Application/Control Number: 10/004,429
`Art Unit: 3661
`
`Page2
`
`DETAILED ACTION
`
`Claim Rejections-:- 35 USC§ 112
`
`1.
`
`Claims 2-3, 69-74 and 76 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 the invention.
`
`As per claim 2, lines 15-16 and claim 3, line 38, the antecedent basis for "said
`
`maintenance communication means" recited therein has not been set forth in these claims.
`
`Further, ori line 37 of claim 3, the antecedent basis for "said maintenance advisory" also has not
`
`been set forth and should be changed to "said maintenance advisories" to rectify the problem.
`
`As per claim 69, line 1, the dependency is unclear since there is no claim 645.
`
`As per claim 72, line 2, the phrase "configured to transmit digital data on said
`
`communication network" is technically unclear. Is it meant "configured to transmit digital data to
`
`said communication network"? Further, is the "digital data" to be transmitted on line 2 directed
`
`to the "digital performance data" recited in the parent claim 64? If so, "said digital performance
`
`data" should be recited. Similarly, "digital data" on line 5 also should be changed to "said digital
`
`perfon:llance data". Finally, on line 3, the antecedent basis for "said receiver" has not been set
`
`forth in the claim.
`
`As per claim 74, line 2, the antecedent basis for "said aircraft performance and control
`
`parameters" also has not been established.
`
`As per claim 76, line 2, the phrase "configured to transmit data on said communication
`
`network" should be "configured to transmit said data to said communication network" for the
`
`same reason as set forth above with regard to claim 72. Further, "data" on line 5 and .
`
`BOEING
`Ex. 1004, p. 136
`
`

`
`Application/Control Number: 10/004,429
`Art Unit: 3661
`
`Page 3
`
`"maintenance advice" on line 8 should be "said data" and "said maintenance advice"
`
`respectively in order to avoid the antecedent basis problem.
`
`Claims that have not been specifically indicated are rejected for incorporating the above
`
`errors from their respective parent claims by dependency.
`
`Claim Rejections - 35 USC§ 103
`
`2.
`
`The following is a quotation of35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclose~ 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 thaf 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.
`
`3.
`
`Claims 1-3, 64, 69-74 and 78-79 are again rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Smith et al (patent no. 5931877) in view of Kuroda et al (patent no. 5381140).
`
`As per claims 1-3, 64, 69-74 and 78-79, the reason for the rejection based upon the
`
`combined teachings of Smith et al and Kuroda et al as set forth in the last office action dated
`
`4116/04 is maintained and incorporated herein by reference.
`
`4.
`
`Claims 66-68 and 75-77 are again rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Smith et al and Kuroda et al and further in view of Monroe (patent no. 5798458).
`
`As per claims 66-68 and 75-77, the reason for the rejection based upon the combined
`
`teachings of Smith et al, Kuroda et al and Monroe as set forth in the last office action dated
`
`4/16/04 is also maintained and incorporated herein by reference.
`
`5.
`
`Claims 92, 93 and 95 are again rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Kuroda et al in view of Monroe.
`
`BOEING
`Ex. 1004, p. 137
`
`

`
`Application/Control Number: 10/004,429
`Art Unit: 3661
`
`Page4
`
`As per claims 92-93 and 95, the reason for the rejection based upon the combined
`
`teachings of Kuroda et al and Monroe as set forth in the last office action dated 4/16/04 is also
`
`maintained and incorporated herein by reference.
`
`6.
`
`In the "remarks" section of the amendment filed on 3/2/05, applicant essentially alleged
`
`that (1) the transmission of a configuration label along with the aircraft performance and control
`
`parameters as required in claims 1-3 has not been disclosed in neither the Smith et al reference
`
`nor the Kuroda et al reference, (2) the transmission or coi:nmunication ofthe performance and
`
`control data while in-flight as required in claims 64 and 66-79 has not been disclosed in the
`
`Smith et al reference and (3) the storage as disclosed in Kuroda et al only provides storage for
`
`data necessary to predict a theoretical path of the aircraft and there is no disclosure therein of
`
`archival (long term storage) of performance and control data as required in claims 92-93 and 95.
`
`7.
