All drawIngisheeis noLth eseze Slacet(sL...............
Drawing shee not an acceptable size. Shet(s)
i
6. MARGINS. 37 CPR1.84(j): Acceptablem
r21.6 m.X 3$.6cm.21.6cm X 33.t1 l m.X 27.09m. 2lm. X29.7em.
(Blt2X4oahm) O8I2Xl3indwa) (BVjlikAuie) (DIKSizeA4)
T $.I=cl-(2)
2.5 mind)
2.5Sm. (I')
2.5=.
L .64cm. (1/4-)
.64cm. (1/4)
.64 m.(/4*)
2.5
It .64 cin. (IM-')
.6Mm. (I/4")
.64 m.n
(1/4")
1.5=
D .64 cm. (1/4")
.64 enm.
(194)
.64 M. (1/4*)
1.0cm
Margins do not mifbnn to chart sovw.
Sheet(s)_____________
- Top M1Left (L) -Right (R) -BEoom (0)
7. VIEWS. 37 CFR1.84(h)
REMINDER: Specification may require revision to comespond to
drawing dhangfe.
-All
views not grouped together. PqS(g)_
-Views
comoeetal by pio*idon lines. Fig(s)
-Views
contain centerlns. FI&L-.
Partial views. 37CPR 1.84(h)r-)
Seprat iieitliked edge to edge.
-
-
-
-
g. ARRANGEMENT Of VIEWS. 37 CFR 1.94(l)
-_ View placed upon anotheir view or within ossllIn; of Brother.
PIg(4L_
-_ Words do not appear Inahorizontal. left-tl"tght fashion when
page iseithe upright or turned so this the lop becomes the right
side, except for graphs. Fip(s
...
9. SCALE. 37 CPR 1.84(k)
-_ Scale not lag enough to show mechanism without crowding
when drawing Isreduced Insize to two-thirds; inreproduction.
Pig(s)
-_ Indication such a "actual size!'or "scale Irt'not permittfedL
figl($)-_ Elements of same view not in proportion to each other.
Fig(s)It). CHARACTER OF LINES, NUMBERS, & LETTERS, 37CPR 1.840)
-Lines,
numbers & letters not unilformely thick andl well defined,
cla durable, Bad black (except for color drawinigs).
11,SHjADIN. 37ICPR I.W4(n)
-Shading maed for other thar shape of spherical, cylindrical, ant
conical elements otan obiect, or for flat parts.
Flg(sLSolid black shading arbas not permitted. FIg(s)12. NLmBlERts, uneasS, & RaPERENcE CHARACTERS. 37 CM
1;84(p)
-_ Numbers and reference chiaratclhs not plain and legible. 37CPR
l.84p)(1) Mlg(s)
-_ Numbers and reference charans ed In oonjucdosi with
brackes, Inverted commas, or andmaed within outlines. 37 CFR
1.84(pXD) Fig(s)__Numbers
and reference chasracters not oriented In sm direction as
the view. 37 CPR l.W4.)0) Fig()
_.......
-English
slphabet not used. 37CFR 1.84(p)2
AYfNumbers, letters, and rieference charV4n; do not moesure, at least
r\32cm. (I1 inch
LORg view reatliisilp between dlemu' Paris not clear and
unambiguous. 37 CF I.84@hX2Xli)
"atchig: or regularly
spaced oblique parallel lines not spaceed
sufficiently. Fit($)
ng0 Bourrounding aes or principal
-Hfliching nots Ibnan
41LM8 ais
lines. F11(s)
Cias section not drawn sninta view with parts in coci section
with regularly spamed pamlel oliqueih strokces,
Pig(s)_
Hatching of'Jjuaposed different elements no angled in adiffixent
way, FIg(s)_
Allermile position. 37CMR 1.840h)X4)
-A
sepraite, view required for a moved positioni.
F19(s)
A1TACHMENT
TO PAPER
PAPER NO.
ATTACHMENT TO
lght\"7 Cl~
v
13. LEAD LINIS, 37 CPR 1.84(q)
-Lead
lices cmon eachl other. Flg(.
__Lead lines missing. Pig(s)_
-Lead
lines not asshort as possible, Ags)
14. NUMBERING OFSHERIS OP DRAWINGS. 37 CPR 1.84(t)
-Number
appears In top margin.'Fli(s)
-Number
nOt larger than reference dliscters.
not numbered conectively, And In Arabic numerals,
beginning with number 1; She(L._
-Shts
View and entarged view in labeled wsepraely.
Sectiodlal vlews. 37 CPU J."it10(3)
Hatching not Indicated for sectional pontlons of an objees,
Pig(s)
-
Modified frnes. 37 CPU 1.84(hX5)
-Modified
forms of' construction must be shown in separate viows.
Fis(s)-
5S.NUMUER OP VIEWS. 37CFR 1.84(o)
-_ Views noit nuibared cnsecutively, and! In Arabic numerals,
beginning with number 1. Pig(s)
-_ View cmbers not prxided by the abbreviation ig.
Fig(sSingle view Wfnhabis a view nember Bad ihe abbreviat ion Fig.
Numbers not larger than reference characters.
1718(s
16. CORREC1IONS. 37 CFR 1.84(w)
Corrections not durable ad pesrmnent. Fig(s)_
17. DESIGINDRAWING. 37CFR1.152
Surface shading shown not appropriate. Fig(s)
Solid black shading not used forcolor contmst.
FIg(s)
RE VI..
REVIEWE
DATE...
DATE_11'_7 IZ3K
5thl
PATENT
it"02055.P002
so
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
~
Application of:
Jed Margolin
Serial No.: 08/274,394
Examiner: T. Nguyen
Filed: July 11, 1994
Art Unit: 2304
For:
PILOT AID USING SYNTHETIC
REALITY
SUBMISSION OF FORMAL DRAINSA',
................................
~
Hon. Commissioner of
Patents and Trademarks
Washington, D.C. 20231
C,.
Dear Sir:
*Enclosed herewith for filing Inthe above-identified application are 13 sheets
of formal drawings.
Respectfully submitted,
BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
Date: 6,&-rg
.1995
Keith G. Asl(off
Reg. No. 33,828
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, Califomnia 90025
(408) 720-8598
I hereby oertily that this correspondence Isbeing deposited with the United Stat.; Postal Service as first class
mail with aufficienh postage Inant envelops addressed to the Commissioner of Patents and Trademarks,
Washington, D.C..20231-
an
pamf.ia'19
Date of Deposit
rieA
I Aak.
Name of Person Malling Correspondence
'm AS
Signature
I
Date
6 e13-513 1
F
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Afl'RAVJ
!V
CLASS
MUCLASSiJ
Sheet 1.of 13
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PATENT
002055.P002
5, -K
C-
INTHE UNITED STATES PATENT AND TRADEMARK OFFICE
J
Jfre Application of:
Jed Margolin
Serial No.: 08/274,394
Examiner: T.Nguyen
Fliled: July 11, 1994
Art Unit: 2304
For:
PILOT AID USING SYNTHETIC
REALITY
Commissioner of Patents
and Trademarks
Washington,' D.C. 20231
?
AMENDMENT AND RESPONSE
Dear Sir:
In response to the Office Action-ot November 9, 1994, please enter the
~1
following amendments and consider the following remarks.
JITHElITLE
Please delete the entire tit eand replace It with:
--PILOT AID USING A.SYNTHETIC ENVIRONMENT-INTHE ABSTRACT
Page 36/ines
114,please delete "means for determining" and replace it
with:
--way to determine-090 BA 02/27/95-09274394
090 B4 02/27/95 08274394
1 22
20
76.00 CK
209-00 CK
Onipae,"ie1please
delete "service" and replace It with:
.-Survey-On page) /une
15, please delete "service" and replace it with:
--surveyOn page 11 line 9, please delete "l12em and replace it with:
--12f-Z---
On page 11, line 9, please delete "l13e" and replace It with:
--13f-On page 15, line 10, please delete "104" and replace it with:
--106-On page 181lIne 4, please delete "the the" and replace it with:
--to the--
On page 29, line 2, please delete "service" and replace it with:
--Survey-On page 30, line 16, please delete "ll2e" and replace -itwith:.
-.12f-On page 30, line 17, please delete "l13e" and replace it with:
.-13f--
INTHE CLAIMSa
-r
-
Please amend claims 1 - 13.
I
1.
(Once Amended)
A pilot aid which uses an ircraft's position and attitude
to transform data from a digital data base to prese
a pilot with a synthesized three
rdimensional projected view of the world compris g:.
aposition determining system [means]l t r locating said aircraftfs position in
three dimensions:
digital data base [moans containin polygon] comorising terrin datasgijd
terrain.data representing terrain
land manmade
structures];
an attitude determining syutem [ eans] for determining said aircraft's
orientation In three dimensional space
[a control panel means for allo Ing said pilot to select different operating
features;]
a computer [means for usin said aircraft position data) to access said terrain
dataaccodinand
[manmade structure data from said
digital data base and using said Ircraft orientation data] to transform said terrain
[and manmade structure] data t provide three dimensional projectea'image data
accodingto
sid
operating features selected by said pilot];
a display [means] for d splaying said three dimensional projected Image
data.
2.
(Once Amended) The pilotuai [position determining means] of claim 1,
wherein said position determining syutem [means] comprises a standard system for
receiving and processing data from the global positioning system.
3.
(Once Amended)
The pilot aid [attitude determining means] of claim 1,
wherein said attitude determining system [means] comprises a standard avionics
system.
4.
(Once Amended)
The pilotaid [digital data base] of claim 1, wherein said
digital data base [means] comprises a od rom disc and cd rom drive.
5.
The 1Ltaid [ntrol panel means] of claim 1,furthe
compisig
pneltoa sopegng
ontol
eatres[wherein said
(Once Amended)
conrolpael
ean slecs he uncis
(copn,tol anel
zomeaspemtssi
7.
(Once Amended)
pilo ai
(hchntusespane
aircats)pso and attheitd
said
toitransformodtro ap gita daabsetr amiote witrea sntied tree
img.tlig6radimensional
vige
wzfthoordcopiing:a
proected
a.positioneder
three dimensions;
l
id
[mcheas ooang a
ircraft's
pos n
itondi
a digital data base [means containing polygo gomprls'ngtzrranndatam.sjd
terrain data representing terrain
(and manmade
structures];
an attitude determining syAl am [means]
r,determining said aircraft's
orientation In three dimensional space;
[a control panel means for allowing
ld pilot to select different operating
features;]
a computer [means for using sal aircraft position data] to access said terrain
and [manmade structure data from said
dataaccrdin
tosaidairrafts p
digital data base and using said airc ft orientation data] to transform said terrain
(and manmade structure] data to p vide three dimensional projected Image data
according to said
[operating features selected by said pilot];
(adisplay means for disp ying said three dimensional projected image
data;.]
a mass storage memo for recording said aircraft -position data and said
aircraft's attitude data for all wing [said aircraft's] a'flight of said aircraft over said
J=W
ani to be displayed at a*ater time.
(Once Amended)
The gilot.aid [position determining means] of ciaim,
wherein said position determining systemj (means] comprises a standard system for
receiving and processing data from the global positioning system.
kM(Once Amended)
The piltaid [attitude determining means] of cam
wherein said attitude determining
system.
systems (means] coirprises a standard avionics
<nt(On ce Amended) Thelta
[digital data base] of claim/,wherein said
digital -data base [means] comprises a cd rom and a cd rom drive.
11.
(Once Amended)
The pilotLaid [contr panel means] of claim 7,fu=gbn
r opratng eatres(wherein said
compisig tos
aconrolpanl
control panel means selects the functions
pan, tilt, and zoom].
12. (Once Amended) The pilontaid ontrol panel means] of claim "i [7],
wherein said oeo oeoe^M
setod
rom dta froml aosigt dat bas to prsnt
oy1aya pilt witsa sthesiehe
dimensional projected ine of the
arposoditigo deteminig va
wordopiosai
1 [mas
o fo
poigathree dimensione
aho
digenial atajbased
[man
permits.sa reotopreenig te rB 0fl
mg
locat$-eimnsaidnairr' pro
faruea al
arvsfihcontaiIgooygn
rm
eedmnsoa
n
itiongIn
rvdn
pmrInajn
deatsS
reve previons
manmade.
fan
[a(neAimentttde d terilng aid [mchueans]frdtriigsi
aircraft'spoionadtiue
ce
sp
ensioonalt
todimnthree
t
ore
a head mounted di play [means] worn by said pilot of said aircraft;
[an] a ecn attitude determining ay=ta
eans] for determining the
orientation of said pilot's head In three dimens nal space;
[a control panel means for allowing s d pilot to select different operating
features,]Ins
*Acomputer [means for using sal aircraft position data] to access said terrain
I
dataaccodingto aid ircrft'and
[manmades structure data tram said
digital data base and using said al rraft orientation data and -said pilot head
orientation data] to transform sal terrain [and manmade structure] data to provide
three dimensional projected I go data to said head mounted display according to
said
[retto
operating features
selected by said pilot]./
<259seadd the following new clal;;>
(New).
The pilot aid as described In claim 1 wherein said digital data
base further comprlses structure data, said structure data representing manmade
structures as one or more polygons.
(New)
The pilot aid as described InclaimXwherein said digital data
base further comprises structure data, said structure data representing manmade
structures as one or more polygons.
(New)
The pilot aid as described In cIam>Arwherein said digital data
base further comprises structure data, said structure data rpresenting manmade
structures as one or more polygons.
2
17.
(New)
The pilot aid as described In clai
Is generated from elevation data comprising an a
1 wherein said terrain data
of elevation points, wherein
each said polygon representing said terrain defin
a plane, wherein in a first
region of terrain represented by one or more of
Idpolygons no elevation point
within each said polygon Isbelow said plane of each said polygon by a first
distance or more.
t
18.
~is
(New)
The pilot aid as dleseri ed inclaim 7 wherein said terrain data
generated from elevation data compoisi gan array of elevation points, wherein
each said polygon representing said ter in defines a plane, wherein In a first
region of terrain represented by one or more of said polygons no elevation point
within each said polygon Isbelow sal plane of each said polygon by a first
distance or more.
19.
(New)
The pilot aid s described in claim 13 wherein said terrain is
generated from elevation data
mprising an array of elevation points, wherein
each said polygon representin said terrain defines a plane, wherein in a first
region of terrain represented one or more of said polygons no elevation point
withineach said polygon Is low said plane of each said polygon by a first
distance or more.
20.
(New)
The p ot aid as described In claim 17 wherein In a second
region of said terrain rep esented by one or more of said polygons no elevation
point within sach said p lygon Isbelow said plane of each-paid polygon insaid
second region by a sec nd distance or more, said second distance different from
said first distance.
21.
(New)
The pilot aid as described In ci m 18 wherein in a second
region of said terrain represented by one or more f said polygons no elevation
point within each said polygon Is below said pI e of each said polygon In said
second region by a second distance or mare, aid second distance different from
said first distance.
22.
(New)
The pilot aid as des !bed in claim 19 wherein In a second
region of said terrain represented by a
or more of said polygons no elevation
point within each said polygon Isbelo said plane of each said polygon in said
second region by a second distance r more, said second distance different from
"-'said first distance.
(New)
The pilot aid as described In clairnw1wherein no elevation
point within each said polygon insaid first region is above said plane of said
polygon.
(Now)
The pilot aid as described In claim)J4"wherein no elevation
point within each said polygon in said,first region Isabove said plane of said
polygon.
5.
-X
(New)
The pilot aid as described in claim,14herein no elevation
point within each said polygon In said first region is above said plane of said
polygo n.
,26<
(New)The pilot aid as decie
nclaImMl2
hariln n lvto
point within each said polygon in Bald first region and said second region is above
said plane of said polygon.
(New)
The pilot aid as described In climK9whereln no elevation
point within each said polygon In said first region and said second region is above
said plane of said polygon.
*
(New)
The pilot aid as described In claimXe wherein no elevation
point within each said polygon insaid first region and said second region Is above
Ksaid plane of said polygon.
