UNITED STA TES p A TENT 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.
`
`14/471,954
`
`08/28/2014
`
`Bo Zang
`
`45236-734.301
`
`7890
`
`01/05/2015
`7590
`21971
`WILSON, SONSINI, GOODRICH & ROSATI
`650 PAGE MILL ROAD
`PALO ALTO, CA 94304-1050
`
`EXAMINER
`
`NOLAN, PETER D
`
`ART UNIT
`
`PAPER NUMBER
`
`3661
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/05/2015
`
`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):
`patentdocket@wsgr.com
`
`PTOL-90A (Rev. 04/07)
`
`Yuneec Exhibit 1005 Page 1
`
`

`
`Application No.
`14/471,954
`
`Applicant(s)
`ZANG, BO
`
`Office Action Summary
`
`AIA (First Inventor to File)
`Status
`Yes
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`
`Examiner
`PETER D. NOLAN
`
`Art Unit
`3661
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J. MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`1 )~ Responsive to communication(s) filed on 812812014.
`0 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on __ .
`2a)0 This action is FINAL.
`2b)~ This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ;the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)~ Claim(s) 1-30 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)~ Claim(s) 1-30 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:ilwww.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPHfeedback(wuspto.aov.
`
`Application Papers
`1 O)~ The specification is objected to by the Examiner.
`11 )~The drawing(s) filed on 812812014 is/are: a)~ accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)O All b)O Some** c)O None of the:
`Certified copies of the priority documents have been received.
`1.0
`Certified copies of the priority documents have been received in Application No. __ .
`2.0
`Copies of the certified copies of the priority documents have been received in this National Stage
`3.0
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment{s)
`1) ~ Notice of References Cited (PT0-892)
`
`2) ~ Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 911912014.
`
`3) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`4) 0 Other: __ .
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20141124
`
`Yuneec Exhibit 1005 Page 2
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`

`
`Application/Control Number: 14/471,954
`Art Unit: 3661
`
`Page 2
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`DETAILED ACTION
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`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Information Disclosure Statement
`
`The references listed on the information disclosure statement filed September
`
`14, 2014 have been considered by the Examiner.
`
`Specification
`
`The disclosure is objected to because of the following informality:
`
`Paragraph 211, line 2, "movable, carrier" should be corrected to "movable
`
`carrier".
`
`Claim Objections
`
`Claims 12, 23 and 27 are objected to because of the following informalities:
`
`Claim 12 recites "wherein providing a warning signal if the adjustment falls
`
`outside a predetermined range". However, "providing a warning system" has not been
`
`previously presented. Claim 12, or the claims on which it is dependent (i.e. 1, 7 or 8),
`
`should be corrected to reflect this.
`
`Claim 23, line 9, the phrase "UAV autonomously track" should be corrected to
`
`"UAV to autonomously track".
`
`Claim 27, line 7, phrase "a transmitter for provide" should be corrected to "a
`
`transmitter for providing" or "a transmitter configured to provide".
`
`Yuneec Exhibit 1005 Page 3
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`

