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$CARO CARBON ______________ FORM PT0OI2 o -5(3t2cl i( U.S. DEPARTMENT OF COMMERCE PATENT AND TRADEMARK OFFICE (REV. 2-92) SERIAL NO. ROUPARTUNMIT ATTACHMENT a.rTO 1 NUMBER NOTICE OF REFERENCES CITED ' PAPER 7CJLL _ APPLICANT(S) MAPOLUJN _____________ PATENT DOCUMENTS _______U.S. COCMEN DTESUS. bCMNNODAENAME ____ _____ N. CLASS FILING DATE IF APPROPRIATE CLASS g 06/77 L-FW)e;, IqD'g D-;e4-w74 FTr~RL. -3# 101 4410 1 S7 64/&7 c4 910 67?4 031?o L"~C4Cu3 .4 A4 v; q 14 6L (9 G ('44l .1 D 1. 9 FT* aT4.61f4y 1/9 3 fcpAvU5070 07-AL. 34& 16 1 3 .91 1 , 33qL 01u __70 t-rT4 Ps/t ye/q 3q-6 q7a ~ ssT -qf- /4-070S- A- - _ _ FOREIGN PATENT DOCUMENTS DATE DOCUMENT NO. ., CLASS NAME COUNTRY CLASS SHTS.NPP. _______DWG SPEC,. L N 0 OTHER REFERENCES- (including Author, Title, Date, Pertinent Pages, Etc.) 5vCutIcKOV ?61klV 6r~p& A k1 Svrvi Sa , 54Qt4 kivtwt& 6757 CoC#i. Pr A4I&Ml 14 Wb a qm -- o 1(3 475v?_r 2 U EXAMINERDAT c V.othsreference isnot being furnished with this off ice action. (SeWanalof Patent.Examining Poeue Bcin770 a. Forn P r0 949 (Rev. 10-93) Form fODEPARTMENT 948(Rev. 0-93)U.S. OF COMMERCE - Palenaad Trademark Office 2 7V.3 3tr Application No. AplaboN.2 NOTICE OF DRAM'TPEAISON'S PATENT DRAWING REVIEW P17o Draftiersons; review all otiginally filed drawingp regardleits of whether they are desipnated as formal or informal. Additionally, patent Vxaminers will review the.drawinps for compliance with the regulaions. Direct telephone inquiries concerning this review to the Drawing Review Branch, 703-305-8404. ,/C... -am 'The drawings tiled (imnr da)7 LL A.,. nmtobjected to by the Aftiiirli undbr37 CMR 1.84 or LI 52. DB4,,.ojcthed to by the Drafthperson under 37CF)t 1.84 or 1.152 a lVI cteleow. The Examiner will require submlsuion of new, corrected! drawvingis when neceasary. Corrected drenwlnp$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 r:.G.FIt Afl'RAVJ !V CLASS MUCLASSiJ Sheet 1.of 13 t~ 5566073 >1 rim 0 P (obL9 Sri I n -T 0 H Q Q) 'UA >U IP -1--Ln 7- -7 r-I f 0 -- C APPROVM BY 06.FG 0.G.FIy! -KASrSBI45j Sheet 2 of 13 rd V 4) ri O>i Q04 H ~d04 1dm V sri 0 I:irn IL fd' U) Q 1 0 jJ a)41 Hum 16.1>1 0U) C) 4) 04 0 U ILI IU (d 'U 1 0r H Nl m H H- 0 0 -7-0 H .- 0 Hi r-I r-i 61- Sheet 3 of 13 BY CLPA-1.SUBLC OH 0) a ra Th *ru. T> '4 0 2L -r1bri 0 -HH 0Wu 00 mrd 4170 -7 0 0 H ri APPO .L FIG. Sheet 4 of 13 >1 '1~ u' 02 *r4 rz4 00l,U 0 mI. )I 00I HUu tvLO 'U w.44. (d. 4 U U >' ) 00 H l U APPOE Dy ORAF?SMAN 4 - 51 1.G. FIG. 'CLAS'S SUBCLASS _ _ Sheet 5 of 13 kyI APPnDVD BY 0.0. FIG7 CLASSWEgcus$ fROISA?II Sheet 6 of 13 O ~S1W2ci~ APPPOVED oY 0.0. FIG. CLASS7SUBCLASS Sheet 7 Of 13 x N 0' r14 U, *rI C', (U N n-I ri.1 L y AS AS SU C Sheet 8 of 13 D,A~S~1 j *r4 S 0 a) >1 wj . 0 S .