KY
'2
Amethod for producing a terrain data base comprising terrain
.(New)
data,
d terrain data represented as one or more polygons, said method
comprisin
he steps of:
providin
plurality of elevation points, each of said plurality of elevation
points representin
elevation of a point on a terrain;
defining a polyg
aying one or more vertices defined by one or more of
said elevation points;
examining an adjacent o
f said plurality of elevation points to determine
Ifexpanding said polygon to an expa ed polygon to Include said adjacent one of
said plurality of elevation points causes o or more of said plurality of elevation
points within said expanded polygon to be bel
a plane of said expanded
polygon by a first distance or more; and,
expanding said polygon to Include said adjacent
e of said plurality of
elevation points if none of said elevation points within said e anded polygon is
below said plane by said first distance or more.30. (New)
The method as described in claim 29 wherein said adj ent
one of said plurality of elevation points Isfurther examined to determine If one o
asI~ lurality of elevation points within said expanded polygon Isabove
said plane of1Iended polygon, and'said polygon Isexpanded if none of said
xpanded polygon Isabove said plane of said
elevation points withi
-mare
*expanded polygon and If non
-4
Idelevation points within said expanded
polygon Isbelow said plane by said r pilitance or more.
&xadditional
31.
(New)
The method as describ d in claim 23 wherein one or more
adjacent ones of said plurality
elevation points are examined, and
wherein said polygon Is expandedlto Inc de said one or more additional ones of
said plurality of elevation points which not cause any of said elevation points
within said expanded polygon to be b ow said plane of said expanded polygon by
said first distance or more.
32.
(New)
The method a described in claim 23 wherein one or more
additional adjacent ones of said purality of elevation points are examined, and
wherein said polygon Is expand~ to Include said one or more additional ones of
said plurality of elevation pointsbhich do not cause any of said elevation points
within-said expanded polygon jo be above said plane of said.expanded polygon
and do not cause any of said levation points within said expanded polygon to be
below said plane of said ex. ddpolygon by said first distance or nmore.
33.
(New)
The method as -described In claim 2 rherein said polygon is
stored in said terrain data base after all of said elevation points adjacent to said
* polygon have been examined.
AY
~at(New)
The method as described in cIaimA2ihereIn said polygon is
stored Insaid terrain data base after all of said elevation* points adjacent to said
polygon have been examined.
%)k
V
(New)
The method as described in clalmZ8(wherein additional
polygons are defined, expanded, and added to said terrain database.
)'3 6.
(New)
A method of using an airc ft's position and attitude to
transform data from a digital data base to pre ent a pilot with a synthesized three
dimensional projected view of the world cc prising:
locating said aircraft's position In thr e dimensions;
providing a data base comprising t rain data,*said terrain data representing
terrain as one or more polygons;
determining said aircraft's orienta on Inthree dimensional space;
accessing said terrain data acco Ing to said aircraft's position;
transforming said terrain data to provide three dimensional projected image
data according to said aircraft's orient lion; and,
dis'playing said three dimensio il projected image data.
37.
(New)
The method of laim 36 further comprising selecting one or
more operating features, wherein s idone or more operating features comprise
one or mare features selected fro the group consisting of panning a Viewpoint of
said three dimensional projected I age, tilting a viewpoint of said three
dimensional projected Image, zo ming a viewpoint of said three dimt-osional
projected Image, and presenting a three dimensional projected.image of a route
ahead.
38.
(New)
The method as described in claim 36 herein-said terrain data
base is produced bya method comprising the steps of:
providing a plurality of elevation points, each of said piuraity of elevation
points representing an elevation of a point on a terra
defining a polygon having one or more vertic s defined by one or more of
said elevation points;
examining an adjacent one of said pluralit of elevation points to determine
t
If expanding said polygon to an expanded poly on to Include said adjacent one of
said plurality of elevation points causes one o more of said plurality of elevation
paints within said expanded polygon to be b low a plane of said expanded
polygon by a first distance; and,
expanding said polygon to include aid adjacent one of said plurality of
elevation points If none of said elevation oInts within said expanded polygon is
below said plane by said first distance o more.
39.
(New)
The method as d scribed in claim 38 wherein said adjacent
one of said plurality of elevation point is further examined to determine Ifone or
more-of said plurality of elevation points within said expanded polygon is above
said plane of said expanded polygo , and said polygon is expanded if none of said
elevation points within Maid expan ed polygon Is above said plane o,f said
expanded polygon and if none of aid elevation points within said expanded
polygon Isbelow said plane by sai first distance or more.
In the Office Action of November 9, 1994, a new title was required.
Applicant has supplied herewith a new title which isdescriptive of the Invention to
which the claims are directed. Further, Applicant has made correction to the
abstract as requested. Inaddition, minor Informalities throughout the specification
have been corrected. In this regard, Applicant notes that the originaily filed Figures
contain two Figures labeled 12e, and two Figures labeied 13e. Applicant has
re-labeled the second Figure Ineach case to read 1.2f, and 13f, respectively, on the
corrected formal drawings submitted concurrentiy herewith, and has corrected the
specification accordingly.
Clims 1 - 13 were rejected under 35 U.S:C. § 112, second paragraph, as
being Indefinite for failing to particularly paint out and distinctly claim the subject
matter which Applicant'regards as the Invention. Applicant has amended the
claims, and has provided, below, clarification where requested. Applilcant su bmits
that the amendments, and clarification overcome all 35 U.S.C. § 112, second
paragraph rejections. However, should the Examiner believe any further § 112
issues remain, any further guidance, Including suggested claim language, wouid
be appreciated.
With regard to the phrase "polygon data representing terrain and manmade
structure," Applicant has amended the claims to recite that the data bdse comprises
terrain data, wherein the terrain data represents the terrain as one or more
polygons. Applicant submits that as described throughout the present
specification, the terrain may be represented by a coilection of polygons where, for
example, an eievation data point' may be used as one of th.e.vertices bf the
polygon. With regard to the phrase "different operating features" Applicant has
removed this phrase from the Independent claims. Applicant has amended
claim 5 to recite that the pilot aid of claim 1 further comprises a control panel to
selected one or. more operating features. Further In this regard, Applicant has more
clearly stated, In claim 6, that the functions may Include panning, tilting, and
zooming a viewpoint of the recited three dimensional projected Image. Applicant
submits that the terms "pan," "tilt," and "zoom" are Well known Inthe film, video, and
computer graphics Industries. For example, Inthe present Invention pan may
mean to rotate the observers eyepoint around the yaw axis, tilt may mean to rotate
the observers viewpoint around the pitch axis, and zoom may mean to change the
magnification or change the angular field of view. This allows the pilot to Mlook" at
any portion of the terrain. See, for example, page 15, lines 10 - 18 of the
present specification.
Further, Appilcant has amended the claims to recite thati the computer
accesses the terrain data according to the aircraft's position. Referring to page 12,
lines 19 - 26, and Figures 10a, lOb, Ile, and 11b, the computer uses the
planes position, in one embodiment, by acdessing the data Inblocks, which blocks
are dependent upon the aircraft's position as described. Of course, the present
Invention Isnot limited to this embodiment, and other methods of accessing terrain
data around the aircraft's position may be used. Further, Applicant has amended
the claims to recite that the computer transforms the terrain data according to the
aircraft's orientation as described,. for example, on page 13, lines 1 -4. The.
transformation Is described In detail, on pages 16 -28 of the present application.
Claims 1 -12 were rejected under 35 U.S.C. § 103 as being
unpatentable over Beckwith et al. inview of Behensky at a. or Atari Game
Corporation's Hard Drivin' Brochure, or Atari Game Corporation's Steel Talons
Brochure. The Examiner states that Beckwith et al. discloges a digital system for
producing a real time video display Inperspective of terrain over which an aircraft
Is passing on the basis of compressed digital data stored on a cassette tape. The
data is read by the computer to provide a 3-D perspective on the display. The
Examiner states that Beckwith et aL. does not disclose that the database contain
polygon data representing the terrain. The Examiner states that Behensky et a.
suggests a driving simulator for a video game which Includes the road and other
terrain which are produced by mathematically transforming a three dimensional
polygon database. The Examiner states that the suggestion of Behensky et a. in
at least column 2 would have motivated one of ordinary skill Inthe art to combine
with the system of Beckwith at a&In order to provide a significant reduction of
database storage and a larger geographic area can be stored so it is not necessary
to generate a database of each mission.
Applicant respectfully submits that there Isno teaching or suggestion to
combine the references as suggested by the Examiner and that further, a
combination of the references would require significant modifications not taught in
the references singly or incombination, to arrive at the present invention. Please
note that Beckwith at at, like the present Invention, is concerned with displaying a
representation of actual terrain. There Is nothing therein to suggest using the
compressed data described therein to construct polygons, nor Isthere any teaching
or suggestion to combine the method therein with anything contained ina driving
simulator.
Referring to Behensky at at, note that the polygons described therein are
used to represent a fictional universe. The polygons of Behensky et al. do not
represent real terrain Inany manner, but rather are, Instead, essentially "building
blocks" which may be accessed from the data base to create the fictional scene
through which the driver Isdriving. Although the Examiner states that the
suggestion in column 2 In Behensky ait , wherein the use of a visual scene
comprising polygons is disclosed, would have motivated one of ordinary skill inthe
art to combine with the system of Beckwith at a. in order to provide a significant
reduction of database storage, there is nothing therein to suggest that these
polygons would be useful for representing the terrain of Beckwith tat. That Is,in
Behansky et at., the polygons are disclosed as simply a means to create this
fictional, high resolution scene, and there Isno suggestion that these visual
building blocks be used to represent actual terrain, or how this would be
accomplished.
Furthermore, even ifthe references are combined note that there Is no
teaching or suggestion of how to modify the combination of Behensky at al. and
Beckwlth et a. to arrive at the present invention. Specifically, where, other than
the present Invention, Isthere any teaching of constructing polygons based on an
array of elevation points? Inthis regard, note that the data of Beckwith at at. from
which the perspective view Isobtained, comprises grid points several meters apart.
As such, this data would be of far too low a resolution to be useful inthe system of
Behensky at at. For example, referring to the Hard Drivin' and the Steel Talons
Brochure, note that such fine details as moad markings, signs, etc. are present.
These type of details have no use Inthe system of Beckwith at al. In
Beckwith et at. actual terrain data must be used, and a low resolution perspective
view as is provided in Beckwith at at is all that Isneeded for the purposes of
Beckwith at at. Note that although Beckwith at at. were aware of flight simulation
techniques, (column 2, lines 24 - 49) they considered the perspective
techniques described therein as being desirable to create a realisticthree
dimensional view. Thus, Beckwith satl teaches away from the present Invention.
Absent the teachings of the present Invention, there is nothing In
Bickwith at al. or Behensky at at. that would motivate one of skill Inthe art to
modify the combination of Beckwith et al. with Behensky at at., since the
compressed data of Beckwith at at. appears to be satisfactory for the purposes
described therein. For example, note that the Examiner states that Beckwith at at.
may use these polygons so that it is not necessary to generate a data base of each~
mission. However, while a game based on a fictional universe may use a library of
polygons to create a display-of scenes inthat universe, the Invention of
Beckwith et al. must create a perspective view based on the data for the actual
terrain. Clearly, there Isno teaching Ineither reference as to how actual terrain
would be represented by polygons. Additionally, absent the present invention,
there exists no motivation to do so. The only such teaching and motivation comes
from the present. Invention.
Claim 13 was rejected under 35 U.S.C..§ 103 -as being unpatentabie over
Beckwith et at. and Behensky at aL, as applied to claims 1 - 12, and further in
view of the sates brochure from the Poihemus company. Applicant submits, for the
above-described reasons, that the claims are unobvious over the combination of
Beckwith et at. and Behensky et at Furthermore, note the brochure of Poihemus
makes no mention of Its use Inthe claimed combination, nor does the combination
of references teach or suggest that the head mounted display of Polhemus would
be useful therein. Thus, Applicant submits that claim 13 isfurther unobvious over
the prior art of record.
Applicant has added new claims 14 - 39. Claims 14 - 16 claim that the
data base of claims 1, 7, and 13 further comprises structure data. Claims 17 -19
claim-that each of the polygons defines a plane, wherein no elevation point within a
first region represented by the polygons Isbelow the plane of each polygon by a
first distance or more. Inthis way, it can be ensured that*the terrain represented by
a polygon Issufficiently flat for accurate representation as described generally on
pages 29 - 30 of the present specification. Applicant submits that this feature is
nowhere taught or suggested in the prior art of record. C!igimi 20- -22claim that
no elevation point within a second region of terrain represented by one or more
polygons Isbelow the plane of the polygons in the second region by a different
distance. In thls'way, some regions such as those surrounding airports, may be
represented wi'th greater accuracy, again as described on pages 29 - 30.
Claims 23 -28 claim that no elevation point within an expanded polygon is above
the piano of the region. Applicant submits that the pilot aid as described Inthe
above-described claims Isfurther unobvious over the prior art of record.
Claims 29 - 35 claim a method of generating the database using elevation
points. Applicant submits the claimed method Is nowhere taught or suggested
anywhere In the prior art of record. Applicant has added claims 38 - 37 which
claim a method of presenting a pilot with a synthesized three dimensional
projected view of the world. For the measons discussed In relation to claims 1 - 12,
Applicant submits the claimed method is unobvious over the prior art of record.
Further, Applicant has added dependent claims 38 - 39 which claim the nmethod
of generating the polygons. For the reasons discussed in relation to
claims 29 - 35, Applicant submits that these claims are turther.unobvious over the
prior art of record.
For the foregoing reasons, Applicant submits that all objections and
rejections have been overcome. Applicant submits that all pending claims are In
condition for allowance and allowance of the same Is respectfully requested.
Respectfully submitted,
BLAKELY, SOKOLOFF, TAYLOR &ZAFMAN
Date:
IL
... I1995
/
q_____Ap_______
Keith G. Askff
Reg. No. 33,828
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, California 90025
(408) 720-8598
I hereby certify that this correspondence Isbeing deposited with the United States Postal Service as first class
mall with sufficieat postage In an envelope addressed to the Commissioner of Patents and Trademarks,
Washington, D.C. 20231
on
Februava199M
DateSo Deposit
Name of Person Mailing Correspondence
t -COA
>
Signature
1
0q4
s-
Date
orney's Docket No.:025.P2
V,
INTHE UNITED STATES-PATENT AND TRADEMARK OFFICE
In Re Application of;:
)
)
Jed Margolin
Serial No.: 08/274,394
Examiner: T. Nguyen
Group Art Unit: 2304
Filed: July 11, 1994)
For;
PILOT AID USING SYNTHETIC
REALITY
)
ku)
.
5
0
Commissioner of
Patents and Trademarks
Washington, D.C. 20231
POWER OF ATTORNEY AND
REVOCATION OF PREVIOUS POWERS
Pursuant to 37 C.F.R. § 1.36, the undersigned sole inventor hereby
revokes all powers of attorney previously given and appoints
Keith G. Askoff, Reg. No. 33,828; Aloysius T. C. AuYeung, Peg. No. 35,432;
Bradley J. Bereznak, Reog. No. 33,474; Michael A. Bernadicou, Reg. No.
35,934; Roger W. Blakely, Jr., flog. No. 25,831; Timothy R. Croll, Reg. -No.
36,771; Daniel M. Do Vos, Reog. 37,813; Scot A. Griffin, Reg. No. 38,167;
Stephen D. Gross, flog. No. 31,020: David R. Halvorson, Peg. No. 33,395;
Michael D. Hartogs, flog. No. 36,547; Brian Don Hickman, Reg. No. 35,894;
George W Hoover 11, flog. No. 32,992; Paul H. Horstmann, flog. No. 36,167;
Eric S. Hyman, flog. No. 30,139; Dag H. Johansen, Reg No. 36,172;
Stephen L. King, flog. No. 19,180; Joseph T. Lin, Reog. No. 38,225; Michael
J. Malieo, Reg. No. 36,591; James D. McFarland, flog. No. 32,544; Anthony
C. Murabito, flog. No. 35,295; Kimberley G. Nobles, flog. No. 35,255; Ronald
W. Rleagin, Reg. No. 20,340; James H.Sabter, Peg. No. 35,668; Robert A.
Saltzberg, flog. No. 36,910; James C. Scheller, Reog. No. 31,195; Edward
W. Scott, IV,flog. No. 36,000; Maria McCormack Sobrino, flog. No. 31,639;
Stanley W. Sokoloff, flog. No. 25,128; Allan T. Sponseller, flog. No. 38,318;
John C. Stattler, flog. No. 36,285; Edwin H. Taylor, flog. No. 25,1-29; Lester
J. Vincent, flog. No. 31,480; Ben J. Yorks, flog. No. 33,609: and Norman
Zafman, flog. No. 26,250; my attorneys; and William Donald Davis, flog. No.
