HONEYWELL INTERNATIONAL INC.Download PDFPatent Trials and Appeals BoardOct 18, 20212021003006 (P.T.A.B. Oct. 18, 2021) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 16/043,854 07/24/2018 Sripathi Ramachandra 00194-0378-00000 3682 154879 7590 10/18/2021 Honeywell/Bookoff Intellectual Property Services Group 855 S. Mint Street Charlotte, NC 28202 EXAMINER CODUROGLU, JALAL C ART UNIT PAPER NUMBER 3665 NOTIFICATION DATE DELIVERY MODE 10/18/2021 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): eofficeaction@appcoll.com patentservices-us@honeywell.com usptomail@bomcip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte SRIPATHI RAMACHANDRA, MARK PEARSON, GREG CARLUCCI, and RICHARD SNYDER Appeal 2020-003006 Application 16/043,854 Technology Center 3600 Before JENNIFER D. BAHR, MICHAEL J. FITZPATRICK, and WILLIAM A. CAPP, Administrative Patent Judges. Opinion for the Board filed by FITZPATRICK, Administrative Patent Judge Opinion Concurring filed by CAPP, Administrative Patent Judge FITZPATRICK, Administrative Patent Judge. DECISION ON APPEAL Appellant, Honeywell International Inc.,1 appeals under 35 U.S.C. § 134(a) from the Examiner’s final decision rejecting claims 1–8, 12–18, and 20. We have jurisdiction under 35 U.S.C. § 6(b). Appellant requested an oral hearing on April 1, 2021, and a hearing was scheduled for September 27, 2021. However, on August 23, 2021, Appellant filed an express waiver of hearing, and thus no hearing was held. We reverse. 1 “Appellant” refers to the applicant as defined in 37 C.F.R. § 1.42. Appellant identifies itself as the sole real party in interest. Appeal Br. 4. Appeal 2020-003006 Application 16/043,854 2 STATEMENT OF THE CASE The Specification Appellant’s “disclosure generally relates to the field of aircraft display systems” and more specifically “relates to an aircraft display system via which stored flight data may be searched with a custom search query.” Spec. ¶1. The Claims According to the Final Action (entered June 22, 2020), claims 1–20 were rejected. Final Act. 1. However, four of these claims are not before us. First, it appears the Examiner overlooked that, in Appellant’s May 23, 2020, response, Appellant cancelled claims 9 and 19, which was Appellant’s right to. We proceed as if those claims are cancelled, consistent with Appellant’s Claims Appendix to the Appeal Brief. Appeal Br. 38–39. Second, the Examiner withdrew the rejection of claims 10 and 11. Ans. 3. Thus, claims 1–8, 12–18, and 20 are before us. Claim 1 is illustrative and reproduced below. 1. An aircraft display system, comprising: a memory module configured to store flight plan information; a receiver module configured to receive updated flight plan information; a display module; a user interface module configured to receive a custom search query, the custom search query comprising at least one of an aircraft parameter condition and an environmental parameter condition, wherein the custom search query includes a Boolean operator; and a processor module operably connected to the memory module, the receiver module, the display module, and the user Appeal 2020-003006 Application 16/043,854 3 interface module, the processor module configured to update flight plan information stored in the memory module with updated flight plan information received by the receiver and, when a custom search query is received at the user interface module, the processor module is further configured to search the stored flight plan information for flight plan information comprising aircraft parameters or environmental parameters that satisfy the aircraft parameter condition or environmental parameter condition of the custom search query and to cause the display module to display instances of the flight plan information containing the aircraft parameters or environmental parameters that satisfy the aircraft parameter condition or the environmental parameter condition of the custom search query. Appeal Br. 36. The Examiner’s Rejection The Examiner rejected claims 1–8, 12–18, and 20 under 35 U.S.C. § 103(a) as unpatentable over US 9,335,917 B2, issued May 10, 2016, (“Dostal”) and US 9,008,865 B2, issued Apr. 14, 2015, (“Joseph”). Final Act. 5. DISCUSSION Dostal discloses “an avionics display system and method for providing an enhanced HMI (Human Machine Interface) mechanism including continuous, sequential, and time-based navigation capabilities.” Dostal 1:6–10. The Examiner found that Dostal discloses the subject matter of claim 1 but “is silent on the ‘Boolean operator’.” Final Act. 6. Joseph discloses “a device for management, processing and control of the parameters used on board aircraft, commonly called avionic parameters or flight parameters.” Joseph 1:9–11. The Examiner found that Joseph teaches “wherein the custom search query includes a Boolean operator,” as Appeal 2020-003006 Application 16/043,854 4 recited in claim 1. Final Act. 6 (emphasis omitted). The Examiner’s finding is based on the following disclosure from Joseph: Tab 338 here comprises several fields that can be edited, including, a more or less detailed description 340 of the parameter; the type 342 of the parameter (for example complete, real, Boolean or character chain); the unit of value 344 for the measurement parameters (for example Kg, m/s or bar); the sign indication 346 for the digital values of the parameter; the resolution 348 of the parameter as well as the operating value range of the parameter (not shown); the specification 350 of the parameter; the description of the true and false states for parameters of Boolean type; and other pertinent information items depending on the parameter concerned. Joseph 10:8–24; see also Final Act. 6–7 (quoting the same but not providing a citation). The Examiner further found “Joseph teaches that these features are useful in order to standardize