-5131 -? i Sheet 9 of 13 I N-5 (: 27 H APPROVED gy O.G. FIG. t!A7SSSBCLASS 0 -9-5 / 3, .2 c7 ..K Sheet 1eO -of i3 ORAFTSMAII In (1 clH (n H In C4 N40 mn HHH N4' APPROVEDI Iy V 0.. FIG. CLASS SUBCLASS[ irlALSAITSSU Sheet 11 of 13 I. '-I H r1 m 7V7 Fm clqN i C" H APPROVED 0. G. FJIG. Sheet 12 of 13 09-5t3l Z? ORAM?MAN u L1-4 Nl 'H Lu IQ CN *H "14 rl Az , APPRO.G.J4 *YjCLASS S.UBLT Sheet 13 of 13 m H, M' .N A 209-20 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 _87 (024 -B471~ D. g3j, 7 PATENT DOCUMENTS &UILLVVap t&EIZ qS NACL U4r. Vf L _____ CLASS SUBCLASS FILINC DATE IF APPROPRIATE T~AL ?+ 39& _ ___ 6 _ _ _ E K FOREIGN PATENT DOCUMENTS * DOCUMENT NO. DATE --- --- --- CCUTYNMECAS COUTRYNAM CLSS SB CLASS _______OWG M N 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 EMbft 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; .1-9 wpn -4 I I W1/r1At ten rj~Ain pocvn a leanne Rrize. at ~~Oj1 e. - al L4 6L le4r;&a (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 Cs ~AAX?tr~Z 4%~Ac~ 4'~r~ t Aa A- A ./01 Z24t JALCA-, fl-C42-C2 liD 1BS NAVY DAACOM- SCREENCD ity OTHfER P'Tq.1453 (12-80) * A Ei i - rt .t '. 1 4 J . . tQ.;a W9or7 DATE MIING FILE SFI..' Aul I., tIEO scitMSy LICENSE if AS GAV At LI rINO MCL TINA EN T l DK. OARCOM U >1 I NAVY AF (3 cl DOE 13 C 0 NASA 03 NSA - -0 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 I DATE 'AGENCY REPRESENTED LAcr taME 'o V041'1- 1- 'S. .... ~. ....--. L~.* - - - ~9~ ........ 'N .. - I Application or Docket Number. PATENT APPLICATION FEE DETERMINATION REC43RD CLAIMS AS FILED -PART I NUMBER FILED OTHER THAN OR SMALL ENTIn SMALL ENTITY (Column 2) (Column 1) DR ,7 41jla / klj 1 Effective October 1, 1992 NUMBER EXTRA BASIC FEE ).00 OTALCLAIMS minus 20 - INDEPENDENT CLAIMS minus 3 - MULTIPLE DEPENDENT CLAIM PRES94 CLAIMS AS AMENDED - PART 11. jColumn 1) (Column 2) (Column 3) SMALL ENTITY OR OTHER SMALL I HIGHEST' NUMBER PREVIOUSLY PAID FOR 11SING REMAI CLLAA 'M:N AFTE AMENDMENT AM NDI z w Total 9 1 Minus 5 Independent ADDITIONAL FEE PRESENT EXTRA X$11- Minus x$22w L3- FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM F 74OR'LfM30- 4; 1 IS- TOTAL .1110 w CLAIMS -REMAINING AFTER DM 6AMENDMENT 109 z -W IAT (Column 2) 1Cokmnn 3) HIGHESTNUMBER' PREVIOUSLY PAID FOR 'PRESENT EXTRA CLAI REMAINING1M FTEF DMEN ,* %LLI.-FAME;NDME . OR TOTAL ADDIT. FEE ADDIT. FEE. RATE Minus X$11. Minus x 37w IPRESEMNTATION CO MULTOLe DEPENDENTICLAIM (Cwmvi I) ADIDITIONAL FEE ADDITIONAL FEE OFt 3f HIG ESr NUMBER, pRE8ENT 'OPIEWOUSILY:- .."EXTRA ',J?AQFOW ,- x$22. x 74. ORt 230- OR 'OR TOTAL ADDIT. FEE L . . .; TOTAL ADDIT.-FEE RATE ADDITIONAL FEE ' OR 1=: ,(C" RATE -ADDI.tTIONAL. FEE.' RATE ' AODI'TIONAL" FEE 'OR 1x$1 1a Indepohdoint FIRSTkES9 A X 4161 'aiilpd iNDENTCLAIM NTAT16 .if the entry Inoolumn-1 ls,loss,thantheentry-inoolumo2;write..".O*in.wlumn.3, .-1floss 1. 1.1. TOTAL Ifibe.. .ghost, Number Pyovibbay'Pold -For tiian20,1ep6r'W": AODIT, *;:FEE . jN;THts;sPACE 11 1 .. "'If the -HIbtWst NuMliefOrWbusly-oalti oar I ..noi--mloheit-Nurnbk.Pmvlously,PWd Fort( 66taWorj!n&Wegk Wtha,16"it hdffi6or4&tmd (AWsoorop "X$221i x 74, :OR F. ;% Ofl -+230ii R AL. --Abdl T7FEE.. xiri colulm I 1JA1r6H0AkTJANT.0P4b0h%iWtC8- EEEEHM. U)U z'~ c' a0 mm z ~I±iIm - 0 1 0 0 z0 j - 0 p 0 C0 -0 Wm m wl-z m G)-iU- C ow4 ~C) Ir 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 * PTO-1556 (.5 /87) - t&..Aaaa. - --.