38,428; Thomas X. Li, flog. No. 37,079; and Edwin A. Sloane, Peg. No.
34,728; my patent agents; of BLAKELY, SOKOLOFF, TAYLOR &ZAFMAN,
with offices located at 12400 Wilshire Boulevard, 7th Floor, Los Angeles,
California 90025, telephone (310) 207-3800, with full power of su 'bstitution
and revocation, to prosecute this applicatlon and -to transact all business in
the Patent and Trademark Office connected herewith.
Send all future correspondence to
flog. No.
.33,828&..,
Keith G. Askoff
Blakely, Sokoloff, Taylor, &Zafman, 12400 Wilshire
Boulevard, Seventh Floor, Los Angeles, California 90025, and direct- all
telephone calls to the same at (408) 720-8598.
(UJVIcak 11.128/94)
Sole Inventor of Interest: Jed M&Myolln
(Type or Print)
Dated:2S
Name:
Jed Marmolin
(Type or Print)
Address of Sole Inventor of Interest:
~3570 Pleasant Echo
San doAs- CA 951 48
Respectfully submitted,
BLAKELY, SOKOLOFF, TAYLOR &ZAFMAN
Dated:
0
2
IL
Name:
Reg. No.:
12400 Wilshire Blvd.
Seventh Floor
Los Angeles, California 90025-1026
(408) 720-8598
Kefth G.Askoff
(Type)
M-M82
11400by
OrMt. jilwt. h, wQnu*ndwia ji. boqs
eeiid e -bi wisf -psit UYIwuas
first tinss mal1 J.&aI 't"
lositad.
FAG
of"W0
wMor11".i
JwkfntCtM
S
U Inret
lication of.
Attorney Docket No. 002055JW02
QW27a4-0a
FNing Date:
Inventors:
Tlde:
7/11U±94
WY
led Margolin
PILOT AID USING SYNTHETIC REALITY
THE HONORABLE COMMISSIONER
OF PATENTS AND TRADEMARKS
*~
Washington, D.C. 20231
Sir: Transmitted herewith is an
Ampndmpnt
in the o6indedapplication:
Small entity sttus of ths Application under 37 CFR 1.9 and 1.27 has been established by averified
statement previously submitted.
A verified statement to establish small entity status under 37 CFR 1.9 and 1.27 is enclosed.
No additional fee isrequired.
The fee has been calculated as shown below:
(Cot. 1)
-
(Col. 2)
(Cot. 3)
Small Entity
Other than a Small EntUt
,
Totaimlaslo
Cols
39
minus
20
19
X$11.00=
$209.00
x $22.00-
$0.00
Claims:
5
minus
3
2
x $38.00-
$76.00
x $76.00-
$0.00
+ $120.00
30,00
+1240.00
oa
$0.00
Firstrementationofmultiple dependentdcaim(s)
**If the difference in Coil islon thn zoro. enter "0vin
TOWa
Cal. 3
Additional:
JXX.
A check inthe amount of .. R.22.L5L00
250
Additional:$.0
isattached fbr presentation of additional claim(s).
Applicant hereby Petitions for an Extension of Time of
month(s), pursuant to Rule 1.136(a).
A check in the amount of.____
is attached for processing fees under 37 CFR 1.17.
Please charge my Deposit Account No. 02-2666 the amount of
thi, sheet is enclosed.
.XXX
-_____.
A duplicate copy of
TUe Commissioner ishereby authori4ed to cbarge payment of the following fees associated
with this communication or credit any overpayrrAtrto Deposit Account 02-2666.
.XX2L Any addltional filing fees required under 37 CFR 1.16 for presentation of extra claims.
XXX. Any extension of petition fees under 37 CFR 1.17.
Respectfully submitted,
9LAEy, SoKcoLon, TAYLoR &ZAmmAN
Dale:
Keith G3. Askoff
Reg. No. 33,828
12400 Wilshire Blvd., 7th Floor
Los
Angilles, .California 90025
(408) 720-8598
I harsb3i certify that this correpondenceis being deposited with the
United State Postal Service as Fat Class mall, insa envelope addressed
to: Commissioner of Patents &Trademarks, Washington, D.C. 20231 on:
F*hruarwv *
SCCcA
Carolyn C. Calres
199q
G7, -oI CDate
67'Z74-1 3 1
V NITED ITAt1111 DEPARTMENIT OP COMMERCE
Pawen and Trademark Offce
DAdhlngsn
*ISERIAL NUMBER.jI
FIUING DATE
08/274,394
D.C.1NE
OF0PTENT ATREMOKTNO
Adaes:hOMinSIonER.CO202A1hSADTAEM
FIRST NAMED INVENTO
'A
IHTONY5'
MARGOLIN
07/11/94
EXAMINER
B3141/0509
ART UNIT
JED MARGOLIN
PAPER NUMB0ER1
3570 PLEASANT ECHO DRIVE
SAN JOSE CA
95148-19164
DATE MAligh
05/09/95
This Isa communicationifrom the examiner Incharge of your aWplIcation.
COMMISSIONER OF PATENTS AND TRADEMARKS
Thmis application haa been examined
Ashorened sthlype dfor
Responsive to communicallon file on..fI&
epon
e,to this aciois
fr
Z
hIa action Ismade final.
month(),~~aermhdtotts.tr
S
toexpre
Failure to respord within the Weod.for response will cause the application to become abandoned. 35 U.S.C. 133
Partil THE FOLILOWING ATTACNMENT[S) ARE PART OF THI$ ACTION:.
I Notice of References CIted by Examiner, PT;o-eez
3.a.
Li Notice of Arl Cfted.by Applicant. PT0-1 449,
5.
0
Part il
2.
4.;
Information on How to Effect Drawing Change., PTO-1474
0 Notice of Draftsman
013
.
Patent Drawing Review, PT0-945.
Notice of Informal Patent Application, PTO-1 52.
_______________
SUMMARY OP ACTION*
1. d ams
1 3are
Of the above, claims
pendinginfthidapplIcatlon,
*~~3 O.are
withdrawn from consideration.
2. 0 claims
have bow cancelled.
3.O: Claims
are allowed.
4.V
aIWme
5.0
alms
.0
claims
e-1n ej
31
3
arereected.
are objeced to.
wf6 subject to reselftilon or election requirement.
7.0 ThIs application has been tiled with Informal drawings wider 37 C.F.R. 1.85 which are acceptale for examination purposes.
8.5 Formal draWngs are required Inresponse to this Office action.
9.0 The comrected or substitute drawsingslhave been received on
Under 37 C.F.R. 1.84 these drawings
are f3acepta&W; 03 not acceptable (see explanation or Notice of Drathaman's Patent Drawing Review, PTO-940).
11.0 The proposed additional or substitute, sheetgs) of drawings. fied on
exarmaner:
11.0 The proposed drawing correction, fled
.has
12.D Acknowledgement ismade of the clim for pmo*it under as
[3ba ie
(have) been 0 approved by the
_______.has
03 disapproved! bythe aannr.i[se explanallpn).
nparent application,
aerial no.
-.
been
03 approved; 03 dIawproved (see
explanation).
U.S.C. ii9. The certified copy has 0 been received 0 not been received
;flied.on
_________
I&O Since ot application apppeuusto be IncondIdion for uftom except for formhl mate, proeecution as to the meri s dosed In
accordance with t practice under Ex parts Quayle, 1935C.D. 11;:4530.. 213.
14.0 Other
EXAMINER'S ACTION
11TOWUSI (Rev. 2W013)
Serial No.: 08/274,394
Art Unit:
2304
Part III
2
DETAILED ACTION
No0tice-to Applicants
1. This office action is responsive to the amendment filed on
February 13, 1995
amended.
.
-As per.request, claims 1-13 have-been
Claims 14-39 have been added.
Thus, claims 1-39 are
pending.
2.
New title has been entered.
E.lectlon/Restriction
3.
Newly submitted claims 29-30 are directed to an inventlion
that is independent or distinct from the invention originally
claimed for the following reason:
Newly added claims 29 and 30 are directed to a method for
producing a terrain data based comprising terrain data and said
terrain data represented as one or more polygons.
HoWever, the
original set of claims are directed to a pilot aid which uses an
aircraft's position and attitude to transform data from a digital
based to present a pilot with a synthesized three dimensional
projected view of the world.
Since applicant has received an action on the merits for the
originally presented invention, this invention has been
constructively elected by original presentation for prosecution
Serial No.: 08/274,394
Art Unit:
2304
on the merits.
3
Accordingly, claims 29-30 are withdrawn from
consideration as being directed to a non-elected invention.
See
37 C.F.R. 5 1.142(b) and M.P.E.P. 5 821.03.
Claim Rejections
4.
-
35 USC S 122
Claim 1-28 and 31-39 are rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to particularly
point out and distinctly claim the subject matter which applicant
regards as tbe invention.
4.1.
As per claim 1 (as exemplary of claims 1, 7 and
13), line 7, the phrase "one or more" is vague and indefinite.
The word "and" should be added after the phrase "to said
aircraft's orientation" on line 17.
4.2.
As per claim 5 (as exemplary of claims 5 and 11),
line 2, the phrase "one or more operating features" is unclear
since they are not defined propeil.y.
4.3.
37),
As per claim 6 (as exemplary of claims 6, 12 and
the phrases "said one or more operating features" and "the
group" on lies 2-and 3, respectively, have no antecedent basis.
4.4.
As per newly added claim 17 (as exemplary of
claims 17-19), the instant passage on lines 3-6 is untlear as to
what the first region of-terrain represented.
requested.
Verification is
Furthermore, the phrases "one or more" and "distance
Serial No.: 08/274,394
2304
Art Unit:
4
or more" on lines 5 and 6, respectively, are vague and
indefinite.
4.5.
As per newly added claim 20 (as exemplary of
claims 20-22), similar to the above, it is unclear as to what the
second region represented.
Moreover, the phrases "one or more"
and "distance or more" on lines 2 and 4, respectively, are vague
and indefinite.
4.6.
As per newly added claims 23 and 26 (as exemplary
of claims 23-28), it is unclear as to what the no elevation point
means.
Clarification is requested.
4.7.
As per newly added claim 36, the comma at the end
of line 10 should be deleted.
4.8.
As per newly added claim 38, lines 5-6, the phrase
"one or more vertices defined by one or more of said elevation
points" is vague and indefinite.
Furthermore, the instant
passage on lines 7-14 is unclear as to how to examining an
adjacent one of the plurality and how to expanding the polygon to
include the adjacent one of the plurality of elevatioir points.
Verification is requested.
Moreover (as exemplary of claims 36
and 39), the phrases "one or morg" and "distance or more" on
lines 9 and 14, respectively, are vague and indefinite.
4.9.
The remaining claims, not specifically-mentioned,
are rejected for incorporating the defects from their respective
parent by dependency.
Serial No.: 0e/274,394
Art Unit:
2304
5.
5
The following rejections are based on the examiner's best
interpretation of the claims in light of the 35
U.S.C. 112 errors
noted above.
Claim Rejections
-
35 USC 5 103
6. The following is a quotation of 35 U.S.C. 5 103 which forms'
the basis for all obviousness rejections set forth in this Office
action:
A patent may not be obtained though the invention is not
identically disclosed or described as set forth in
section 102 of this title, if the differences between the
subject matter sought to be patented and the prior art are
such that the subject matter as a whole would have been
obvious at the time the invention was made to a person
having ordinary skill ifi-the art to which 'said subject
matter pertains. Patentability shall not be negatived by
the manner in which the invention was made.
Subject matter developed by another person, which qualifies
as prior art only under subsection (f) or -(g) of section 102
of this title, shall not preclude patentability under this
section where the subject matter and the claimed invention
were, at the time the invention was made, owned.by the same
person or subject to an obligation of assignment to the same
person.
7.
Claims 1-12 are rejected under 35 U.S.C. S 103'as being
unpatentable over Beckwith et al (4,660,157) in view of B.ehensky
et al.
(5,005,148) or a brochure from,Atari Game Corp. (Hard
Driving') or a brochure from Atari Game
7.1.
Coip. (Steel Talons).
With respect to claims 1, 5-7, 11-12>- 14 and 36-
37, Beckwith et al. discloses a digital syst-em for producing a
real time video display in perspective of terrain over which.an
aircraft is passing on the basis of compressed digital data
stored on a cassette tape (see at least an abstract)
.
Beckwith
Serial No.: 08/274,394
Art Unit:
2304
6
et al. discloses that the system includes a position determining
means for locating the aircraft's position in three dimensions
and an attitude determining means for determining the aircraft's
orientation in three dimensional space (see at least figure 1 and
columns 5 and 6).
Beckwith et at. further discloses that the
system includes a digital data base means for storing a
compressed terrain data (see at least the abstract)
.
Beckwith et
al. also discloses a computer means for reading compressed
terrain data from the digital data base means in a controlled
manner based on the instantaneous geographical of the aircraft as
provided by the aircraft navigation computer system,
reconstructing the compressed data by suitable processing and
writing the reconstructed data-into a scene memory, and then
providing a 3D perspective on the display (see at least columns 2
and 3).
Beckwith et al. does not explicitly disclose that a digital
data base means containing polygon data representing terrain and
manmade structures.
However, Behensky et al. suggesti- a driving
simulator for a video game which includes the road and other
terrain are produced by mathematically transforming a threedimensional polygon data base (see at least column 2, lines 3338)
.The
suggestion of Behensky et al.. in at least column 2
would have motivated one of ordinary skill in the art to combine
with the system of Beckwith et al.. in order to provide a
significant reduction of data base storage and a larger
7
Serial No.: 08/274,394
2304
Art Unit:
geographic areas can be stored so that it is not necessary to
generate a data base of each mission.
Similarly, the digital
data base means containing polygon data representing terrain and
manmade structures is.also taught in a brochure from Atari Game
Corp. (Hard Driving') or a brochure from Atari Game Corp. (Steel
Talons)
.
Thus, because of the motivation set forth above, it
would have been obvious to a person of ordinary skill in the art
at the time the invention was made to combine the teachings of
Behensky et al.. or the brochure from Atari Game Corp. (Hard
Driving') or the brochure from Atari G~ame Corp. (Steel Talons)
with the system of Beckwith et al.
7.2.
With respect to claims 2-3 and 8-9, Beckwith et
al.. discloses the claimed invention as discussed above but does
not explicitly discloses that the position determining means
comprises a standard system for retrieving and processing data
from the global positioning system and the attitude determining
means comprises a standard avionics systems.
However, the use of
the''standard system for retrieving and processing data'from
global positioning system and the standard avionics systems are
well known effective and efficient means for determining the
position and the orientation of the aircraft.
For examples, the
Maher patent (4,485,383) shows a receiver for_receiving global.
positioning system and the
Timothy patent shows a method for
determining the orientation of a moving object form a single GPS
receiver and producing roll, pitch, and yaw information.
It
Serial No.: 08/274,394
2304
Art Unit:
8
would have been obvious to one of ordinary skill in the art at
the time of the invention to utilize the global positioning
system and the standard avionics system in such. a system as
taught through Beckwith et al. because it would produce high
degree of accuracy in determining the position and orientation of
the aircraft including roll, pitch, and yaw information.
7.3.
With respect to claims 4 and 10, Beckwith et al.
does not specifically disclose that the digital data base means.
comprises a CD rom disc and CD rom drive.
However, the use of CD
romn disc and CD rom drive for storing data.is well known
effective and efficient means for storing any data.