`
`In response, the ,examiner strongly disagrees with such allegations. As to allegation (1),
`
`although the aircraft configuration label has not been explicitly disclosed in the Smith et al or
`
`Kuroda et al reference, however, it would have been readily apparent for one skilled in the art
`
`that the transmitted aircraft ID data to the ground station in Kuroda et al is implicitly included
`
`the configuration label as claimed since the aircraft configuration label can be directly
`
`determined based upon the aircraft ID. Further, one skilled in the art would have recognized that
`
`the maintenance advisory generated in the Smith et al system must include the aircraft
`
`configuration in conjunction with other transmitted data in order to provide accurate maintenance
`
`advisories to a correct aircraft. As to allegation (2), although the feature of transmitting the
`
`performance and control data to the central ground station while the aircraft is in-flight has not
`
`been explicitly disclosed in the Smith et al reference, however, such feature of transmitting
`
`BOEING
`Ex. 1004, p. 138
`
`

`
`Application/Control Number: 10/004,429
`Art Unit: 3661
`
`Page 5
`
`aircraft data to. the ground station while in-flight is notoriously well known and clearly taught in
`
`figure 1 (also see column 3, lines 65 to column 4, lines 1-3) of the Kuroda et al reference. Hence,
`
`it is the examiner's contention that it would have been obvious for one skilled in the art that the
`
`real-time advisory as taught in Smith et al either already been using the in-flight data or would
`
`have been obvious to do so based upon the direct teaching found in the Kuroda et al reference.
`
`As to allegation (3) that there is no disclosure in Kuroda et al oflong term storage or archival of
`
`performance and control data necessary for a crash data recorder, the examiner also disagrees
`
`with such allegation. As disclosed in figure 1 and columns 3-4 of the Kuroda et al reference,
`
`performance and control data from navigation device and the ADS airborne device (see column
`
`1, lines 53-60) are being recorded in the storage device within the monitoring device while the
`
`aircraft is in-flight. Since there is no disclosure in the Kuroda et al reference as to the deletion of
`
`such data stored in the storage device, it would have been readily apparent to one skilled in the
`
`art that in the event of a crash, the stored crashed data such as aircraft position, velocity, course,
`
`wind and temperature (see col. 1, lines 53-60) can be readily retrieved and as such meets the
`
`limitations of a crash data recorder as claimed.
`
`8.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Gary Chin whose telephone number is (571) 272-6959. The
`
`examiner can normally be reached on Monday-Friday 8:00AM to 4:30PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Thomas G. Black can be reached on (571) 272-6956. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`BOEING
`Ex. 1004, p. 139
`
`

`
`Application/Control Number: 10/004,429
`Art Unit: 3661
`
`Page6
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Pri~ate PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`***
`
`GARY CHIN
`PRIMARY EXAMINER
`
`BOEING
`Ex. 1004, p. 140
`
`

`
`Search Notes
`
`111111111111 Ill Ill II
`
`Application/Control No.
`
`10/004,429
`Examiner
`
`Gary Chin
`
`Applicant(s)/Patent under
`Reexamination
`
`LEVINE, SEYMOUR
`Art Unit
`
`3661
`
`I
`
`SEARCHED
`
`SEARCH NOTES
`(INCLUDING SEARCH STRATEGY)
`
`Class
`
`Subclass
`
`Date
`
`Examiner
`
`DATE
`
`EXMR
`
`EAST text search, history attached.
`
`7/1/2003
`
`GC
`
`701
`
`14,29
`
`7/8/2003
`
`GC
`
`701
`
`701
`
`340
`
`340
`
`342
`
`342
`
`342
`
`35, 120
`
`7/8/2003
`
`301
`
`7/8/2003
`
`945,961
`
`7/8/2003
`
`963,971
`
`7/8/2003
`
`29,454
`
`7/8/2003
`
`36-38
`
`7/8/2003
`
`455,456
`
`7/8/2003
`
`GC
`
`GC
`
`GC
`
`GC
`
`GC
`
`GC
`
`GC
`
`-l
`
`..t('f>t\7~ ~f>o\IG::
`
`up!>A1f:'D
`
`-ABo\! f.:
`
`4/t~/04- ~(.
`.9>c.
`C)fi/D~
`
`INTERFERENCE SEARCHED
`
`Class
`
`Subclass
`
`Date
`
`Examiner
`
`I
`
`U.S. Patent and Trademark Office
`
`· Part of Paper No. 20050902
`
`BOEING
`Ex. 1004, p. 141
`
`

`
`Index of Claims
`
`11111111111111 Ill II
`
`Application/Control No.