- ----- * .. - 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 410. imns .Date of Deposit CRtCI. Callm Name of Person Mailing Correspondence L2o~~~~4Signature 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 verified statement to establish small entity status under 37 C.F.R. §§1.9 and 1.27 Is enclosed. No additional fee Is required. The fee has been calculated as shown below: (Col. 1) Col. 2) Col. 3) SMALL ENTITY Remaining After Amd. Previously Paid For- Present Extra Rate 37 Claims m~ '.If - - ....... ** Mns~**~ ... Indep. 2If Minus 39 Additional Fee j -0 OTHER THAN A SMALL ENTITY Rate Additional Fee O H+20I-H. +240 FIrot Presentation of Multiple De9ndent Claim(sl the entry InCol, IeI loe than the entry InCol. 2, Total j jTotal write "0"inCol. 3. Add. Fee O Add. Fee If.the H1-ighest No. Previously Paid For INTHIS SPACE islees than 20, wrlte "20' Inthis space. the 'Highest No. Previously Paid For" INTHIS SPACE isloe than 3,write "S"Inthis space. The "Highest No. Previously Paid For' (Total or independent) Isthe highest number found from the equivalent box InCoi. 1of aprior amendment or the number of claims originally filed, A checkhIntheamnount of $_____ _ Isattached for presentation of additional claim(s). Applicant(s) hereby Peltion(s) for an Extension bit Time of _____ month(s) pursuant to 37 C.F.R. § 1.136(a). Acheckor$_______ Is attached for processing fees under 37 C.F.R. § 1.17. Rom_Plas charge mny Deposit Account No. 02&fli2 the amount of $______ A duplicate copy of this sheet Is enclosed. The Commissioner Is hereby authorized to charge payment of the following fees associated with this communication or credit any overpayment to Deposit Account No. 02-286if (a duplicate copy of this sheet Is enclosed): X. Any additional filing fees required under 37 C.F.R. § 1.16 for presentation of, extra claims. .X.... Any extension or petition fees under 37 C.F.R. § 1.17. 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: - (Col. 2) (Co. 3) SMALL ENITY Remaining After Amd. Previously Paid For Present Extra Rate 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 -Total write V0inCol. 3. 0 Add. Fee $ Add. Fee $ **lithe "Highest No. Previously Paid For* INTHIS 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 $_________ Isattached for presentation of additional clalis). Applicant(s) hereby Petitlon(s) for an Extension of Time of _______ Month(s) pursuant to 37 C.P.A. §1.136(a). atce o rcsigle ne 7CPA .7 Acheckfr$_______ Is atce o rcsigfe ne 7CFR .7 Please charge my Deposit Account No. 02-2M~f the amunt of $_ A duplicate copy of this sheet Is enclossd.. ....... The Commissioner Ishereby authorized to charge payment of the.foiIoQing fees associated with this communication or credit any overpayment to Deposit Account No. 02-2666 (a duplicate copy of this sheet Is enclosed): .X..... Any additional filing fees required under 37 C.PF.A. § 1.16 for presentation of 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 C E F G H 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 Tac+icat RI Pcd ifl CmWik 7< C A ,$hS1b Teftr ~vw 4~ A-rir/t rwr ~L~Pb2rL'J~ pet& m n t~ /#m1 9S&,L7 7 4zt6A UY coyoThsrfrnei o 2, f4 94 en frihdwt hsofc (See ManualsorePatenteExantbing Procedure, wthse cin ction fc a. 