It would
have been obvious to one of ordinary skill in the art at the time
of the invention to'*utilize CD rom disc and CD rom drive in such
a system as taught through Beckwith et al. because.it would
permit high degree of accuracy in the storing and restoring data,
random access to the data'so that the requirements for cache
storage are reduced.
8.
Claim-13 is rejected under 35 U.S.C. § 103 as being
unpatentable over Beckwith et al and Behensky et al. as applied
to claims 1-12 above, and further in view of the sales brochure
from the Polhemus company.
Beckwith et al. and Behensk4 et al. disclose the claimed
invention except for a head mounted display means worn by the
pilot and an attitude determining means for determining the
Serial No.: 08/274,394
2304
Art Unit:
9
orientation of the pilot's head in three dimensional space.
However, the sales brochure from the Polhemus company suggests
the commercial available of a position.and orientation sensor
which can be used on a head-mounted display.
The suggestion of
the Poihemus company would have motivated one of ordinary skill
in the art to combine the teaching of Polhemus company with the
system of Beckwith et al. in order to allow the pilot to have a
complete range of motion to receive a synthesized. view of the
world, a complete unhindered by the aircraft structure.
Thus,
because of the motivation set forth above, it would have been
obvious to a person of ordinary skill in the art at the time the
invention was made to combine the teachings in Polhemus's
brochure and Beckwith et al. patent.
9.
In view of the indefinite state(s) of the claimed invention,
no prior art has been applied against the claims 17-28, 31-35 and.
38-39.
However, applicants are requested to consider the cited
references below fully when responding to the office action.
10.
All claims are rejected.
11., The following references are cited as being of general
interest: Sullivan et al.. (4,213,252), Heartz (4,715,005), Dawson
et al. (5,179,638) and Nack et al. (5,317,689).
Serial No.: 08/274,394
Art Unit:
2304
10
Remarks
12.
Applicant's arguments filed on February 13, 1995 have been
fully considered but they are not deemed to be persuasive..
13.
On pa ge 16, second paragraph, the applicants argue that
claims 1-12 are patentable over Beckwith et al. and Behensky et
al. because there is no teaching or suggestion t6 combine the
references.
It is not necessary that the references actually
suggest, expressly or in so many words, the changes or
improvements that applicant has made.
The test for combining
references is what the references as a whole would have suggested
to one of ordinary skill in the art.
In re Shecler, 168 USPQ 716
(CCPA 1971) ; In re McLaughlin, 170 USPQ 209 (CCPA 1971); In-re
Young, 159 USPQ 725 (CCPA 1986).
The Examiner recognizes that references cannot be
arbitrarily combined and that there must be some logical'reason
why one skill in the art would be motivated to make the proposed
combination of references.
In re Regel 188 USPQ 136 (CCPA 1975).
However, there is no requirement that the motivation to make the
combination be expressly articulated in one or more of the
references; the teaching,.suggestion or inference can be found
not only in the references but also from knowledge generally
available to one of ordinary skill in the art.
Delta Resins 227 USPQ 657 (CAFC 1985)
.
Ashland oil v.
The test for combining
Serial No.: 0-8/274,394
2304
Art Unit:
11
references is what the combination of disclosures. taken as a
whole would suggest to one of ordinary skill in the art.
In
McLaughlin 170 USPQ 209 (CCPA 1971); In re Rosselet 146 USPQ 183
(CCPA 196).
References are evaluated by what they collectively
suggest to one versed in the art, rather than by their specific
disclosures.
In Re Simon, 174 USPQ 114 (CCPA 1972); In Re
Richman 165 USPQ 509, 514 (CCPA 1970).
14.
On page 16, third paragraph, the applicants argue that-the
polygon of Behensky et al. do not represent real terrain in any
manner, but rather are, instead,'essentially "building blocks"
which may be accessed from the data base to create the fictional
scene through which the drive is driving.
found in the claims.
This limitation is not
The- only recitation is that "data base
comprising terrain data, said terrain data representing as one or
more polygons".
Therefore, the building blocks as taught in
Behensky et al. still are considered as the terrain data.
Therefore, the rejection under 35 U.S.C. § 103 is considered to
be proper.
In addition, the digital data base which comprises terrain
data representing as at least one of polygons is well known in
the art at the time the invention was made (see at least U.S.
patent number 5,192,208 issued to Ferguson et al.', for example).
Serial No.: 08/274,394
Art Unit:' 2304
15.
12
On page 17, second paragraph, the applicants argue that
there is no teaching of constructing polygon based on an'array of
elevation points.
This limitatiQn is not found in the claims.
Claimed subject matter not the specification, is the measure of
invention.
Disclosure contained in the specification can not be
read into the'claims for the purpose of avoiding the prior art.
In re Sporck, 55 CCPA 743, 366 F.2d 924f 155 USPQ 687 (1986); In
re Self, 213 USPQ 1,5 (CCPA 1.982); In re Priest, 199 USPQ 11,15
(CCPA 1978).
16.
Applicant's amendment necessitated the new grounds of
rejection.
§ 706.07(a).
Accordingly,
THIS ACTION IS MdADE FINAL.
See M.P.E.P.
Applicant is reminded of the extension of time
policy as set forth in 37 C.F.R. S1.136(a).
A SHORTENED STATUTORY'PERIOD FOR RESPONSE TO THIS FINAL
ACTION IS SET TO EXPIRE THREE MONTHS FROM THE DATE OF THIS
ACTION. IN THE EVENT A FIRST RESPONSE 1$ 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 EXTENSION FEE
PURSUANT To 37 C.F.R. § 1.136(a) WILL BE CALCULATED FROM THE
MAILING DATE OF THE ADVISORY ACTION. IN NO EVENT WILL THE
STATUTORY PERIOD FOR RESPONSE EXPIRE LATER THAN SIX MONTHS FROM
THE DATE OF THIS FINAL ACTION.
17. Any inquiry concerning this communication or earlier
communications from the examiner should be directed to examiner
Tan Nguyen, whose telephone number is (703) 305-9755. The
examiner can normally be reached on Monday-Thursday from 7:30
AM -6:00 PM.
Serial No.: 08/274,394
2304
Art Unit:
13
If attempts to reach the examiner by telephone are
unsuccessful, the examiner's supervisor, Kevin J. Teska, can be
reached on (703) 305-9704. The fax phone number for this Group
is (703) 305-9564.
Any inquiry of a general nature or relating to the,status of
this application should be.directed to the Group receptionist
whose telephone number is (703) 305-3800.
TAN NGUYEN
May 04, 1995
.TO.SEPARATE. HOLD TOP AND BOTTOM EDGES, SNAP-APARItANO !?MCARD CARBON
-.
0S
FORM PT04892
U.S DEPARTMENT-OF COMMERCE
0
a
SERIAL NO.
TTCHEN
fROQPARTUNT
fl2)I
AND TRADEMARK OFFICE
(RV.2-l)PATENT
TO
PAPER
NUMBER
NOTICE OF REFERENCESCITED
APPLICANT(Sj.
_______U.S.
DOCUMENT NO.
DATE
NAME
23.07/96
*_A4z
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(024
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D.
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PATENT DOCUMENTS
&UILLVVap
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_____
CLASS
SUBCLASS
FILINC DATE IF
APPROPRIATE
T~AL
?+
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_
___
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FOREIGN PATENT DOCUMENTS
*
DOCUMENT NO.
DATE
---
---
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CCUTYNMECAS
COUTRYNAM
CLSS
SB
CLASS
_______OWG
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01
OTHER REFERENCES (including Author, Title, Date, Pertinent-Pages; Etc.1
T
ofthis-reference Isnot being furnished with this office action:
(See Manual of Patent Examining Procedureisection 707;05 (a).)
PERTINENT
SH-TS. 1PP.
SPEC.I
621L 74-1 0-9Zf
..00 V%L
UNITED S4tse DEPARTMEpNr OF COMMERCE
Patent amTdmark Office.at
MAddrss COMLMUINER OF PATENTS AND TRADEMARK
Washington, D.C. 20231
SERIAL NUMBER
FILIN DATE
08/274v394
FIRST NAMED APPLICANT
07/11/94
ATTORNEY DOCKETT NO.
MARGOLINJ
NGUYEN,*T EXAMINER
JED MARGOLINB3100
3570 PLEASANT ECHo.DRIVE
SANl JOSE CA 95148-1916
ART uNrr
PAPER NME
7
2304
DATE MAILED:
EXAMINER INTERVIEW SUMMARY RECORD
07/07/95
All parlicipa (applicant, applicarit representative. PTO perscinel);
K a# 6. A*rr-of
(27AA/ Atef I11
(I)
Type: X%01013honlo
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tow
(3)
(4)
0 Personal (copy Isghren to E3 appllcow
ndinonraatn conducted.- 0 Yes
apansrpseittv)
Na. Ifyes, brief description:
Ageement twas reached with raped to naor all of the claims inquestion. -0 was not meachad..
1- 31
Claims discussed:
~A
identification of prior ant docued..
"4&ck
t
rv)phn-iic
4arritwA
-AiUicau±
Deecuiption of the genenil nature of what was agreed tol Ian agreement was reached, or any other openatr
3;
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ten
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(Afuller claacriplon, If necessary, and a copy of the amermen ts IfauaWlablen which the examiner agreed wudrneth
r-4Isnot
'2
o0 bat-
aisloable must be
wsrenocoyef h am edns which would render the claims allwable Isavallable, asummary thereof must be attached.)
necessary for applicant to proida separkt. record of lto substance of toe h*Imr.
.
te pa ragraph below has been ohetod to indicate to the contar, AFORMAL WRrrTENI RES PONSE TO THE LAST OFFIOE ACTION ISNOT
WAIVED AND MUST INCLUDE THE SUBSTANCE OF THE INTERVIEW (e.g., Items 1-7ion the raverse aid of this form), f a1
response to theilst office
action has already been Iled, then applIcant Isgiven one month from this Intervew date to provide a statement of the substance a] the lntervisw.
O3 2. Since.the examier's Interview summary above Qncludlng any attachnments) reflowi a complete response to each of toe objections, rejecffons and
requirements that may be present Inthe last Offie action, and i1noe the claims are now allowable, this completed form isconsidered to fulfill the
response requirements of the last Office action, ApplIcan Isnot relieved fromn providing a separate record of tIN substance of the lntuenlew unless
box I above Isalso cecked.
PTOL-413 (REV. 24-3)
Exadners Signaure
DRIGINAI!FOElINSER11ONlNiIGT:HANDLAPiO0jIEWAPPSJ\
/
461.6
'
tJUL
I 04.0
'"
PATENT
2055.P002
ON44006IN
THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of:
Jed Margolin
Serial No.: 08/274,394
Examiner: T. Nguyen
Filied: July 11, 1994
Art Unit: 2304 1III<
For:
PILOT AID USING SYNTHETIC
REALITY
Commissioner of Patents
and Trademarks
Washington, D.C. 20231
AMENDMENT AND-RESPONSE
Dear Sir:
In'response to the Office Action of May 9,1995, please enter the following
amendments and consider the following remarks.
IN THE CLAIMS
Please delete claims 29 - 30, without prejudice.
Please amend the following claims.
1.
(Twice Amended)
A pilot aid,,which uses an aircraft's position and attitude to
transform data from a digital data base to present a pilot with a synthesized three
dimensional projected view of th6 world comprising:.
a position determining system far locating said aircraft's position in three
dimensions;
For the foregoing reasons, Applicant submits that all objections- and rejections
have been overcome. Applicant submits that all pending claims are in condition for
allowance and allowance of the same is respectfully requested.
Respectfully submitted,
BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
Date:
_1995_V_g._
Ut
_
Keith G.Askdf
Reg. No. 33,828
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, Californ~ia 90025
(408) 720-8598
I hereby certify that this correspondence Is being deposited With the United States Postal Service as first class mail
with sufficient postage In an envelops addressed to the Commissioner of Patents and Trademnarks, Washington, D.C.
20231
on
J* l0.lIbS
Date of Deposit
cilgic.Care
Name of Person Mailing Correspondence
Signature
Date
Ok
55.P002
PATENT
IN THE UNITED STATES PATENT*AND TRADEMARK OFFICE.
In re Application of:
Jed Margolin
Serial No.: 08/274,394
Examiner: T. Nguyen
Filed: July 11, 1994
Art Unit: 2304
For
PILOT AID USING SYNTHETIC
REALITY
Commissioner of Patents
and Trademarks
Washington, D.C. 20231
CHANGE OF ADDRESS UNDER 37 C.F.R. 6 ..33(d)
Dear Sir:
Pursuant to 37 O.F.R. § 1.33(d) Applicant hereby changes Applicant's
correspondence address as follows:
Keith G.Askoff
BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
12400 Wilshire Boulevard, 7th Floor
Los Angeles, CA 90025
(408) 720-8598
vz3
Please address all future communications to the above address.
Respectfully submitted,
BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
'1995
Date:
aS
Keith G. Askoff
Reg. No. 33,828
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, California 90025
(408) 720-8598
I hereby certify that this correspondence Is being deposited with the United States Postal Service as first class mal
with sufficient postage Inan envelope addressed to the Commissioner of Patents and Trademrarks, Washington, D.C.
20231
on
LU1.1995
Date of Deposit
ambai C.Cakes
.Name of Person Mailing Correspondence
( "&0C.-
Q4oiy
Signature
4b1~'4
*
I
Date
', ~/
UNITED STTSDU$ArMENT OFrCOMMERCE
Patent and Trademark Offic
Address: COMMISSIONER OF PATENTS AND TRADEMARKS
-.
Washington. D.C. 20231
IFILING
-SERIAL NUMBER
* 08/274,394
DATE
IFIRST
IATTORNEY
NAMED APPiiCANT
j
MARGOLIN
07/11/94
DOCKET NC .
RGNOTENiIAmlNglt
KEITH 93.ASKCOFF....
SOKOLOFF. TAYLOR AND'ZAFMIAN*BLAKELY,
12400 WILSHIRE, BOULEVARD, 7TH FLOOR.
PAPER NUM951
ART UNIT'
LOS ANGELES,* CA 90025
1
2304.
DATE MAILED;
0/39
.
Below to a commWdoaglon from the EXAMINER Inoharge of this application
COMMISSIONER OP PA TENT AND TRADEMARKS
ADVISORY ACTION
T 9 PERIOD FOR RESPONSE:
*
A sextended to run
or continues towrn ..SaJtl)flfl6t from the date of the final rojecifont
____
_
b) expires three monts frgm the date.of the final rejection or as of the mafing date of this Advisory Action, whichever Is later; In no
event however, will the statutory period for the response expire later than six months trom the date of the final rejectlonw
Any extension of lime must be obtained by filing a petition under 37 CFR 1.A36(i). the proposed response and the appropriate fee.
The date on which the response, the petition . and the low:havo been filied Isthe date of the response and also the date for the
purposes of determining the period of extension and the corresponding amounit df the I&V. Any extension tee pursuant to-37 CFR
1.17 will be calculated from the date.of the originally set shortened statutory period for response or as set forth Inb)above.
QAppllantsBriet is due In socordance with 37 CFR 1.192(a).
'6704A
has been -considered wlith the following effect, but It Isnot dleemed
Applioanre response to the final rejection, filed
to place thet application Incondition for allowance:
Teproposed amendments to the dielm and /or spAcification will not-bei entered iid tl{i finill rjecton stands because:
[3 There Isno convincing showing under 37 CFR 1A 18(b) why th proposed amindmentIsa necessary end was not earlier
presented.
raise new Issues that would. require further oonsidemltln anrift search. (See Note).
6*
tey
c. 0 They raise the Issue of new mnatter. (See Note).
45They are not deemed to place the application fi better form for appeal by materially reducing or simplifying the Issues for
*
appeal.
e. CThey present additional claims without cancelling a corresponding numnber of finally rejected claims.
NOTE:
2;
Q
-44 S1n
IIr7171c
xojh ,,A
& Upwo the filing an appeal, the proposed amendment
be as follows:X
ClamfWI
* Claims rejected:
_
_
_
_
_
iw
C~.
se
£
6
~
would be allowed Ifsubmitted in a separately fied amendment cancellIng
Newly proposed or amended claims
the Mon-allowable claims.