`
`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 3
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`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`1.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`2.
`
`Claims 1-6, 13, 14, 16-18 and 20-25 are rejected under 35 U.S.C. 102(a)(1) as
`
`being anticipated by Bevirt (US 2012/0287274A1 ).
`
`Regarding claim 1, Bevirt teaches a system for controlling an unmanned aerial
`
`vehicle (UAV) (see Bevirt Abstract. See also figures 1-5 and paragraphs 9-11)
`
`comprising: one or more receivers, individually or collectively, configured to receive from
`
`a remote user (1) one or more navigation commands to move the UAV along a flight
`
`path (see Bevirt paragraphs 16-17 where mission planning data and tracking
`
`assistance data can be composed I determined on a handheld control device and
`
`transmitted to the aerial platform. This can include prescribed flight trajectories
`
`and GPS offsets), and (2) target information of a target to be tracked by an imaging
`
`device on the UAV (see Bevirt paragraph 21 regarding the use of the handheld
`
`device to select an Object of Interest (Ool) to be tracked); and one or more
`
`Yuneec Exhibit 1005 Page 4
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 4
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`processors, individually or collectively, configured to track the target according to the
`
`target information by automatically adjusting at least one of the UAV or the imaging
`
`device while the UAV moves along the flight path according to the one or more
`
`navigation commands from the remote user (see Bevirt paragraphs 18 and 21
`
`regarding the UAV tracking the user, with said tracking being blended with the
`
`GPS tracking capability).
`
`Regarding claim 2, Bevirt teaches where the target information comprises initial
`
`target information comprising an initial position or an initial size of the target within an
`
`image captured by the imaging device (see Bevirt paragraph 18 regarding the
`
`maintaining of the location of the Ool within the field of view, which requires an
`
`initial position of the target).
`
`Regarding claim 3, Bevirt teaches where the target information comprises target
`
`type information comprising color, texture, or pattern information (see Bevirt
`
`paragraphs 34-37 regarding the predefined lists of objects).
`
`Regarding claim 4, Bevirt teaches where tracking the target according to the
`
`target information further comprises identifying, based on the target type information,
`
`the target to track from within one or more images captured by the imaging device using
`
`an image recognition algorithm (see Bevirt paragraph 38).
`
`Regarding claim 5, Bevirt teaches where the target information comprises
`
`expected target information comprising an expected position or an expected size of the
`
`target within an image captured by the imaging device (see Bevirt paragraph 18
`
`Yuneec Exhibit 1005 Page 5
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 5
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`where it is taught that the location of the Ool within the field of view may be
`
`maintained while the aerial vehicle is in flight).
`
`Regarding claim 6, Bevirt teaches where tracking the target according to the
`
`target information comprises maintaining, within a predetermined degree of tolerance,
`
`the expected position or the expected size of the target within one or more images
`
`captured by the imaging device (see Bervirt paragraph 18 where it is taught that the
`
`location of the Ool within the field of view may be maintained while the aerial
`
`vehicle is in flight. This would require the position of the Ool to be within a
`
`tolerance comprising the image size).
`
`Regarding claim 13, Bevirt teaches a method for controlling an unmanned aerial
`
`vehicle (UAV) (see Bevirt Abstract), comprising: receiving, from a remote user, user-
`
`specified target information of a target to be tracked by an imaging device on the UAV,
`
`the user-specified target information including a predetermined position or
`
`predetermined size of the target within an image captured by the imaging device (see
`
`Bevirt paragraph 21 regarding the user selecting, on a handheld device, an Object
`
`of Interest (Ool). See also paragraph 18 where the position of the Ool is
`
`maintained within the field of view of a camera of the UAV, which would require a
`
`predetermined position of the target to be set. See also paragraph 19 regarding
`
`the user ability to set the size of the image via the zoom function), the imaging
`
`device coupled to the UAV via a carrier configured to permit the imaging device to move
`
`relative to the UAV (see Bevirt paragraph 13); detecting, by a processor onboard the
`
`UAV, a deviation from the predetermined position or the predetermined size of the
`
`Yuneec Exhibit 1005 Page 6
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 6
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`target based on one or more images captured by the imaging device; and automatically
`
`adjusting the UAV, the carrier, or the imaging device so as to substantially correct the
`
`detected deviation from the predetermined position or the predetermined size of the
`
`target (see Bevirt paragraph 18 where the position of the Ool is maintained. This
`
`would require at least one device in Bevirt to be adjusted).
`
`Regarding claim 14, Bevirt teaches where the carrier is configured to permit the
`
`imaging device to rotate around at least one axis relative to the UAV (see Bevirt
`
`paragraph 13).
`
`Regarding claim 16, Bevirt teaches where detecting the deviation from the
`
`predetermined position or the predetermined size of the target comprises comparing a
`
`position or size of the target within the one or more images captured by the imaging
`
`device with the predetermined position or predetermined size, respectively (see Bevirt
`
`paragraph 18 regarding the location of the Ool within the field of view being
`
`maintained).
`
`Regarding claim 17, Bevirt teaches where adjusting the UAV, the carrier, or the
`
`imaging device comprises calculating an adjustment to the UAV, the carrier, or the
`
`imaging device so as to substantially correct the deviation (see Bevirt paragraph 18).
`
`Regarding claim 18, Bevirt teaches where the deviation is related to a change in
`
`position of the target and the adjustment is related to an angular velocity for the UAV or
`
`the imaging device relative to a yaw axis or a pitch axis of the UAV (see Bevirt
`
`paragraph 18).
`
`Yuneec Exhibit 1005 Page 7
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`