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 *"X=c~ "arm,a it, ONv1-(r, -j.r {erfigurt 4 afe, h 1 P~7kJ 04& P li st ,eJ* r ftt, eAAAd fthelt (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 = lSma = 0fflood Dk in somdance with 37 LWRS§ 1.6(d), an the date shown bdlow. conift WSM -Zs~ttJdA Andl 10. 199g * 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 -LOS''ANGELES M-900 5-. F 1. ;PATE MAILED: 00 TICE)0F,Aft0VrX8 IUTY 1 WPA .1.1 . .A J MAP OmMunicill0nisieSpOnsilvelo 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 *~~~ ~~~ *-.'-pq-''r ' r W,, * .-..z*......... -. UNIEMTTt ~ ENT OF COMMENCE -Patintiand Tridd arkOffIc4e7 I. ,Addres9W* BoR.ISSUE iEE' ."'.ommS5QN.OPAENTS AND.TRADEMARKS .4 V. IP01ITN H TAYLOR - , *fthedomrrun t N0T1CE,bF.ALL0WA .NICE ,-AND! ISSUE FEE, DUE DUAKELY SOICOKLCIFF*AL.# Z1AEMRjN 1241)0 WIL6$j41KRIY SL~4 --'VE2N.T14 I~ AnJwrm theEamirw SEPIES60DFJSO JALINO...' l To AL mmmsi- EXAMINER AND G &P ART UNM e %I Nam d Applicanie =N DA-ri MAILED P 1*LOT AJD US I P4G SYNTHETIC REAL ITY I,-. '.ATlYbDOOKETNO.'-:- i.CLASS-SUSCLASS,.I: n2ft.1111- pnn7of BATCH NO. :1" AP ATYPE -_r j....-s"6.ENTrry -.1 44':4 Ocin -f:lu; r. FEEDUE. DATEDUE i .:j THE APPLICATIONIDEN77P.7ESABOVE'tiASSEEN EXAMINiED.-AND,18,ALLOWEbFOR.ISSUANCEAs.A i:ffla$= T16N OAt THE MERITS IS CL PATENT. - - -,THE:1SSUE:FEEJWUSTBE PAID WITHIN. THREE moms momxw mAiumG.DATE OF Tkis-NoncE OR THIS %APPLICATION SHALL BE REaARDE&A$ ABANDONED. ZHIS STATUTORY PERIOD CANNOT BE EXTENDED. Ic lv !.WOW TO RESPOWTO -THIS Ifthe.SMALL.ENTITY.1s. shown As NO: 1.Review the:SMALL.ENTITY StatusIVshow.1 UF-shbw'n, above; or ',Ifih& SMALL. 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OFUNMT .. ..... vW...... - 'OT*4t'I ER ANO GROUP ART UNIT -DATE MAIL.ED i% :.~ t.a FirstNamed TM1.E OF .~.L.,lULA t 4.. - X ' .MidtAts -~ INWENTION .*. . LOS ANGELE6 CA, 90c. SERIES CODEREIAL (CnPIo0* Ihrs,eIseadcho) 2f)$CtU. *iNVENTORMs)ADDRESS CIWM .t. CORRESPONDENCE ADDRESS *0'~ PILOT AID LUSINQ SYNTHETIC fWfEAr, stVfflP4mN . I ATSDOCKET7i0.-, - *. . 'j LAS"-UB. LASS BACHNO. APPLA. TYPE* $14LJ* ENTITY iq.tt 'A L.W.1 I aJd$yho itI Ivj f,u.ii: Z*g~3~ft,~ n- I L ol; 24Ru J Iz 4. Forjti" 3. Correspondence aWdiresechaIpe (ComwilfJny NI W" Isawthangs) Jr r PEEDUE -A .Cshti ! ItIf -040 WT:07/12I76iQB5132985j ,2rnot Oi i,* Jd 2~4ZA oto "liomnt inaiii amefteNimoe ha * -- Blalcely. SokoroT, Taylor & Zatflaon 2 i frjaiuetuu. . VA~W2.Ih&IU. t.l3i9~$k , * rx.' . j &ASSINMENTOATAYToSEcpUIO oNTIEPAItTCr.'iw04JL f* r n OR. afteemnadvely. t" name of a ftin haeving aua membter a registered . 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ComM'issienarof-Patents.and'Tmademart&iBox Issue Fee, W eslilngton, DC 20231.. .~.