`
`10/004,429
`Examiner
`
`Gary Chin
`
`.J Rejected
`
`= Allowed
`
`-
`
`..,.
`
`(Through numeral)
`Cancelled
`
`Non-Elected
`
`N
`
`Restricted
`
`I
`
`Interference
`
`Applicant(s)/Patent under
`Reexamination
`
`LEVINE, SEYMOUR
`Art Unit
`
`3661
`
`A
`
`·O
`
`Appeal
`
`Objected
`
`Claim
`
`Date
`
`Claim
`
`Date
`
`Claim
`
`Date
`
`(ij
`c:
`u::
`
`It)
`
`(ij
`c:
`~
`"61
`·c:
`0
`1 lv"
`2 1/
`3 IV
`
`(ij
`c:
`u::
`
`(ij
`c:
`"61
`·c:
`0
`1
`
`(ij
`c:
`u::
`
`1
`1
`1
`1
`1
`1
`1
`1
`1
`1
`
`4
`5
`6
`7
`8
`9
`0
`1
`2
`3
`4
`5
`6
`7
`8
`9
`0
`1
`2
`
`4
`4
`4
`4
`4
`4
`5
`
`5
`5
`5
`5
`5
`6
`6
`6
`63
`64 v
`65
`66 IV'
`67 ..;
`68 h/
`69 lv'
`70
`·.j
`...;
`71
`72 IJ
`73 v
`l
`74
`75 lv
`76 1/
`77 lv
`78 ..;
`79 I..J
`
`8
`8
`8
`8
`8
`
`iv
`93 Ill
`~
`95 !V
`96
`97
`98
`99
`100
`
`(ij
`c:
`"61
`·c:
`0
`101
`102
`103
`104
`105
`106
`107
`108
`109
`110
`111
`112
`113
`114
`115
`116
`117
`118
`119
`120
`121
`122
`123
`124
`125
`126
`127
`128
`129
`130
`131
`132
`133
`134
`135
`136
`137
`138
`139
`140
`141
`142
`143
`144
`145
`146
`147
`148
`149
`150
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. 20050902
`
`BOEING
`Ex. 1004, p. 142
`
`

`
`-~
`3£61
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Confirmation No.: 8221
`
`In re Reissue
`Application No.:
`Applicant:
`Filed:
`TC/A.U.:
`Examiner:
`Docket No.:
`Customer No:
`
`10/004,429
`Seymour LEVINE
`10/25/2001
`3661
`Gary Chin
`57127/01-601
`22206
`
`Commissioner for Patents
`P. 0. Box 1450
`Alexandria, VA 22313-1450
`
`SECOND SUPPLEMENTAL AMENDMENT
`
`Dear Sir:
`
`Introductory Comments
`
`This paper is submitted responsive to the Notice of Non-Compliant Amendment dated
`
`May 11, 2005. The Examiner indicated that claims 64, 75, 76, 78, 79 and 92 filed on March 2,
`
`2005 were improper and do not comply with 37 C.P.R.§ 1.173. In response, Applicant submits
`
`herewith a corrected section of the alleged non-compliant amendment in compliance with 37
`
`C.F .R. § 1.121, including a revised version of the claims and remarks designed to remedy certain
`
`omissions for which the Examiner deemed improper.
`
`CERTIFICATION UNDER 37 C.P.R.§ 1.8
`
`I hereby certify that, on the date shown below, this correspondence is being deposited with the United
`States Postal Service with sufficient postage as first class mail in an envelope addressed to the Commissioner for
`Patents, P. 0. Box 1450, Alexandria, VA 22313-1450, on the date shown below:
`
`Date: _fo-+/-""L ....... ?/c...:::0--=6"------
`
`Nancy J. Mo re
`
`BOEING
`Ex. 1004, p. 143
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 2 of14
`
`Amendments to the Claims
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application:
`
`1.