Claims
ralcipi
_
_
_
_
C.will be
_
_
wnerd
It not be antlbred and fte sttus of the clims WINl
w
_
_
_
A;: SF3
33
*However;
*E5
*
*
Applicants response has overcorhie the following'rojection(s):
5
The affidavt, exhibit,or request for reoonsiderailon has beew considered but does not overcome the rejection because
S. 5
The affidavit or exhibit will not be considered because applicant has not shown good and sufficient reasons hy It was.
presented.
'~*
C The proposed drawing correction Q
ather
has
0
has not been approved by the examiner.
_
___
ar
1
BY,SI3CURI1 Y
RECOMMENDATION BY EXPERTS
RE(Every export .oxamnIing this application should indicate an cxpress
DATE)
AND
COM MENDATION followed by fliir SIGNATURE, AGENCY
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ACCESS ACKNOWLEDGEMENT
As Resquired by
Title 35, UhfItod States Code (1952) Section 181
I hereby acknowledge that I have Inspected the disclosure of (he above Identified application for patent in the
administration or Oic low citcd above, on behalf of the department 6r agency which I represent, and promise that an~y
Information acquired from soid application will not be divulged, dIsclosed or used for any purpose otlher
than in (lie
...........
idfilrdnstiration of the cited law.
I
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'AGENCY REPRESENTED
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PATENIT APPLICATION SERIAL
N081
!5132909
U.S. DEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
FEE-RECORD SHEET
-
210 SWI0'?/IYI/95 0O5i3298J
590.00 tK 020FM.P002
1 201
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08/5"
6-? ) -C9I0
.54At~f
No. 0s2M.P=E
Pat
.9
1995IN THE UN17EED STATES PATENT AND6TRADEMARK
'~
OFFICE .
Prior Application:
The Commissioner of
Patents and Trademarks
Washington, D.C. 20231
BOXF~WC
Examiner:
H.ua
Art Unit:
23D4.
'9RULLR
Sir:
This Is.a request for filing a file wrapper
.L....
Continuation application
_____
under 37 C.F.R. j 1.62 of pending prior application serial no.
fledon M411.1994
Divisional application
08/274.394
ad Mein
of
(inventorqs) currently of record for prior application)
PILOT AID USING SYNMHEnIcREALITY
for
.X... 1.
XL..
The above-identifled prior application In which no payment of the Issue
fee, abandonment of, or termination of proceedings has occurred Is
hereby expressly abandoned as of the filing date of this new application.
Please use all the contents of the prior application file wrapper, Including
the drawings, -as the basic papers for the new application. No such copy of
the Drier application I. Included herewith.
2..
The filing fee Iscalculated below:
CLAIMS NOW PENDING INTHE PRIOR APPLICATION PLUS/MINUS CLAIMS
ADDED/CANCELED BELOW
OTHER THAN A
(C01.1)
SMALL ENTITY
No;. Filed
No. Extra
Rae Fee
For
Basic Fee- '
TotadlClaims:
"
Ideg .Claims:
I
M
37
.4
$
730
-20"*17.
1-31
*1
Multiple Dependent Clalm(ls) Pmasented
Iftedifference inCol. l ie lees than zero,
enter 0 InCoI. 2.
X
3.....a A verified statement to establish small entity status under 37 C.F.R. §§ 1.9 and 1.27
-Is encloeed(___X
was filed In the pending prior application and such status
Is still proper and desired. 37 C.F.R. § 1.2B(a).
'Express Mar mailing lAe runberTMR4O4J
Date of Deposit Augtt9. 1996
I hereby cerify that this paper or fee Isbeing deposited with the United States Postal Service 'Express Mai Post
Office to Addressee" service under 37 CFA 1.10 on the data Indicated above and Isaddressed to the Commissioner
of Patents and Trademarks, Washington, D.C. 20231.
(TMorprinted nhme%of
ailin paper or fee)
(signature oprsniarn paper or fee)
LJVAves/cak (10/01 /94) Rule 82
I.
X...
4.
The Commissioner Ishereby authorized to charge any fees that may be required, or credit
any overpayment, to Deposit Account No. 02-2666. Aduplicate copy of this sheet Is
enclosed.
L
5.
AcheckIn the amounitof
r
___6,
tnan nnl
Acheckitheaortf$_t
to 37 C.F.R.
§
Isenclosed for the tiling fee.
Isenclosed for the petition fee pursuant,
1.17.
of the prior application
before calculating the filing fee (wherein at least one independent claim Is retained for
filing purposes).
____
7.
CcelI tis applittlon clairre_____________
____
8.
Please enter the preliminary amendment enclosed before calculating the tiling fee.
9.
Before calculating the filing fee, please enter Inthe present application the amendment
ledi__________an_____ under 37 O.F.R. § 1.118, but unentered, In
the parent application.
10,
Amend the specification by Inserting the following before the first sentence on the first
page:
-
X
(a)
X. olnuadm
serilino. OMM24,394
V__
Ct?)
(b)
%ftchisa_o__
sealin6
V__W_ divisional of application
,tied JuISM104 halijLJ
4
onilnustV_ _dIvisIonaI of application
.led
-.
(list all prior applications)
i
X It.
____
- TisIe.
12.
It Ishereby requested that any request for a convention priority made Inthe prior
application be transferred to this Rule 62 application.
The prior application Isassigned of record to:
'a1. The Power of Attorney inthe prior application Isto:
(Name)
(Reg. No.)
Ed~win HIffidQr. Reg. No. 25,129, and certain other listed attorneys or agent(s) of:
IAKLY. sOkOLOFE,TAYLA.ZM-M-AN
(310) 207-3800
(a)
The Power appears Inthe original papers of the prior application
Gled_n_6___tied
(b)
The Power does not appear Inthe original papers, but was filed on
February IA.
9M
tiled julvll19N4
Inprior application serlino. ....
A24/394..
(c)
A new Power has been executed and is attached.
(d)
Recognize as an associate attorney or agent and address all future
communications to:
(Name)
BLAKELY, SOKOLOFF, TAYLOR &ZAFMAN
12400 Wilshire Blvd., Seventh Floor
Los Angeles, California 90025
(408) 720-8698
(e)
(Peg. No.)
Address all future communications to the undersigned.
LJVAVes/cAk (10/01/94) Rule 62
14. Enclosed Is a photocopy of a petition for an extension of time
pursuant to 37 C.F.R. 3 1.136 concurrently (or previously) submitted
under separate cover for the above-referenced prior application.
...X... 15.
Applicant(s) hereby petItion(s) for an extension of time pursuant to Rule 1.13, If
needed, for the above-noted prior application. The Commissioner Ishereby
authorized to charge any extension or petition fee under 37 O.F.R. § 1.17 that may
be required for the above-referenced prior application to Deposit Account No. 022688. Two photocopies of this document are enclosed for filing inthe prior
application file and for Deposit Account purposes.
...X.... 18.
The filing of an application under 37 C.F.R § 1.82 will be construed to Include a waiver
of secrecy under 35 U.S.C. § 122 to the extent that any member of the public who Is
entitled under the provisions of 37 C.F.R. § 1.14 to access to or information
concerning either the prior application or any continuing application filied under the
provisions of 37 C.P.R. § 1.62 may be given similar access to, or similar Information
concerning, the other applicatlon(s) Inthe file wrapper.
37 C.F.R. §.1 .82(ft
-
17.
Accompanying this application Isastatement requesting deletion of thea name(s) of
the person or persons who are not Inventors of the invention being claimed Inthe
continuationldivIsional application. 37 C.F.R. §.1.62(a).
Respectfully submitted,
BLAKELY SOKOLOFF TAYLOR &ZAFMAN
Date: August 9.1995
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, California 90025
(408) 720-8598
15,dl-
14
Relth G.Adkoff
ft.33,28
-Attorney
or Agent of Record
X-.J. Associate Attorney or Agent
Filed Under 37 C.F.R. § 1.34(a)
LJVANestcak (10/01/94) Rule 62
04%;
JUL
14
2055.P002
PA TENT'
IN THE UNITED STATES PATENT AND TRADEMARK OFFICEr
In re Application of:)
Jed Margolin)
)Examiner
)Art
KSerial No.: 08/274,394
Filied: July 11, 1994
For
T. Nguyen
Unit: 2304
PILOT AID USING SYNTHETIC)
REALITY
Commissioner af PatentsN.
and Trademarks
Washington, D.C. 20231
AMENDMENT AND RESPONSE
Dear Sir:
In response to the Office Action of May 9,1995, please enter the following
amendments and -consider the following remarks.
IN THE CLAIMS..i
Please delete ciaima' i- 30, without prejudice.
P'>i!b aei asd the following claims.
1.
-.
(Twice-Ariended) A pilot aid which uses an aircrafts position and attitude to
transform data from a digital data base to present a pilot with a synthesized three
dimensional projected view of the world comprising:
a position determining system for locating said aircraft's position in three
dimensions;
a digital data base comprising terrain data, said terrain datai representing LA[l
terrestral terrain as atJlest one [or more] poiygon[sl.said terrain data generated from
elevation data of said real terrestrial terrain;
t
an attitude determining system for determining said aircraft's orientation Inthree
dimensional space:
a computer to access said terrain data according to said aircraft's position and
to transform said terrain data to provide three dimensional projected Image data
according to said aircraft's orientation; nd
a display for displaying said three dimensional projected Image data.
5.
(Twice Amended) The pilot aid of claim 1,further comprising a control panel
to select uateat one (or more] operating feature(s].
6.
Q
(Twice Amended) The pilot aid of claim (1] 5, wherein said at
meat one [or
more] operating feature[s] compriLsaLIjMua one (or more] feature[s] selected from
[the] a
group consisting of panning aviewpoint of said three dimensional projected
image, tilting a viewpoint of said three dimensional projected Image, zooming a
viewpoint of -said three dimensional projected image, and providing a three
dimensional projected Image of a route ahead.
*7
(Twice Amended) A pilot aid which *usesan aircraft's position and attitude to
transform data from a digital data base to present a pilot with a synthesized three
dimensional projected view of the world comprising:
a position determining system for locating said aircraft's poitoin three
dimensions;
a digital data base comprising terrain data, said terrain data representing LOB
terrestrial terrain as uatls one [or moreJ polygon[s]. said terrain data generated from
elevation data of said real terrestrial terrain;
an attitude determining system for determining said aircraft's orientation Inthree
>dimensional space;
a computer to access said terrain data according to said aircraft's position and
to transform said terrain data to provide three dimensional projected Image data
according to said aircraft's orientation; and
a mass storage memory for recording said aircraft position data and said
aircraft's attitude data for allowing a flight of said aircraft over said terrain to be
displayed at a later time.
Am ended) The pilot aid of claim -? further comprising a control panel
to select atlenas one [or more] operating feature[s].
~ ~,Y((Twice
~
4<
+9$ (Once Amended)
The pilat aid of claim A-<whersln said at least one ror
more] operating feature[s] comprlseligio=M one [or more] featu're[s] selected from
K-
[the] Agroup consisting of panning a viewpoint of said three dimensional projected
image, tilting a viewpoint of said three dimensional projected Image, zooming a
viewpoint of said three dimensional projected image, providing a three,-dimensional
projected image of a route ahead, and providing a three dimensional projected image
of a previous flight.
.(Once Amended)
A pilot aid which uses an aircraft's position and attitude to
transform data from a digital data base to present a pilot with a synthesized three
>Er
dimensional projected view of the world comprising:
,,j 6
a position determining system for locating said aircraft's position inthree
dimensions;
a digital data base comprising terrain data, said terrain data representing r&tl
tereria l terrain as atUeat one Eor more] polygon[s]. said terrain data generated from
elevation data of said real terrestrial terrain;
O
A)
a first attitude determining system for determining said aircraft's orientation in
three dimensional space;
a head mounted display worn bjv said pilot of said aircraft;
a second attitude determining system for determining the orientation of said
pilots head inthree dimensional space; And
a computer to access said terrain data according to said aircraft's position and
to transform said terrain data to provide three dimensional projected Image data to
said head mounted display according to said aircraft's orientation and said pilot head
orientation.
)W
(Once Amended) The pilot aid as described inclaim 1 wherein said [terrain
data isgenerated from] elevation data [comprising] comprises an array of elevation
NK
points, wherein each said polygon representing said terrain defines a plane, wherein
qin
a first region of terrain represented by sIaida1s one [or more of said] polygon[s
no] tagh elevation point within each said polygon is[below] within a firstAdistance of
said plane of each said polygon [by a first distance or more].I
14<9JL1
le< (Once Amended)
The pilot aid as described in claimrwhersin said [terrain
data is generated froml elevation data (comprising] comprisus an array of elevation
points, wherein each said polygon representing said terrain defines a plane, wherein
ina first region of terrain represented by said at lasa one (or more of said] polygon[s
no] Dagh elevation point within each said polygon is[below] within a first distance of
said plane of each said polygon [by a first distance or more].
W'
(OneAmended)
The pilot aid as described in claim JZ*wherein said (terrain
is generated from] elevation data [comprising] compries an array of elevation points,
wherein each said polygon representing said terrain defines a plane, wherein in a first
region of terrain represented by said tleast one [or more of said] polygonjs no] 2ghj
elevation point within each said polygon is [below] within a first distance of said plane
of each said polygon [by a first distance or more].
>C\
Ae
(79region
(Once Amended)
The pilot aid as described Inclaim>.? wherein In a second
of said terrain represented by said atileat one [or more of said] polygon[s no]
qAqh elevation point within each said polygon Is(below] within a second distance of
said piano of each said polygon in said second region [by a second distance or more],
said second distance different from said first distance.
,24<' (Once Amended)
The pilot aid as described In claim WCwherein in a second
region of said terrain represented by sid leastnn one [or more of said] polygon[s no]
aghg elevation point within each said polygon Is[below] within a second distance of
said plane of each said polygon Insaid second region [by a second disthnce or more],
said second distance different from said first distance.
,22
(Once Amended) The pilot aid as described in claim .Ww~herein in a second
region of said terrain, represented. by aid atleast one [or more of said] polygon[s no]
2&gh elevation point within each said polygon is[below] within a second distance of
said plane of each said polygon Insaid second region [by a second distance or more],
said second distance different from said first distance.
(Once Amended)
The method as described in clal.IrTL2S,wCherein at lest one
[or more] additional adjacent onefs] of said plurality of elevation points [are] in
examined, and wherein said polygon is expanded.to include said atleast one [or
(D
%
more] additional one(s] of said plurality of elevation points [which do] thatdoes not
cause any of said elevation points within said expanded polygon nQJ to be [below]
within said first distance of baid plane of said expanded polygon [by said first distance
or more].
4A
3R'
(Once Amended)
I
*,)
The method as described in claim aewheren atnlea one
[or more] additional adjacent one[s] of said plurality of elevation points [are] ja
examined, and wherein said polygon is expanded to include said atUlast one Ear
more] additional one(s) of said plurality of elevation points [which do) thatLdoes not.
cause any of said elevation points within said expanded polygon to be above said
plane of said expanded polygon and [do].dmu not cause any of said elevation points
within said expanded polygon 021 to be [below] within said first distance of said plane
of said expanded polygon [by said first distance or more].
y
aC.
(Once Amended)
A method of using an aircraft's position and attitude to
transform data from a digital data base to present a pilot with a synthesiied three
dimensional projected view of the world comprising:
locating said aircraft's position inthree dimensions;
providing a data base comprising terrain data, said terrain data representing
real turrmstrial terrain as iat
las one [or more] polygons, said terrain data generated
tram elevation dataat said real teetileran
determining said aircraft's orientation in three dimensional apace;
accessing said terrain data according to said aircraft's position;
transforming said terrain data to provide three dimensional projected image
data according to said aircrafts orientation; and[,]
displaying said three dimensional projected image data.
(Once Amended)
The method of claimweurther comprising selecting Al
Laid one [or more] operating feature[s], wherein said atUluat one (or more] operating
feature[s] compriselALlaMa one [or more] feature[s] selected from [the] a group
yQ
consisting of panning a viewpoint of said three dimensional projected image, tilting a
Viewpoint of said three dimensional projected Image, zooming a viewpoint of said
three dimensional projected image, and presenting a three dimensional projected
image of a route ahead.