* . . .. .. .-. -. . . . - .4 1 REVERSE PML-856 (REV. 1243)(0651-OM - ' - 4 *?,,,*j * .4. I 4 . I;,, , .. i IIN4 NtIO- - J REW>. N~ i..- ~1-4. r 4.. PTO UTLIUTY GRANTC Paper Number=..La. *The Commissioner of Patents and Trademarks Has received an applicationforapatenrfora new and useful Invention. The title and desOl'ption of the Invention are enclosed. The *requi remeants of law have been compled with, *and It has been determined thats a parent on the Invention shall ke granted under the law *. 7terefore, this T T~4+.A Q* 0*~ 0 Do.~i. *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, 0t Afl~OW" * lit * VU*ct ~V' CaswJnJa.erofP.venn s.d *1 V .3' 46 '4 tim ~ P10-1184 (Rn 5161 1 -' .1' . I~5 *,* *. ... I. A V. 4AV .. I (RIGHT INSIDE) G UNITED STATES weiPARTMENT OF COMMERCE Patent and Trademark Office. 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 OF RECORD, FILE LETTER IN THE FILE JACKET. THIS FILE IS ASSIGNED TO GAU 2304. PTO-FMD I TALBO-1/97 "Jt'.*"... :,. . ::, V. '1 jt' picaino oktNme PATENT APPLICATION FEE DETERMINATION RECORD Effective October 1,1994 1 /,3 a~G.- Aplcto-rDce CLAIMS AS FILED - PART I OTHER THAN OR SMALL ENTITY (Column 21 NUMBER FILED .FOR wie NUMBER EXTRA BASIC FEE TOTAL CLAIMS mns2 INDEPENDENT CLAIMS minum 3~ MULTIPLE DEPENDENT CLAIM PRESENT lthe difference In clumn I isIMa then zero, enter Ir in olumn 2 If CLAIMS AS AMENDED (Column 1) - PART 11 (Column 2) (Column 3) SMALL ENTITY PRESENT EXTRA RATE OTHER THAN SMALL ENTITY OR 'LAIMSHIES 4REMAINING NUMBER AFERPREVIOUSLY AMENDMENT, PAID FOR ____ RAE ADDIRAE TIONAL ADDITIONAL FEE * 4$11 = w ndepondenlt, Minus FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM +120= OR x$22= OR x76= OR+40 TOTAL (Column 1) (Column 3) ADDIT FEE PRESENT, EXTRA I RATE (Column 2) CLAIMS -HIGHEST 0REMAINING AFTERPREVIOUSLY .NUMBER AMENDMENT PAID FOR.____ z ~ * Independent1.. Mns FI7RETRENTATION OF MULTIPLE DEPENDENT CLAIM FEE TOTA 'ADDI-.TIONAL I. RATE FEE ADDITIONAL FEE x$11= OR[ x$22= K X38=: OR x76= +120=- OR +240= TOTA DDITFIEE RMIIGNUMBER AFTERt,. an . .EXTRA 1,* . . ,... . U .v.D, OR x$22= on x76= +2=O If Iheent;yIn'oolumn1 ils les hanth.ut* Inbolimm 2, Wils '07In OIumn 3 OTL WM67%i saluNmbrPatul Paid FV?IN THIS SPACEuIs sthan 20, emtf-W.. TOTA *Ifthe Highest Numbir-Praylously Paid Fbr'IN THIS SPACE Is lsithan 3,4enier 03,. AD- T FEO. The HIghist Number PrWvously Paid FoC'-(TotillobrIndependehl) luthe highest number found in lhe&p,rpriaox FoRm T48 RATE TIONAL' 7X38= Minu FIRST PR9EENTATION OF MULTIPLE DEPENDENT CLAIM Vt RATE x6tax$11 AUIndependent * AD01- 'PRESENT* PREVIOUSLY 'PAI FORFEE. AMENDENT + I 24 ADDITIONAL. FEE 0 A DIrT. FEEI fus;1 ar alTradenwc Offic, t1.S,.DEPkRTMENT o.comme: ____ I~t -- . * * K' ic11 mm G) M CQZ II. A.Aso 0 4 MM * ED k- COz 0, I> 0 o C -I .:u.I 0 0116 S - - -r -r - 2 w C) ---- M 0. 0 VI 0 0 - - 0 - -~ - -. C m - - C Ir - z C rnz K 03 m * . I. I I i a It ~ I *1 .... 4 .1 . * * -I- I - ii I a _- W It . 4 TA I, - -r - - K . 0 II T -~. -1~ S - -~. "0 .l~u I 9, <Ii A' I * I (A C "C c2 z m