and harmonize the identification of parameters of aerodynamic vehicles.” Final Act. 7 (no citation provided). Although no citation is provided, the Examiner appears to be referring to column 2, lines 36 through 38, of Joseph, which provide: “In this way the invention makes it possible to standardize and harmonize the identification of parameters of aerodynamic vehicles.” Joseph 2:36–38. The Examiner concluded: “Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use these above mentioned features disclosed by Joseph with the system disclosed by Dostal in order to standardize and harmonize the identification of parameters of aerodynamic vehicles.” Final Act. 7. The Examiner has failed to set forth a prima facie rejection of claim 1. It is not clear from the Examiner’s rejection what the proposed modified system would look like or how it would operate, let alone how it would satisfy all the claim limitations. In particular, it is not clear how the Appeal 2020-003006 Application 16/043,854 5 proposed modification would include “a custom search query [that] includes a Boolean operator,” as recited in claim 1. For the general “custom search query” limitation, the Examiner identifies Dostal’s statements that “inertial reference system 118 provides processor 112 with information describing various flight parameters of the host aircraft (e.g., position, orientation, velocity, etc.) as monitored by a number of motion sensors (e.g., accelerometers, gyroscopes, etc.) deployed onboard the aircraft” and “the navigation system 104 is configured to obtain one or more navigational parameters associated with operation of the aircraft.” Final Act. 6 (quoting Dostal 5:35–50, 6:34–36). But the Examiner does not explain how the inertial reference system and/or navigation system of Dostal would have been modified so as to include a Boolean operator as part of a custom search query. Accordingly, we reverse the rejection of claim 1 as well as that of independent claim 12, which also recites “wherein the custom search query includes a Boolean operator.” Appeal Br. 38. The remaining claims all depend ultimately from either claim 1 or claim 12. Id. at 36–40. We reverse their rejection as well. See In re Fine, 837 F.2d 1071, 1076 (Fed. Cir. 1988) (“Dependent claims are nonobvious under section 103 if the independent claims from which they depend are nonobvious.”). Appeal 2020-003006 Application 16/043,854 6 SUMMARY Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–8, 12– 18, 20 103 Dostal, Joseph 1–8, 12– 18, 20 REVERSED Appeal 2020-003006 Application 16/043,854 7 CAPP, Administrative Patent Judge, concurring I agree with the majority that the Examiner’s rejection lacks sufficient detailed analysis regarding implementation of the proposed modification. Nevertheless, I write separately to express skepticism that Appellant has disclosed and claimed a patentable invention. Updating a flight plan inflight is a routine matter that has been performed manually by aviators for decades. See e.g., https://en.wikipedia.org/wiki/E6B (discussing history and use of manual slide rule calculators used in aviation since before World War II). Appellant’s invention, as well as those of the prior art cited by the Examiner, merely uses modern computer calculating and display technology to automate and simplify this well-known and well-understood manual task. A person of ordinary skill in the art knows how to query a computer system for information. Some computer applications use drop down menus, some use various point and click techniques, and other applications require the operator to input alpha-numeric text into a query box using either a keyboard or a voice recognition controller. Appellant breaks no new ground in techniques for eliciting information from computer memory. A person of ordinary skill in the art knows the various elements and aspects of flight planning. Each type of aircraft has a set of machine parameters that come into play such as gross weight at different fuel loads, engine thrust and fuel consumption which, in turn, interacts with performance aspects of cruise altitude and velocity. Practitioners are also familiar with environmental factors that influence execution of a flight plan, such as wind. Practitioners know that head winds and tail winds can affect aircraft ground speed and, therefore, the time that it will arrive at its destination and how much fuel it will consume enroute. Practitioners also Appeal 2020-003006 Application 16/043,854 8 know that actual environmental factors encountered inflight, such as wind at cruise altitude, can deviate from the forecast environmental factor that was used to prepare a flight plan before takeoff, hence the need to periodically update the flight plan inflight. Practitioners are familiar with: (1) the types of data that is used in making flight planning calculations; and (2) the various sources where such data may be obtained. Storing such data in computer memory requires no more than ordinary skill in the art as evidenced by the prior art cited by the Examiner. This case boils down to querying a computer for information and a means to display the result of such query. I see nothing that is particularly innovative when it comes to the particular features of Appellant’s user interface. Querying a computer with alphanumeric text together with Boolean operators is hardly new. Nevertheless, I agree with the majority that the Examiner’s rejection should have been articulated with greater detail and greater clarity. Appellant is reminded that the Board enters a new ground of rejection at its discretion, and no inference should be drawn from a failure to exercise that discretion. See 37 C.F.R. § 41.50(b); see also MPEP § 1213.02. Otherwise, I concur in the decision reached by the majority. Copy with citationCopy as parenthetical citation