AC
(Once Amended) The method as described In claim9 weinsdtran
data base Isproduced by a method comprising the steps of:
providing a plurality of elevation paints, each of said plurality of elevation points
representing an elevation of a point on a terrain;
defining a polygon having at lemst one [or more vertices] vertex defined by Mt
lemad one [or more] of said elevation points;
examining an adjacent one of said plurality of elevation points to determine If
expanding said polygon to an expanded polygon to include said adjacent one of said
plurality of elevation points causes a eat one [or more] of said plurality of elevation
points within said expanded polygon =n to be Ebelow] within a first distance of a plane
of said expanded polygon [byea first distance]; and[,]
expanding said polygon to include said adjacent one of said plurality of
elevation points if [none] agh of said elevation points within said expanded polygon is
[below] within said first distance of said plane [by said first distance or more].
5C
a
(Once Amended)
The method as described in clalmXwd herelin said
adjacent one of.said plurality of elevation points Is further examined to determine If at
ja= one [or more] af said plurality of elevation points within said expanded polygon is
above said plane of said expanded polygon, and said polygon Isexpanded if none of
said elevation points within said expanded polygon Is above said plane of said
expanded polygon and if Enone] fiagh of said elevation points within said expanded
polygon Is [below] within said first distance of said plane*b [said first distance or
more].
REMARKS
In a telephonic Interview on July 7, 1995 regarding the Off Ice Action of May 9,
1995, the Examiner and the undersigned discussed some of the 35 U.S.C. § 112,
second paragraph rejections, and the 35 U.S.C. § 103 rejections. In a telephonic
Interview of July 7, 1995 the Examiner and the undersigned discussed claims 17 and
20, which were not previously examined based on the prior art. The Examiner agreed
to withdraw the finality of the Office Action of May 9, 1995.
With respect to the rejection under 35 U.S.C. § 112, second paragraph for the
phrase "one or more" as described Inparagraphs 4.1, 4.2, 4.3, 4.4, 4.5, and 4.8 of the
Office Action, as discussed Inthe above-referenced telephonic interview, Applicant
has amended the claims to recite "at least one" and to make grammatical changes
consistent with the amended terminology.
With respect to the suggestion in paragraph 4.1 of the Oiffice Action to add the
word "and," Applicant has amended claims 1,7, and 13 to add the word "and" at the
appropriate place. With respect to antecedent basis for "the group" as Inclaims 6, 12,
and 37, as noted in paragraph 4.3 of the Office Action, Applicant has amended claims
containing this phrase to read "a group.m
With respect to paragraph 4.4 of the Office Action of May 9,1995 the Examiner
requests verification of the first region~ of terrain. As described inthe specification on,
for example, page 30, lines 2 - 14, the number of polygons required to represent a
portion.of terrain will be dependent upon the definition of flatness (flatness criteria). If
the elevation points within a polygon must be within a small distance from the plane of
the polygon, more polygons will be required then when the elevation points may be
within a greater distance of the plane of the polygon. As described inthe specification,
regions of high interest (such as airports and surrounding areas) may be represented
with polygons having all points within a small distance from the plane of the polygon,
while other areas may be represented by polygons having all elevation points within a
larger distance from the plane of the polygon. Because the former regions will
typically require mare polygons, the terrain will be represented more accurately. Thus,
for example, the airpoif may be a first region, whiie areas removed from the airport
may be a second region.
With respect to the phrase "distance or more" inthe claims discussed in
paragraphs 4.4, 4.5, and 4.8 of the Office Action, Applicant has rephrased the claims.
For example, claims 17 - 19 have been amended to recite that each,elevation point
within each polygon is Within a first distance of the plane of the polygon. That is,for
example, as described above, the elevation points within a first region, oSuch as an
airport, may be within 10 feet of the plane of the polygon. Of course, the invention Is
not limited to these examples. In claims 20 - 22, Applicant has recited that each
elevation point within each polygon in the second region is within a second, different
distance from the plane. Again, by way of example, Inareas removed from the airport,
the elevation points may be required to be within only 50 feet of the plane of the
polygon. With respect to claims 31 and 32, Applicant has amended the claims to
recite that the polygon is expanded to Include the recited at least one addition one of
the plurality of elevation points that does not cause any of the elevation points within
the expanded polygon not to be within the first distance of the plane of the polygon.
Similar amendments have been made to claims 38 and 39.
With regard to paragraph 4.6 of the Office Action of May 6,1995, the Examiner
requests clarification as to Ono elevation point.0 As described generally above, a
criteria may set such that a polygon contains no elevation points that are beyond a
certain distance from the plane, or alternatively stated are not within a certain distance.
In other words, in a polygon near an airport, no elevation point Inthe area represented
by a polygon is above the plane of the polygon. In this way, a pilot may be ensured
that inthe real world scene represented by the polygons, no elevation point is above
the level of the plane of the polygon.
With respect to paragraph 4.7 of the Office Action, Applicant has, as suggested,
deleted the comma.
In paragraph 4.8 of the OffIce Action, the Examiner asks for verif ication
regarding examining an adjacent one of the plurality of elevation points and
expandi ng the polygon, as in lines 7 - 14 of claim 38. One embodiment of the
method of the present invention isdescribed, for example, inconjunction with
figures 12A - 12F, and 13A - 13F of the specification. As shown therein, an initial
polygon having three points is defined. Next, an adjacent elevation point is selected.
Adetermination is made as to whether the point belongs inthe polygon according to
the above-discussed flatness criteria. Ifthe expanded polygon meets th6'flatness
criteria, the point is added, as shown inthe Figures. If it does not, then the point is not
added to the polygon.
Claims 1 - 12 were rejected under 35 U.S.C. § 103 as being unpatentable
over Beckwith at aL Inview of Behensky at a. or one of two brochures form Atari
Game Corporation. In responding to Applicant's arguments, the Examiner states that
Applicant's argument regarding thie present invention representing real terrain is not
found inthe claims. Similarly, the Examiner states that constructing the polygon based
on elevation paints is not found inthe claims. Applicant has amended all independent
claims to Include the limitations that the terrain data represents real terrestrial terrain
and to recite that.the terrain data Isbased an elevation data of the real terrestrial
terrain. Applicant submits that these amendments clarify the distinction between the
claimed Invention and the references applied by the Examiner.
With respect to Beckwith et aL., Applicant submits that Beckwith et at. does
not accurately perform a transformation of elevation points. Rather, Beckwith at a.
uses a two-dimensional array of elevation points. The data address gives the x, y
coordinates of the point, while the data gives the elevation. Beckwith at at does not
create a true 3-D scene. Rather, Beckwith et at simply changes direction of data
read out to correspond to the plane's orientation. This method creates a very crude
representation of the terrain, particularly when, for example, the heading of the plane
is not along a row, column, or diagonal of the data.
With reference to Behensky at aL and the Atari brochures, incontrast to-the
claimed Invention, the references show a scene that consists of a completely made-up
universe. In contrast to the claimed invention they do not show polygons based on
elevation data of real terrestrial terrain. Furthermore, as described earlier, note that
the display is significantly different from what is needed Inthe present invention. For
example, features such as road markings, road signs, vehicles, etc. are present In
these references, which are not applicable to the present invention as cilimed. Note
that the references, even when considered together, do not contain any motivation,
either express or Implied, that the depiction of the fictional universe therein be used for
producing a display of real terrestrial data based on elevation data of the real
terrestrial terrain. Furthermore, there Isno teaching in.the references of -how this
would be accomplished. Additionally, Applicant submits that it Isnot obvious that the
polygons used for the fictional universe of Behensky st at and the Atari games would
be useful inthe system of Bsckwith at a. Although the Examiner states that it would
-11-
be obvious to combine Behensky at al. with the systems of Beckwith et a!, to provide
a reduction of data base storage, there isno such teaching inthe references. It is only
with the teaching of the present Invention, to construct the polygons inthe manner
described, and to use the described flatness criteria, that one of ordinary skill inthe art
is enabled to practice the present invention. Absent this teachi ng, nothing inthe
references teaches that the polygons of Behensky at a). would result In significant
reduction of data base storage inather, undisclosed systems. Because there is no
such teaching inthe references, Applicant submits this assertion must be within the
personal knawledge of the Examiner. Therefore, pursuant to 37 CYFR § 1.107(b),
Applicant respectfully requests an affidavit from the Examiner attesting to the fact that
the disclosure of polygons In Behensky at al. teaches one of ordinary skill In the art
that the use of these polygons to represent data In other systems results inthe
reduction of data base storage, as Behensky at al., in addition to not teaching the use
of polygons for real terrain data, does not teach that the use of polygons would resulIt
in a reduction of data base storage. Applicant submits that any such teaching comes
only from the present specification.
In conclusion, Applicant has made numerous amendments In an earnest
attempt to clear up all 35 U.S.C. § 112, second paragraph Issues. Should the
examiner believe any 35 U.S.C. § 112 issues remain, Applicant would appreciate a
call to the undersigned so that any remaining issues my be dealt with by Examiner's
amendment, ifpossible. Additionally, Applicant has amended the claims to recite that
the terrain data represents real terrestrial terrain, and to recite that It Isgenerated from
elevation data of the real terrestrial terrain. For the measons described above,
Applicant submits the present invention, as currently claimed,,Js unobvious over the
references of record.
For the foregoing reasons, Applicant submits that all objections and rejections
have been overcome. Applicant submits that all pending-claims are in condition for
allowance and allowance of the same is respectfully requested.
Respectfully submitted,
BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
Date:
.4 ..s.1995
K ihAk
Reg. No. 33,828
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, California 90025
(408) 720-8598
I hereby certify that this correspondence Is being deposited with the United States Postal Service as first class mal
with sufficient postage in an envelope addmessed to the Commissioner of Patents and Trademarks, Washington, D.C.
20231
on
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e,
T
~iln
'
Date
Filied:
For:
J*u11.lffi4
PIOwIwSIGShTEnlC REALITY
p
(title)
THE COMMISSIONER OF PATENTS AND TRADEMARKS
t
0
.
Washington, D.C. 20231
SIR: Transmitted herewith Isan Amendment for the above application.
-___ Small entity status of this application under 37 C.F.R. § 1.9 and 1.27 has been establis4V'-y
IA
a verified statement previously submitted.
X
-A
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j
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OTHER THAN A
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The "Highest No. Previously Paid For' (Total or independent) Isthe highest number found from
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Applicant(s) hereby Peltion(s) for an Extension bit Time of _____
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BLAKELY SOKOLOFF TAYLOR &ZAFMIAN
12400 Wilshire Boulevard-
Seventh Floor
Los Angeles, California 90025
Keith G.Akff
Reg.rNt S3.R28
(408) 720-8598
I hereby certify that this correspondence isbeing deposited with the United States Posta[-Service as first class mal
with sufficient postage Inan envelope addressed to the Commissioner of Patents end Trademarks, Washington,
D.C. 20231
on
J*ialON9
Date of Deposit
Name of Person Mailing Correspondence
Signature
Date
(W.V/wes/cak 10/01
OCT
~
19loF05J.P002C
INTHE UNITED STATES PATENT AND TRADEMARK OFFICE
In Re Application of:)
Examiner: Not assigned y
Jed Margolin)
Art Unit: 2304
Serial ro.: 08W513,298
Filed: August 9, 1995
For
PILOT AID USING SYNTHETIC)
REALITY)
Hon. Commissioner of Patents
and TrtidemaKs
Washington, D.C. '20231
REOEIVED
GROUP 2300
PRELIMINARY AMENDMENT
Sir:
INTHE DOCKET NUMBER
Please change the attorney docket number to:
--02055.PO02C-(I. e.add a "Cm at the end.)
Please enter the amendment mailed on July 10, 1995, submitted under
37 0. F. R. § 1.116, but unentered Inthe parent application.
REMARKS
Please consider the remarks in the above'referenced amendment, submitted
but unentered Inthe parent application.
Respectfully submitted,
BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
Date: _e1995
WI
2'4
Keith G.Askolf
Reg, No. 33,828
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, California 90025-1026
(408) 720-8598
FISTA
SS HaTEOFEMAHMGi
I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail
with sufficient postage in an envelope addressed to the Commissioner of Patents and Trademarks, Washington, D.C.
20231
on
October18. 1995
Date of Deposit
Edith Fuentes
Name of Person Mailing Correspondence
499/0Sigature
/ ?-IRS
Dwte
ocT
AttO ' Docket No.:
i~1995h
02055.PO02C
Paten
pl:to otJdMargolin
~ADFW
Appication No.:
Filied:
For:
Q
(Inventor(s)).
08&SI3298
Auouk . 1995
PILOT ADt USING SYNTHETIC REALIT
(title)
NayV 01 16A5
THE COMMISSIONER OF PATENTS AND TRADEMARKS
Washington, D.C. 20231
GROUP 2300
SIR: Transmitted herewith Isan Am endment for the ibove application.
-___Smal entity status of this application under 37 C.F.R. §§ 1.9 and 1.27 has been established by
a verified statement previously submitted.
-A
verified statement to establish small entity status under 37 C.F.R. §§ 1.9 and 1.27 Is enclosed.
.......
No additional tee is required.
The fee has been calculated as shown below:
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(Col. 2)
(Co. 3)
SMALL ENITY
Remaining
After Amd.
Previously
Paid For
Present
Extra
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37
0,
xl1 $
0
x221 $
0
x39 $
0
x78 $
Total l*i~
aklms
Indep.
OTHER THAN A
SMALL ENTITY
(Col. 1)
37 1Minus
4 MIu
'
41
~ First Presentation of Multiple
*
Additional
Fee
Rate
I7Aiional
Fee
$
0
+250 11
Denenden'T
Cama
* f the entryin Col.1 I ssthanMhe.entI1nCol.2
Total
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write V0inCol. 3.
0
Add. Fee $
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**lithe
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SPACE Isloe than 20, write "20" Inthin space.
..If
the "HIghest No. Previously Paid Foe' INTHIS SPACE Isless than 3,write *30 Inthis space.
The "Highest No. Previously Paid Foru (Total.or Independent) Isthe highest number ound from
the equivalent box InCol. 1of aprior amendment or the number of claims origi *nallyfiled.
A cieck tIthe amount of $_________ Isattached for presentation of additional clalis).
Applicant(s) hereby Petitlon(s) for an Extension of Time of _______
Month(s) pursuant to
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atce o rcsigle ne 7CPA
.7
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ne 7CFR
.7
Please charge my Deposit Account No. 02-2M~f the amunt of $_
A duplicate copy of this sheet Is enclossd..
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extra claims..
.J... Any extension or petition fees under 37 C*... § 1.17.
BLAKELY SOKOLOFF TAYLOR & ZAFMAN
_____
/&Z2fZ6
Oak,t
12400 Wilshire Boulevard
Seventh Floor
Los Angeles, California 90025
(408) 720-8598
Keith G. Askoff
Re.ND
hereby certify that this correspondence Isbing deposited with the United States Postal Service as first class mal
with sufficient postage Inan envelope addressed to the Commissioner of Patents and Trademarks, Washington,
I
D.C. 20231
o,
October
18.
1995
Date of DepositEdih Fuentes
Name of Parson Mailing Correspondence
(LJV/cak 10/02/95)
MUNID STATU DEPARTMENT OP C11OMMERCE
Pient and Tradermrk Office
SERIAL NUMUER I
08/51J,i98
ULNG DATE
Adhnsm CMISSOER OF PA7ENTS AND TRADEMARKS
Washlr1mo, D.C. 202311
NAMED INVENTOR.
ATTORNEY DCE O
IFIRST
08/09/95
MAkeOLIN
021)5.F 002C
'3
3m11/012z'
L1
*'EDWIN H TAYLOR
BLAKCELY SQOKOLOFF -TAYLOR & ZAFM'.AN.
*12400 WILSHIRE BLVD SEVENTH FLOORLOS ANGELES CA'90025
.ATUIT.1
* 2304
DATE MAILED:
*
PAPER NUMBER
01/22/96
This Isacommuni cation from th. mxaminer Incharge of your appicition.