`
`(Original)
`
`A global, paperless, aircraft maintenance system comprising:
`
`an aircraft performance means for detecting aircraft performance and control
`
`parameters;
`
`a maintenance communications means, located on board an aircraft, for providing
`
`maintenance advice to maintenance personnel;
`
`a sensor multiplexer receiver and transmitter means, located on board said
`
`aircraft, for:
`
`accepting said aircraft performance and control parameters;
`
`converting said aircraft performance and control parameters, when
`
`necessary, to digital form;
`
`adding an aircraft identification and configuration label;
`
`converting said aircraft performance and control parameters and said
`
`identification and configuration label to an outgoing rf signal and
`
`broadcasting said outgoing rf signal; and
`
`receiving an incoming rf signal, converting it to a maintenance advisory,
`
`BOEING
`Ex. 1004, p. 144
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 3 of 14
`
`and
`
`feeding
`
`said maintenance advisory
`
`to
`
`said maintenance
`
`communication means;
`
`an aircraft manufacturer's database means for providing aircraft data and
`
`maintenance information;
`
`a central station means, located on the ground, for receiving said outgoing
`
`rf signal and converting it to said aircraft performance and control
`
`parameters and said aircraft identification and configuration label, and
`
`broadcasting said incoming rf signal;
`
`a processing means, connected to said central station means, for:
`
`archiving said aircraft performance and control parameters thus
`
`creating an archived data database;
`
`combining said aircraft performance and control parameters with
`
`said aircraft data and said maintenance information;
`
`generating said maintenance advisory; and converting said
`
`maintenance advisory to said incoming rf signal;
`
`a display and control means, connected to said processing means,
`
`for displaying operation of said processing means and for
`
`allowing operator control of said processing means; and
`
`a global rf communications network means for conveying said
`
`BOEING
`Ex. 1004, p. 145
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action· of-May 11, 2005
`Page 4 of 14
`
`outgoing signal from said aircraft to said central station means
`
`and conveying said incoming rf signal from said central station
`
`means to said aircraft.
`
`2.
`
`(Original)
`
`A global, paperless, aircraft maintenance system comprising:
`
`aircraft sensors which detect aircraft performance and control parameters;
`
`means, located on board an aircraft, for providing maintenance advice to
`
`maintenance personnel;
`
`a sensor multiplexer receiver and transmitter, located on board said aircraft,
`
`which:
`
`accepts said aircraft performance and control parameters;
`
`converts said aircraft performance and control parameters, when
`
`necessary, to digital form;
`
`adds an aircraft identification and configuration label;
`
`converts said aircraft performance and control parameters and said
`
`aircraft identification and configuration label to an outgoing rf signal and
`
`broadcasts said outgoing rf signal; and
`
`receives an incoming rf signal, converts it to a maintenance advisory,
`
`feeds said maintenance advisory to said maintenance communication
`
`BOEING
`Ex. 1004, p. 146
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 5 of 14
`
`means;
`
`an aircraft manufacturer's database for providing aircraft data and maintenance
`
`information;
`
`a central station, located on the ground, which receives said outgoing rf signal
`
`and converts it to said aircraft performance and control parameters and said
`
`aircraft identification and configuration label, and broadcasts said incoming rf
`
`signal;
`
`a processing means, connected to said central station, for:
`
`archiving said aircraft performance and control parameters thus creating
`
`an archived data database;
`
`combining said aircraft performance and control parameters with the
`
`archived data, and said aircraft data and maintenance information;
`
`generating said maintenance advisory; and
`
`converting said maintenance advisory to said incoming rf signal;
`
`a display and control subsystem, connected to said processing means, and
`
`a global rf communications network which conveys said outgoing signal from
`
`said aircraft to said central station and conveys said incoming rf signal from said
`
`central station to said aircraft.
`
`BOEING
`Ex. 1004, p. 147
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 6 of 14
`
`3.