COMMISSIONER OF PATIENTS AND TRADEMARKS
o iIs application has bean exarnined
spolnelve
e7y
to comnicoation fiod onJ
*shortened staory period for respouse to ths action Isset to expire ....
/01 1
C)
This action Ismade final.
onthis),
days frornVe
Falure to respond within the period foi re"pos will cause the application to become abandoner. 35 U.S.c. 133
ofm lttr
-Part]I THE FOLLMwiw ATTACNMNT(S) ARE PART OF THIS ACTION:
0
0
1Z6
41104
of References Cited by Examiner, PT0-Bat
3. Notice of Art Chaed by Applicant, PTO-1449.
L
.
2.
Note of Drafteman's Patent Drawing Review, PTO.948,,
4.
Notice of Informal Patenthpplication, PT0-152.
6.-0
Infortnallon on Hlow to Effect Drawing.Changes. PTO- 1474.
________________
*Part 11 SUMMARY OF ACTION
(~Icain1?1-3
2
1V
Am pending In
the application.
Of the above, claims
areDwIdt"nfromI consideratlon.
Clamse
4Clalms
L.
bcanoed.
14 ' F tare
ed
rejected.
ClaOwns
are oblected to.
LO CIaltne
suabect to resMon or eiectlon requiremnt
7. O This application has been filed with Informal drawlngs.under 37 C.F.R.-1.85 which are acceptable for exerrnalloni purpoes.
S. E Formal drawings are required In response to t1his Office action.,
9.L3The mc
ruc&
are 1ac8001"
sftt drawings have been refthred on_ _______
Under 37 C.F.R. 1.il4l these drawings
0 not acceptable (see-explanation or Notice of Drialtman's Patent Drawlng Review, PTO448),
15. O The Proposed, additonal ot subsfltute sheet(s) of drawkgs, filed on
examriner:'
_
_____
3 disapproved by the examiner (se explaoon),
11.01 The propoeed drawing correction, flied
.has
has (hav e)been 0lapprowedby the
been bapproved; 13disapproved (see explanabion).
12.OA'dnowlecgernent Ismadeof thecsalinwt.r priotyuneru3 U;SC.l19. Theso"elcopyhas -O3beenreolved O3not been received
D3beenfSodIn paent applicaftni sirlal no,
;filedon_______
13.0 Since this applicbo
0Opppfars to be Incondition for aliowance except for formal mufftera, prosescuion as to the maet Isclosed.in
accordance with'the practice under.Ex pails Quayle, 1935 C.D. 11;:4830.0.213.
___
_
14.JOther
iXAMNERS6 ACLION
Serial No.: 08/513,298
Art Unit:
2304
Part III
2
DETAILED ACTION
Notice to Applicants
1. This office action is responsive to the preliminary amendment
filed on October 20, 1995.
As per request, the amendment mailed
on July 10, 1995 of the parent application,' serial number
08/274,394 which was abandoned on October 16, 1995, has been
enter.
2.
In the amendment filed on July 10, 1995, claims 1, 5-7, 11-
13, 17-22, 31-32, 36-39 have been amended.
been canceled.
3.
Claims 29-30 have
Thus, claims 1-28 and 31-39 are pending.
The rejections under 35 U.S.C. § 112, second paragraph, have
been withdrawn upon the amended claims.
Claim Rejections
-
35 USC 5 163
4. 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 may not be obtained though the invention is not
identically disclosed or described as set forth in
section 102 of this title, if the differences between the
subject matter sought to be patented and the prior art are
such that the subject matter as a whole would have been
obvious at the time the invention was made. to a person
having ordinary skill in the art to which said subject
matter pertains. Patentability shall not be negatived by
the manner in which the invention was made.
Subject matter developed by another person, which qualifies
as prior art only under subsection (f) or (g) of section 102
of this title, shall not preclude patentability under this
3
Serial No.: 08/513,,298
Art Unit:
2304
section where the subject matter and'the claimed invention
were, at the time the invention was made, owned by the same
person or subject to an obligation of assignment to the same
person. 17-28, 31-35 and 38-39
5.
Claims 1-12, 14-28 and 31-39 are rejected under 35 U.S.C.
§ 103 as being unpatentabie over Beckwith et al (4,660.,157) in
view of Behensky et al. (5,005,146) or a brochure from Atari Game
Corp. (Hard Driving') or a brochure from Atari Gime
Corp. (Steel
Talons) and further in view of Ulrich (an article entitle
"Tactical Mapping in Combat Aircraft"), or Jacobs et al. (an
article entitle "Fractal Image Compression Using Iterated
Transforms Applications To DTED"), or-Raymer et al.
(Advance
Terrain Data Processor), or Patrick (Itars Robust Demonstration
System Integration).
5.1.
With respect to claims 1, 5-7, 11-12, 14-16 and
36-37, Beckwith et al. discloses a digital-sybtem for producing a
real time video display in perspective of terrain over which an
aircraft is passing on the basis of compressed digital data
stored on a cassette tape (see at least an abstract).*,Beckwith
et al. discloses that the system includes a position determining
means for locating the ai rcraft's position in three dimensions
and an attitude determining means for deterining the aircraft's
orientation in three dimensional space (see at least figure 1.and
columins.5 and 6).
Beckwith et al.. further discloses that the
system includes a digital data base means for storing a
compressed terrain data (see at least the abstract)
.
Beckwith et
al. also discloses a computer means for reading compressed
Serial No.: 08/513,298
Art Unit:
2304
4
terrain data fxom the digital data base means in a,controlled
manner based on the instantaneous geographical of the aircraft as
provided by the aircraft navigation computer system,
reconstructing the compressed data by suitable processing and
writing the reconstructed data into a scene memory, and then
providing a 3D perspective on the display (see at least columns 2
*and 3).
Beckwith et al. does not explicitly disclose that a digital
data base means containing polygon data representing terrain and
manmade structures.
However, Behensky et al. suggests a driving
simulator for a video game which includes the road and other
terrain are produced by mathematically transforming a threedimensional polygon data base (see at least column 2, lines 3338).
The suggestion of Behensky et al. in at least column 2
would have motivated one of ordinary skill in the art to combine
with the system of Beckwith et al. in order to provide a
significant reduction of data base storage and a larger
geographic areas can be stored so that it is not necessary to
generate a data base of each mission.
Sim.ilarly, the digital
data base means containing polygon data representing terrain and
manmade structures is also taught in a brochure from Atari Game
Corp. (Hard Driving') or a-brochure from Atari-Game Corp. (Steel
Talons).
Behensky et al., the brochures of Atari Game Corp. do not
explicitly disclose that the terrain data is generated from
5
Serial No.: 08/513,298
2304
Art Unit:
elevation data of the real terrestrial terrain.
However, the
feature is well known and old (see Ulrich, Raymer et al., Jacobs
et al., and Patrick, for examples ).It would have been obvious
to one of ordinary skill in.the art at the time the invention was
made to incorporate the teaching of Ulrioh, Raymer et al., Jacobs
et al., and Patrick with the system of Beckwith in order to
improve the system for pilot aid by providing displaying large
qantitates of carto graphic and mission data including terrain
elevation data and cultural feature data.
Thus, because of the motivation set forth above, it would
have been obvious to a person of ordinary skill in the art at the
time the invention was made to combine the teachings of Behensky
et al. or the brochure from Atari Game Corp. (Hard Driving') or
the brochure from Atari Game Corp. (Steel Talons) with the system
of Beckwith et al., and Ulrich, Raymer et al. or Jacobs et al. or
Patrick.
5.2.
With respect to claims 2-3 and 8-9, Beckwith et
al. discloses the claimed invention as discussed above but does
not explicitly discloses that the position determining means
comprises a standard system for retrieving and processing data
from the global positioning system and the attitude determining
means comprises a standard avionics systems.
.However, the use of
the standard system for retrieving and processing data from
global po sitioning-system and the standard avionics systems are
well known effective and efficient means for determining the
6
SeilNo.: 08/513,298
Art Unit:
2304
position and the orientation of the aircraft.
For examples, the
Maher patent (4,485,383) shows a receiver for receiving global
positioning system and the Timothy patent shows a method for
determining the orientation of a moving object form a single GPS
receiver and producing roll, pitch, and yaw information.. It
would have bean obvious to one of ordinary skill in the art at
the time of the invention to utilize the global positioning
system and the standard avionics system in such a system as
taught'through Beckwith et al. because it would produce high
degree of accuracy in determining the position and orientation of
the aircraft including roll, pitch, and yaw information.
5.3..
With respect to claims 4 and 10, Beckwith et al.
does not specifically disclose -that the digital data base meabs
comprises a CD rout disc and CD rom drive.
However, the use of CD
rom disc and CD romt drive for storing data is well .known
effective and efficient means for storing any data.
It would
have been obvious to one of ordinary skill in the art at the time
of the invention to utilize CD rom disc and CD rom drixie in such
a system as taught through Beckwith et al. because it would
permit high degree of accuracy in the storing and restoring data,
random access to the data so that the requirements for cache
storage are reduced.
5.4.
With respect to claims 17-28, 31-35 and 38-39,
both.Patrick et al. and Raymer et al. articles disclose the
detail about elevation data.
7
Serial No.: 08/513,298
Art Unit:
2304
6.
Claim 13 is rej ected under 35 U.S.C. 5 103 as being
unpatentable over Beckwith et al and Behensky et al. as applied
to claims 1-12 above, and further in view of the sales brochure
from the Poihemus company.
Beckwith et al. and Behensky et al. disclose the claimed
invention except for a head mounted display means worn by the
pilot and an attitude determining means for determining the
orientation of the pilot's head in three dimensional space.
However, the sales brochure from the Polhemus comipany suggests
the commercial available of a position and orientation sensor
which can be used on a head-mounted display.
The suggestion of
the Polhemus company would have motivated one of ordinary skill.
in .the art to combine the teaching of Polhemus company with the
system of Beckwith et al. in order to allow the pilot to have a
complete range of motion to receive a synthesized view of the
world, a complete unhindered by the aircraft structure.
Thus,
because of the motivation set forth above, it would have been
obvious to a person of ordinary skill in the-art at the time the
invention was made to combine the teachings in Polhemus's
brochure and Beckwith et al. patent.
7.
All claims are rejected.
8
'Serial No.: 081513,298
2304
Art Unit:
Remarks
8.
Applicant's arguments filed on July 14, 1995 have been fully
considered.
Upon the amended claims which contain new issue and
the further update search, new ground of rejection has been set
forth above.
9. Any inquiry concerning this communication or earlier
communications from the examiner should-be directed to examiner
Tan Nguyen, whose telepbone number is (703) 305-9755. The
examiner can normally be reached on Monday-Thursday from 7:30
AM-6:00 PM.
If attempts to reach the examiner by telephone are
unsuccessful, the examiner's supervisor, Kevin J. Teska, can be
reached on (703) 305-9704. The fax phone number for this Group
is (703) 305-9564.
Any inquiry of a general nature or relating to the status of
this application should be directed to the Group receptionist
whose telephone number is (703) 305-3800.
TAN NGUYEN
December 16, 1995
-
TO SEPARATE. HOLD TOP AND BOTTOM EDGES, SNAP-APART AND DISCARD CARBON
FORM PTO-0O2
(REV. 242)
U.S.ODEPARTMENT OF COMMERCE
PATENT AND TRADEMARK OFFICE
SERIALN0.
&
NOTICE OF REFERENCES CITED
RMOUP ARTLUNIT IATTACHMENT
~1 ~
PAPER
APPLICANT(S)
PATENT DOCUMENTS
________U.S.
ATENAM
DOCMEN
DCUMNT
DAT
IC. NO.
*
A)'lTO
____
NAE
_____
FILING DATE IF
APPROPRIATE
SUB.
CLASS
CLSS
CASS
A
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F
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FOREIGN PATENT DOCUMENTS
IL
I
I
CSB
CLASS
NAME
COUNTRY
DATE
D OCUMENT NO0.
IDWG
SERITS.NPP
PEC..
M
N
0
p
OTHER REFERENCES (Including Author, Title, Date, Pertinent Pages, Etc.)
~LfCAJ
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UNITED6 STATES DEPARiTMENT OF COMMERCE
Si
OgSERIAL NUMUER
101IC DAE
08/513,298
I
08/09/95-
P~ateicen Titademark Office
Address: COMMISSIONER OF PATENTStAND TRADEMARKS
IIWashington, D.,C. 20231 .
IS?NME
IArrOWNEYDCENO
PLICANT
MARGOLIN.
r
UXAMINUM____
EDWIN HTAYLOR
PAP/ONMOC
AR UNIT
.BLAKCELY SOICOLOFF. TAYLOR & ZAFNAN
12400 WILSHIRE BLVD SEVENTH,.FLOOR
LOS ANGELES CA 90025
-
1M4
MAm
ExAmiNER INTRVIW SUMMARY REORD
03/15/96
All participants (applicant. applicant's representative, RTO personnel):.
(2)
(41
T-FVpel01phnlc
0 Personitconlsglvoto .appincant
Exhibit shown or dernornitration conducted:
wlcisepeestw
0 Yes % o.If yes, brief decrption:
Agreement )dureached with respect to som or ali of tha cldons Inquestion.
ldantificstion ofprior art dscuesed:
&SNEil!CV
0 vAs not reached;'
LPCI-SAYk99
r,1V Al
XCB
Dowr*don of the geoewal nature of v4hat wee agreed to if en jsoirlWS wase reacloed, or any. other comments:
&MAWa
vo)u
t ine4 fAo
RjWt
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(A fuller description. If necessary, end a copy t the ameondmets. If avuilable which the examiner agreed would render the claims allowebie mont be
arttached. Also,whens no copy.?f the amendnments which would rendor theiclairs allowable Isavailable, iynmary thereof must be attenihod.)
Unless the paragraphs below hive been checked to indicate to the cntrary. A FORMAL WRITTEN RESPON'SET.7 THE LAST OFF ICE ACTION IS
NOT WAIVED AND MUST INCLUDE THE SUBSTANCE OF THE INTERVIEW Weig.Items 1 -7 on the nrvin side of this form). Ifsa response to the
last Office ection has already lidenfilied, then applicant Is given One Mpnih from this ipterVlOw date loprovictoeestatement of the substanceof the Interview.
(not
necessary for applicant to provide eseparate record of the subrtanceof the Interview.
01 Since the exernineet Interview sumimary ebove (Including any 1111chosenti refleIn a comuplete response to each of the objections, reIectioflsand
requirements that may be presimt In the last Officeoactlon, andsInce t1he ciahms are nowalloeable, this completed form Isconsidered to fuifili theresponse requirements of the last Office action.
PTC.43
lV1.41ExamineesSintr
ORIGINAC FOR INSERTION 'INRIGHNT HAND TLAP OF 0f12 WRAPPER
04/19/98
FRI 00:18
PAZ 408720agv3__
D 5 T1& Z
02055.P002C
iN THE uNr1TD STATES PATENT AND TRADEMARK
omwia
JeMro*Examiner: Nguyen, T.
Art Unit-
2304
O FCA
f
FIle: August 9, 1995
i~
For. Pilot Aid Using Synthetic Reality
This is a Continuation of:
Serial No: 08/274.394
'Filed: July 11, 1994
OV
Hon. commissioner of Piatet and Trademarks
Washington, D.C. 20231
Sir:
This amendrmt and r0nark is responsive to the EXa1niner 111tt-MiOW SmnamY
mailed on March 15,.1995 and the telephonic interview with the Examiner OR April 15,
1996. During the interview on April 13,.1996, thy Examiner indicated that the application
would be allowed if a response was filed with, the remark contained below. Althougb the
Exuminer and Applicant did not discuss the following amondments, Applicant believes
these amendments have no affect on the ullowabilty of this case. If the Examiner
determines that these amendments affect the ullowability of this cafe, Applicant requests the
Bxaminer contact the Applicant Applicant would like to tank the Examiner for the
thorough searc performed in this case, as weUl as the Examiner's effort Inunderstanding
the invention claimed. Applicant looks forward to receiving the notice of allowance in~ the
next couple of weeks.ard,pnz
I hoicby cmnt h'i
to the UnitW %;S'1t
Nam
SIaWWn
Dow
Is Wa~g nmosti by fusimite
=
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in somdance with 37 LWRS§ 1.6(d), an the date shown bdlow.
conift WSM
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*
P34/19/90
FRI 0O:10 FAX 4057209397
DESTI Za
2i
In the Mntns:
Pleaso replace "2W"in line 1 of claim 31 with -38--.
Plea replace "23"1 ifie 1 of claim 32 with -39-.
Please delete "by" from the last line of claim 39.
Claims 1-28 and 31-39 remain in the application. No claim have been canceled.
Claims 31 and 32 have been amended,
Prior to this amendment, claims 31 and 32 were mistakenly left.dependent upon the
wrong claim By this amendment, claims 31 and 32 are now depen dent on allowable claim
38. For the Examiner's convenierice. Applicant points out that claims 33 and 35 are
dMorudent on claim 31,while claim 34 is dependent on claim 32. lIthe Examiner
detormime that then armndments affectthe ullowability of this case, Applicant requests the
Exarnmner contact the Applicant who will promptly fix or cancel these claims.
35 U.S. C. 5103 rejection, over Beckwith in view of Behenky
The Excaminer haa rejected Clairns 1-12, 14-29. and 31-39 under 35 U.S,C. 1103
as being obvious over Beckwih.t '("Beckwith") in view of Behonsky ek lCr9chonsky'l or a brochure from Atori Game Corp. (Hard Driving) or a brochure from
Atari Game Carp. (Steel Talons) and Aurthor in view of Jadrsh, or Jaosbcttl, or RUxna
zUL oratr&k As toIBOOM&.adhWe
dtheA of tribrochures, theApplicant
incorporates herein by refecrence the arguments made inthe Response
Alter Final submitted
in the patent application on July 10, 1995, and entered in this application by the
Preliminary Amendment fild oi October 18, 1995. As stated lethe Response tiled on
July 10. 1995, the Bnuit, Behengky, and two Atari Gaem Corp. brochures, taken
individually or in combirtatioa, do not reach or make obviou apolyion databae
AfomeY Docket # 02055 .P002CApisonN.OS539
APpHeadon No,; 091513A9R
04/1G/0s
FRI 0O:1B PAZ 4087209397
__
BST&Zt0
rpresentinig real berttstrial terrain wbcme that polygonr database was generated from
elevation data of real taeretrial terrain (see Claim 1,7, and 36). As agreed upon by the
al-, RiyMgtretid and Patick, taken
Uilaef tan
Examiner and Applicant,DQ
individually or i combination, also do not tahor make obvious the polygon database
contained in claims 1,7, and 36. Since none of the references cited In this rejection,
individually or Incombination, teach or make obvious the invention as claimed, Applicant
respectfly requests the Bxaminer allow claims 1,7, and 36 as agreed upon by the
Examiner and Appicant. Although Applicant aruarwound references cited inthis
rejection, Applicant does not concede that there isa, suggestion to combine these references.
Claims 2-6, 8-12, 14-15, 17-18, 20421, 23-24, 26-28, 31-35. and 37-39 of
Applicant's present invention are each dependent on one of allowable base claims 1,7, and
36. For at least these reasons, Itis respectfully submitted that the rejected claims arm
allowable over the cited prior at.
35 U.S.C. 5103 rejection. over Beckw~Uh In view of RhoAbgi, andfurher in view of the
sales brochure frmn the Polhemus Company
The Examilner has rejected Claim 13 under 35 U.S.C. 1103 as being obvious over
Behkwih and Hhesky in view of the sales brochure from the Poihemus. Company. As
previtnsly stated, the Rackwith and Beanuky references, taken individually or in
comnbination, do not (each or ranke obvious a polygon database wMpesnting rel terrestrial
terrain where that polygon database is generated from elevation data of real terrestrial terrain
(see Claim*13). As stated In the Office Action mailed January 22, 1996, the sales brochure
from the Polhemus Company "suggests the commnercial available [sic] of a position and
orientation sensor which can be used on a head moonted display". The brochure from
Poihemus Company clearly dock not teach or make obvious the-above-described polygon
-database. Sinc none of the references cited Inths rejection, individually or in
combination, reach or make obvious the Invention as claimed. Applicant tespecadhIly
Attorney Dokot # 02055.P002C
ApiainN.
357,9
Application No.: 08/513,298
P4/19/96
FRI 09:19 FAX 4087201307
R BT &
te
z
rueost the Examine allow claim 13.a agreed upon by the ExamiDer and Applicant
Although Applicant argues around references cited in this rejection, Applicant does not
concede ftE there is a suggestion to combine these referatices.
Claims 16, 19, 22, and 25 are each dependent on independent claim 13. For at
least thene reantil, it is respoct&Uly submitted that these rejected claims are allowable over
the cited prior art
Conclujibn
As agreed upon by the Examiner and the Applicant, te rejections have been
overcome and the claims are now in condition ibr allowaxice. Accordingly. Applicant
respectfully requests reconsideration of this application, withdrawal of the objection, and
allowanceofctbe claim.
Invitationfor a nelephon interview
The Examiner is irrvited to oall the undersigned at 408-7204598 if there remains
any ismu with allowance of this cue.
CMarge ourDeparitAccomnr
Pleas charge any shortage to our Deposit Account No. 02-2666.
No. 37,313
Date:Reg.
12400 Wilshire Boulevard
Seventh Floor
LosAnele, alioria90025-1026
Attorney Docket # 02055.P002CAplctoN.:0/1,9
Application No.: 0111513,298
)4/19/96
FRI 09:18 FAX 4087209397
BLAKCELY
SOKOLOFF
TAYLOR &
ZAIFMAN
BlS T&AZ
1279 Oakmmea Patrway
Sunnyvaie, California 9408
(408) 720-8508B Telephone
(408) 720-9397
FacsIIle Tan2ittal. Sheet
FacisImile
A Partnership intluding
Date 0411J./I6
Law Corporations
OFFICIAL
[Deliver to: Tan Nguyen
AixNo
(?3)308-5358
EROM BIUZ
To Firm: U.s. PATENT AND TwAEMARK OFFCFf
Pram: Daniel Do Vos
Operator: Connie West
Page 1 of .-.L..
Phone:
Your Ref: Appllc. No.: 08/513,298
Our ReII: 002055.PO02C
Title: Pilot Aid Using Synthetic Reality
96
Ct
Enclosed please find ani Amendment and Remark responsive to the Examiner Interview
Summary mailed on 3-15-96 and the telephonic Interview with the Examiner on 4-1 8-9a.
The documents accompanying this %*I
!Tki
9T
Taylor A 7-ofmmn which Is confidantiaSoarIyloged. Thao Iformation
elo from t-law finm of Blakuly Sokloff
intended to be for Voeus. of the Indivdual or
stity named an this transmisulon sheat. If you Ore not the Intemis recipient be aware that any disciomure,
copying, distribution or use of tecontents of this faxed information prohibited. If you have received this facsimile
In error, please notify as by .tolphn Immotgoaely so that we can srong* for the retrieval of the originul documents
at no cost to you.
IF YOU EXPERIENCE ANY DIFFICULTY IN RECEIVING THE ABOVE PAGES, PLEASE CALL 1409) 7204595 AND
ASK FOR THE OPERATOR NAMED ABOVE.
ora
Af
.Address. 'COMMISSIONER OF-P. TE T'ANU.
W ahtngto ev'DC :2 2 t t*),
4h
it
-FIfWM41Pj5-'
MARG iLdft.T NAMEDiiPPLICANT.
AO MA K
DOIC
No.
NGUYEN, I
EXAMINER':
EDWIN H TAYLOW.
ZAFJIAN
BLAKELY. SOKOLOFt TAYOR Mg,
1 4.()O. W1I_SH,XRE:91_ Vb SEVENTH FLOOR
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11.the:-*1aitnt15aIhg alldwable- PRO$ECUTION'ON THEVMERITS,.13-,'(O%-ftWMNSY'"OSED',Ih 4hls' PPIICOIldh,';It not' included;,' .
T
herewith -lop previously malled), a ,'Nollce Of.,Allowilmod.-And-Issue Fee" Dt%e 4Dr-othet-approOrisite:communiceilon wlll.be sent In,clue
course
CI&
-.3
The allowed claims as.
A'
The drawings filed on I- AvV l3t 1-5
acceptable..
IJ!Ackrfowledgment-is,rhade of'the. claim,,for:priotiti.uriderl:35%U.S:C:--1-19*-.T.hi cerlifled',copyThas Ja). been,received., [-)'not been
received, (-).been -filed Imptuerit appilcation,Serial No;X-an-l'
filed'on
6. 0 Note the attachid-Examiirer's-Amendmorit. -7. 0 Note the allsichad Exannindr-Inteirview.-Stimmary Record. PTOL,Aa
8.X.Note.the .1it(ached.Examiner'sStat:ehiintotReasonslor.Alidwanc .':
9. 13 Note theattached NOTICE OF; REF ERENCES CITED,;,PTO;8qi 1
10. 0. Note the attached INFORMATION DISCLGSURj CITATION, PTO- 144
This t
37
PART If.
SHORTENED STATUTORY PERIOD. FORAES PONSE-10:'qbmply with:11%wrequirgmene noted below'lwa
EXPIR
at. to
-E -THREE MONTHS
,FROM TH E, "DATE MAILED" Indicated on' this form:- Failure 10 timely comply will -reWt In,the. ASANDONM ENT of this application.
Extensions of time may be obtained under the prOvittions of -37.CFR. 1.136(a). i
-1. 0. Note the attached EXAMINER*V AMENDMENT or NOTICE-OF IN176AMALIAPPLICATION,, PTOZ152, Which.discloses that
the oalh
or declaration Is deficient. A-SUBSTITUTE OATH OR DECLARAT16N IS REQUIRED:
2: 0 APPLICANT MUST MAKE THE., DRAWING. CHANGES 'INDICATED BELOW IN THE MANNER. 8 ET'FORTH. ON THE REVEKSE'SIOE
OFTHISPAPER.
a. 0 Orawing..informatities:are Indiested-on the, NOTICE" RE,.PATENT DFAWINGOI, PTO-948, attached hereto
or to Paper No.
:CORRECTION IS'REQUIRED.
I
: . * . '. - . .
.1 . I .
.
b. 0 The proposed -drawing coriscliSo..filed-on-..has.,been.approved by,the examiner. CORRECTION IS
REQUIRED.
C. 0'.APProved,draklng . correctlone.arsr 'described,by .is.1examiner In.1fie-altached EXAMINER'S1 -AMENDMENT: CORRECTION. IS%
..
1.1 .
REQUIREM : - .
d: 0 Fohnai drevvingb are now. REQUIRED.* - - - ----------------------
----------- - ------------------------ -- ---------- ----------- - --- --------
Any-responsa4to this 401ter,should-.include In'the uppier'.'right, halld-boLner;. the -followingAnformatilba Irol 11106. NOTICE OF-ALLOWANCE
AND ISSUE.,FEE DUEWSSUE BATCH NUMBER,1DATTE ORTHISNOTICE OFALLOWARCE; AND SERIAL NUMBER,,..
Atlechmenim.
- Examiner's Amenclimsm
- Examner Interview Summary Record. PTOL. 413
Notice of References Cited; PTO.89i
lniorhiettonDiwi0bureCIthtibn.P 021449-
- Notice of Informal Apolicallon. PTO- 152
- Notice re Patent Drawings. PTO-940 - Ustini; of Soncled Draftsman
_.Olher
.PIOL-37 (AEVA-W
U300111,11-DO 09-379.9
Serial No. : 08/513,298
2304
Art Unit:
2
I.,
EXAMINER' S STATEMENT Or REASONS FOR ALLOWANCE
II.
This communication is an Examiner's reasons for
allowance in response to application filed on August 09, 1995,
assigned serial 08/513,298 and titled "PILOT AIDED USING
SYNTHETIC REALITY".
The following is an Examiner's statement of reasons for
III.
the indication of allowable subject matter:
1.
After carefully reviewing the application in light of
the prior art of record,-the amended claims and additional search
of all the possible areas relevant to the present application,a
set of related prior art have been found, but those prior art
references are not deemed strong to make the application
unpatentable.
Thus, it is found that the application is now in
condition for allowance.
2.
Although the prior art disclose several claimed
limitations, none of the references teach. a pilot aid Which uses
an aircraft's position and attitude to transform data from a
digital data base to Present a pilot with a synthesized three
dimensional projected view of the world which includes a digital
data base comprising-terrain data representing real terrestrial
terrain as at least one polygon and said terrain data generated
from elevation data of the'real terrestrial terrain (claims 1, 7,
13 and 36).
3
Serial No.: 08/513,298
2304
Art Unit:
3.
The closest references have been found were Beckwith et
al., Behensky et al., Ulrich
Patrick.
,
Jacobs et al., Raymer et al.,
However, taken individually-or in combination, they do
not teach or make obvious a polygon database representing real
terrestrial terrain where that polygon database was generated
from elevation data of real terrestrial terrain.
4.
Claims 1-28 and 31-39 are allowable over the prior art
of record (now renumbered as 1-37).
Any inquiry concerning this communication or- earlier
IV.
communications from the examiner should be directed to examiner
Tan Nguyen, whose telephone number is (703) 305-9755. The
examiner can normally be reached.on Monday-Thursday from 7:30 AM6:00 PM.
If attempts-to reach the examiner by telephone are
unsuccessful, the examiner's supervisor, Kevin J. Teska, can be
reached on (703) 305-9704. The fax phone number for this Group
is (703) 305-9564.
Any inquiry of a general nature or relating to the status of
this application should be directed to the. Group receptionist
whose telephone number is (703) 305-3800.
TAN NGUYEN
June 17, 1996
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PTO UTLIUTY GRANTC
Paper Number=..La.
*The
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Has received an applicationforapatenrfora
new and useful Invention. The title and desOl'ption of the Invention are enclosed. The
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*Grants to the person(s) having tite to. this
patent the right to exclude b1hersfromn makIng, using, offering for, ate, or selling the in* vention throughout th United States of
America or importing the invention into the
United &ates ofAmerica for the term setrforth.
* below, subject to thepaynent of maintenance
* fees as provided by law
If this application was filed prior to June 8.
1995, the term of !is patent Is the longer pf
seventeen yearisfromn the date of grant of this
patent or twenty years from the earliest effictim 114 filing date of the application, subject to any statutory extension.
tthis application was filed on or after June
81995, the term of this patent Istwenty years
~froln the earliest effective U.S. filing date of
the application, subjct to anyrituroty ex4,
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UNITED STATES weiPARTMENT OF COMMERCE
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ASSISTANT SECRETARY AND COMMISSIONER
OF PATEhITS AND TRADEMARKS
Washington, D.C. 20231
CHANGE OF ADDRESS/POWER QF ATTORNEY
FILE LOCATION
9200
SERIAL NUMBER 08513298
PATENT NUMBER 5566073
THE CORRESPONDENCE ADDRESS HAS BEEN CHANGED TO CUSTOMER #
THE FEE ADDRESS HAS BEEN CHANGED TO CUSTOMER #
23497
23497
ON 08/11/00 THE ADDRESS OF RECORD FOR CUSTOMER NUMBER
23497 IS:
dIED MARGOLIN
3570 PLEASANT ECHO DRIVE
SAN JOSE CA 95148-1916
PTO INSTRUCTIONS: PLEASE TAKE THE FOLLOWING ACTION WHEN THE
CORRESPONDENCE ADDRESS HAS BEEN CHANGED TO CUSTOMER NUMBER:
RECORD,-ON THE NEXT AVAILABLE CONTENTS LINE OF THE FILE JACKET,
'ADDRESS CHANGE TO CUSTOMER NUMBER'. LINE THROUGH THE OLDADDRESS ON THE FILE JACKET LABEL AND ENTER ONLY THE 'CUSTOMER
NUMBER' AS THE NEW ADDRESS. FILE THIS LETTER-IN THE FILE JACKET.
WHEN ABOVE CHANGES ARE ONLY TO FEE ADDRESS AND/OR PRACTITIONERS
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THIS FILE IS ASSIGNED TO GAU 2304.
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