`
`(Original)
`
`A method of providing global, paperless, aircraft maintenance advisories
`
`comprising the steps of:
`
`mounting a performance sensor in an aircraft;
`
`mounting a control sensor in said aircraft;
`
`mounting a means in said aircraft, for providing maintenance advice to maintenance
`
`personnel;
`
`mounting a sensor multiplexer receiver and transmitter system, in said aircraft;
`
`providing communications access to an aircraft manufacturer's database;
`
`providing a central ground based station;
`
`providing a proce~sing means within said central ground based station;
`
`providing a display and control subsystem, connected to said processing means;
`
`providing a global, rf communications network;
`
`accepting signals from said aircraft performance and control sensors into said sensor
`
`multiplexer receiver and transmitter;
`
`converting, in said sensor multiplexer receiver and transmitter, said signals from said
`
`aircraft performance and control sensors, when necessary, to digital form;
`
`adding an aircraft identification and configuration label;
`
`converting said signals from said aircraft performance and control sensors, and said
`
`aircraft identification and configuration label, in said sensor multiplexer receiver and
`
`BOEING
`Ex. 1004, p. 148
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 7 of 14
`
`transmitter, to an outgoing rf signal;
`
`transmitting said outgoing rf signal from said sensor multiplexer receiver and transmitter
`
`to said central ground base station via said global rf communications network;
`
`receiving said outgoing rf signal at said central ground based station;
`
`converting said outgoing rf signal at said ground based central station to said aircraft
`
`performance and control signals plus said aircraft identification and configuration label;
`
`performing within said processing means the steps of:
`
`archiving said aircraft performance and control signals thus creating an archived
`
`data database;
`
`combining said aircraft performance and control signals with the archived data,
`
`and
`
`information from said aircraft manufacturer's database;
`
`generating maintenance advisories; and
`
`converting said maintenance advisories to an incoming rf signal;
`
`sending said incoming rf signal, via said global communications network, from said
`
`central ground based station to said sensor multiplexer receiver and transmitter;
`
`converting said incoming rf signal, at said sensor multiplexer receiver and transmitter, to
`
`said maintenance advisories; and
`
`feeding said maintenance advisory from said sensor multiplexer receiver and transmitter
`
`to said maintenance communication means.
`
`BOEING
`Ex. 1004, p. 149
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 8 of 14
`
`4-63.
`
`(Canceled)
`
`64. (Currently Amended) An aircraft maintenance system for use on an aircraft having a
`
`flight data recorder, the maintenance system comprising:
`
`a transmitter portable to be placed on an aircraft, said transmitter configured for
`
`transmission of digital performance data across a communication network
`
`while said aircraft is in flight; and
`
`a central station connected to said communication network configured to receive and
`
`analyze said transmission of digital performance data to generate maintenance
`
`advice for said aircraft while said aircraft is in flight,
`
`wherein said digital performance data includes an identifier unique to a particular
`
`aircraft and at least a portion of said digital performance data comprises data
`
`directed to the flight data recorder.
`
`65. (Canceled)
`
`66. (Previously Presented) The aircraft maintenance system of claim 64 further comprising:
`
`a sensor multiplexer located on said aircraft, said sensor multiplexer having a
`
`plurality of inputs for receiving aircraft performance and control parameters from
`
`existing aircraft sensors, and an output in communication with said transmitter for
`
`providing said digital performance data to said transmitter.
`
`BOEING
`Ex. 1004, p. 150
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply-to Office Action ofMay 11, 2005
`Page 9 of 14
`
`67.
`
`(Previously Presented) The aircraft maintenance system of claim 64 wherein said
`
`digital performance data further includes digitized audio information.
`
`68. (Previously Presented) The aircraft maintenance system of claim 64 wherein said digital
`
`performance data further includes digitized video information.
`
`69. (Previously Presented) The aircraft maintenance system of claim 645 wherein said
`
`digital performance data includes aircraft position data directed to said flight data recorder.
`
`70. (Previously Presented) The aircraft maintenance system of claim 69 wherein
`
`information provided by a GPS receiver is used in the calculation of said aircraft position
`
`71. (Previously Presented) The aircraft maintenance system of claim 70 wherein
`
`information provided by an inertial navigation system is used in the calculation of said
`
`aircraft position data.
`
`72. (Previously Presented) The aircraft maintenance system of claim 64, wherein said
`
`central station is further configured to transmit digital data on said communication network
`
`and said maintenance advice is transmitted from said central station to said receiver, the
`
`aircraft maintenance system further comprising:
`
`BOEING
`Ex. 1004, p. 151
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 10 of 14
`
`a receiver on said aircraft configured to receive digital data from said
`
`communication network: and
`
`a maintenance communication means, located on said aircraft. for providing
`
`said maintenance advice to maintenance personnel. said maintenance
`
`communication means having an input for receiving said maintenance
`
`advice from said receiver.
`
`73. (Previously Presented) The aircraft maintenance system of claim 72 wherein said
`
`maintenance advice is provided aurally to said maintenance personnel.
`
`74. (Previously Presented) The aircraft maintenance system of claim 68 wherein said central
`
`station includes a storage system for storing said aircraft performance and control parameters.
`
`75. (Currently Amended) An aircraft maintenance system comprising:
`
`a transmitter positionable to be located on an aircraft. said transmitter
`
`configured for transmission of data across a communication network
`
`while said aircraft is in flight:
`
`a ground based station connected to said communication network configured
`
`to receive and analyze said transmission of data. while said aircraft is
`
`in flight, to generate maintenance advice for said aircraft: and
`
`a sensor multiplexer located on said aircraft. said sensor multiplexer having a
`
`plurality of inputs for receiving aircraft performance and control
`
`BOEING
`Ex. 1004, p. 152
`
`

`
`Application No. 10/004,429
`Amendment Dated 06113/05
`Reply to Office Action of May 11, 2005
`Page 11 of 14
`
`parameters from aircraft sensors and an output in communication with
`
`said transmitter for providing said data to said transmitter;
`
`wherein said data further includes an aircraft identifier unique to a particular
`
`aircraft.
`
`76. (Currently Amended) The aircraft maintenance system of claim 75. wherein said ground
`
`based station is further configured to transmit data on said communication network and said
`
`maintenance advice is transmitted from said ground based station to said aircraft. further
`
`comprising:
`
`a receiver located on said aircraft. said receiver configured to receive data
`
`from said communication network: and
`
`a maintenance communication means which receives maintenance advisory
`
`data from said receiver and provides maintenance advice to
`
`maintenance personnel.
`
`77. (Previously Presented) The aircraft maintenance system of claim 75 wherein said ground
`
`based station includes a storage system for archiving said aircraft performance and control
`
`parameters.
`
`78. (Currently Amended) A method for real-time monitoring and archiving of aircraft
`
`performance data including the steps of:
`
`BOEING
`Ex. 1004, p. 153
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 12 of 14
`
`providing a performance sensor in an aircraft. said performance sensor having an
`
`output indicative of an aircraft performance parameter while said aircraft is in
`
`operation;
`
`while said aircraft is in operation. electronically transmitting at least said aircraft
`
`performance parameter to a global communication network;
`
`receiving said aircraft performance parameter from said global communication
`
`network at a ground based station;
`
`analyzing said aircraft performance parameter at said ground based station;
`
`while said aircraft is in operation, generating an aircraft maintenance advisory when
`
`the analysis of said aircraft performance parameter indicates an aircraft
`
`problem; and
`
`archiving said aircraft performance parameter at said ground based station.
`
`79. (Currently Amended) The method for real-time monitoring and archiving of aircraft
`
`performance data according to the method of claim 78 further including the steps of:
`
`transmitting said aircraft maintenance advisory;
`
`receiving said aircraft maintenance advisory on said aircraft; and
`
`displaying said aircraft maintenance advisory on said aircraft while said aircraft is in
`
`operation.
`
`80.-91. (Canceled)
`
`BOEING
`Ex. 1004, p. 154
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 13 of 14
`
`92.
`
`(Currently Amended) A telemetric crash data recorder comprising:
`
`a sensor multiplexer receiver and transmitter mounted in an aircraft; and
`
`a central ground based station having a data storage device,
`
`wherein said sensor multiplexer receiver and transmitter receives aircraft
`
`performance and control parameters from existing sensors on said
`
`aircraft and, while said aircraft is in flight, transmits said performance
`
`and control parameters to said central ground based station over a
`
`world wide communication system for archival in said data storage
`
`device.
`
`93.
`
`(Previously Presented) The telemetric crash data recorder of claim 92 further
`
`comprising:
`
`a GPS receiver in communication with said sensor multiplexer receiver and
`
`transmitter such that a position of said aircraft is transmitted to said
`
`central ground based station.
`
`94.
`
`(Canceled)
`
`95.
`
`(Previously Presented) The telemetric crash data recorder of claim 93 wherein said
`
`performance and control parameters comprise information recorded by an on board flight data
`
`recorder.
`
`BOEING
`Ex. 1004, p. 155
`
`

`
`Application No. 10/004,429
`Amendment Dated 06/13/05
`Reply to Office Action of May 11, 2005
`Page 14 of 14
`
`REMARKS
`
`No additional fee is believed to be due. However, if any fee is made payable by the filing
`
`of this paper, please consider this our authorization to charge the Deposit Account of the
`
`undersigned, No. 06-0540.
`
`Respectfully submitted,
`
`By~~~=-~~~~---------
`Scott R. Zinge
`an,
`. No. 35,422
`Fred H. Holmes,
`. No. 43,677
`FELLERS, SNIDER, BLANKENSHIP,
`BAILEY & TIPPENS, P.C.
`321 South Boston, Suite 800
`Tulsa, Oklahoma 74103-3318
`(918) 599-0621
`
`Date: :J ~ \3 ( 2005"
`
`W301127.1
`
`BOEING
`Ex. 1004, p. 156
`
`

`
`UNITED STATES pATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTME!\'T 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.
`
`10/004,429
`
`10/25/2001
`
`Seymour Levine
`
`57127
`
`8221
`
`22206
`05/1 In005
`7590
`FELLERS SNIDER BLANKENSIDP
`BAILEY & TIPPENS
`THE KENNEDY BUILDING
`321 SOUTH BOSTON SUITE 800
`TULSA, OK 74103-3318
`
`CHIN, GARY
`
`PAPER NUMBER
`
`ART UNIT
`
`3661
`
`DATE MAILED: 05111/2005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 10/03)
`
`BOEING
`Ex. 1004, p. 157
`
`

`
`Application No.
`
`Applicant(s)
`
`~
`
`~
`
`Notice of Non-Compliant
`Amendment (37 CFR 1.121)
`
`10/004,429
`Examiner
`
`Gary Chin
`
`LEVINE, SEYMOUR
`Art Unit
`
`3661
`
`BOEING
`Ex. 1004, p. 158
`
`

`
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
`
`The amendment document filed on 02 March 2005 is considered non-compliant because it has failed to meet the
`requirements of 37 CFR 1.121. In order for the amendment document to be compliant, correction of the following item(s) is
`required.
`
`THE FOLLOWING MARKED {X) ITEM{S) CAUSE THE AMENDMENT DOCUMENT TO BE NON-COMPLIANT:
`0 1. Amendments to the specification:
`0 A. Amended paragraph(s) do not include markings.
`0 B. New paragraph{s) should not be underlined.
`0 C. Other __ .
`0 2. Abstract:
`0 A. Not presented on a separate sheet. 37 CFR 1.72.
`0 B. Other __ .
`0 3. Amendments to the drawings:
`D A. The drawings are not properly identified in the top margin as "Replacement Sheet,· "New Sheet," or
`"Annotated Sheet" as required by 37 CFR 1.121{d).
`D B. The practice of submitting proposed drawing correction has been eliminated. Replacement drawings
`showing amended figures, without markings, in compliance with 37 CFR 1.84 are required.
`D C.Other __
`~ 4. Amendments to the claims:
`D A. A complete listing of all of the claims is not present.
`D B. The listing of claims does not include the text of all pending claims (including withdrawn claims)
`D C. Each claim has not been provided with the proper status identifier, and as such, the individual status
`of each claim cannot be identified. Note: the status of every claim must be indicated after its claim
`number by using one of the following status identifiers: (Original), (Currently amended), (Canceled),
`(Previously presented), (New), (Not entered), {Withdrawn) and {Withdrawn-currently amended).
`D D. The claims of this amendment paper have not been presented in ascending numerical order.
`~ E. Other: Claims 64. 75. 76. 78. 79 and 92 filed on 3/2/05 are improper and do not complv with 37 CFR
`1. 173. The changes made in these claims must be made relative to the original patent claims and not made relative
`to a previous amendment as shown. Therefore, the bracketed limitation presented in the above-mentioned claims
`must be removed and that the double underlines must be replaced with a single line as required.
`For further explanation of the amendment format required by 37 CFR 1.121, see MPEP § 714 and the USPTO website at
`http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/officeflyer.pdf.
`
`TIME PERIODS FOR FILING A REPLY TO THIS NOTICE:
`
`1. Applicant is given no new time period if the non-compliant amendment is an after-final amendment or an amendment
`filed after allowance. If applicant wishes to resubmit the non-compliant after-final amendment with corrections, the
`entire corrected amendment must be resubmitted within the time period set forth in the final Office action.
`
`2. Applicant is given one month, or thirty {30) days, whichever is longer, from the mail date of this notice to supply the
`corrected section of the non-compliant amendment in compliance with 37 CFR 1.121, if the non-compliant
`amendment is one of the following: a preliminary amendment, a non-final amendment {including a submission for a
`request for continued examination (RCE) under 37 CFR 1.114), a supplemental amendment filed within a suspension
`period under 37 CFR 1.103(a) or (c), and an amendment filed in response to a Quayle action.
`
`Extensions of time are available u