`
`Application/Control Number: 14/471,954
`Art Unit: 3661
`
`Page 7
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`Regarding claim 20, Bevirt, teaches where the method further comprises
`
`providing a warning signal if the adjustment falls outside a predetermined range
`
`corresponding to a predetermined range of control lever amount of a control system
`
`comprising a navigation control system for the UAV or a control system for the carrier
`
`(see Bevirt paragraph 19 regarding the aerial platform being programmed to land
`
`should the platform or the camera lose track of the user. The landing comprises
`
`"providing a warning". Although not explicitly stated, the platform or camera
`
`losing track of the user could occur, under normal operation, due to the
`
`necessary platform or the camera adjustment(s) exceeding the capabilities of the
`
`respective systems).
`
`Regarding claim 21, Bevirt teaches where the method further comprises
`
`transmitting, in substantially real-time, images captured by the imaging device to a
`
`remote user device accessible to the remote user, the remote user device comprises a
`
`display for displaying the images captured by the imaging device and an input device for
`
`providing the target information comprising a touchscreen, joystick, keyboard, mouse,
`
`stylus, or a wearable device (see Bevirt paragraph 21).
`
`Regarding claim 22, Bevirt teaches an apparatus for controlling an unmanned
`
`aerial vehicle (UAV) (see Bevirt Abstract. See also paragraph 14 regarding the
`
`hand held electronic controller), comprising: a display configured to display one or
`
`more images captured by an imaging device coupled to the UAV (see Bevirt
`
`paragraphs 14 and 19 regarding the display on the handheld device being able to
`
`display images from the camera on the UAV); an input device configured to receive a
`
`Yuneec Exhibit 1005 Page 8
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 8
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`user selection of a target from within at least one of the one or more images being
`
`displayed on the display (see Bevirt paragraphs 21 and 38 regarding the user being
`
`able to select an object of interest (Ool) using the screen on the handheld device);
`
`one or more processors, individually or collectively, configured to generate target
`
`information of the target based at least in part on the user selection of the target (see
`
`Bevirt paragraphs 21 and 38. Based on the user selection, the UAV is configured
`
`to track the Ool, which inherently requires the generation of target information);
`
`and a transmitter configured to provide the target information to the UAV so as to allow
`
`the UAV autonomously track the target according to the target information (see Bevirt
`
`paragraph 21. Since the user selects the Ool using the handheld controller and
`
`the UAV tracks it, a transmitter is inherently present).
`
`Regarding claim 23, Bevirt teaches where the target information comprises
`
`initial target information, target type information, and/or expected target information (see
`
`Bevirt paragraphs 34-38).
`
`Regarding claim 24, Bevirt teaches where the target information does not
`
`comprise expected target information (see Bevirt paragraphs 34-38. The target can
`
`be set).
`
`Regarding claim 25, Bevirt teaches where the user selection of the target is
`
`achieved by a user selecting an area of the at least one of the one or more images
`
`being displayed on the display, the selected area corresponding to the target (see
`
`Bevirt paragraph 38 regarding the use of the graphical user interface on the
`
`handheld device to select the target).
`
`Yuneec Exhibit 1005 Page 9
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`

`
`Application/Control Number: 14/471,954
`Art Unit: 3661
`
`Page 9
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`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`1.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102 of this title, if the differences
`between the claimed invention and the prior art are such that the claimed invention as a whole
`would have been obvious before the effective filing date of the claimed invention to a person
`having ordinary skill in the art to which the claimed invention pertains. Patentability shall not
`be negated by the manner in which the invention was made.
`
`2.
`
`Claims 7-12, 15 and 19 rejected under 35 U.S.C. 103 as being unpatentable over
`
`Bevirt (US 2012/0287274A1) in view of Lee et al. (US 2012/0307042A1 ).
`
`Regarding claim 7, Bevirt teaches where the imaging device is coupled to the
`
`UAV via a carrier configured to permit the imaging device to rotate around an axis
`
`relative to the UAV (see Bevirt paragraph 13).
`
`However, Bevirt does not teach where the imaging device is coupled to the UAV
`
`via a carrier configured to permit the imaging device to rotate around at least two axes
`
`relative to the UAV.
`
`Lee teaches a UAV comprising an imaging device that is coupled to the UAV via
`
`a carrier configured to permit the imaging device to rotate around at least two axes
`
`relative to the UAV (see Lee figure 1 and paragraph 9 regarding a UAV 100 that
`
`Yuneec Exhibit 1005 Page 10
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 1 O
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`comprises an image capture unit 30. The pan and tilt of the image capture unit 30
`
`can be controlled).
`
`Both Bevirt and Lee teach where a UAV is equipped with an imaging device that
`
`can track a target independently of the flight path of the UAV. Lee teaches where the
`
`imaging device can rotate around two axes to achieve this, but Bevirt does not explicitly
`
`teach where the imaging device can rotate around two axes. It would have been
`
`obvious to one of ordinary skill in the art at the time of Applicant's filing that a simple
`
`substitution of the flight path independent imaging device in Bevirt could be made using
`
`the explicitly defined two axes flight path independent imaging device Lee to achieve
`
`the predictable result of an imaging device that can track a target independently of the
`
`flight path of the UAV.
`
`Regarding claim 8, Bevirt, as modified by Lee in the rejection of claim 7,
`
`teaches where the target information comprises expected target information and
`
`tracking the target according to the target information comprises: determining current
`
`target information of the target based on one or more images captured by the imaging
`
`device; detecting a deviation of the current target information from the expected target
`
`information; and calculating an adjustment to the UAV, the carrier, or the imaging device
`
`so as to substantially correct the deviation (see Bervirt paragraph 18 where it is
`
`taught that the location of the Ool within the field of view may be maintained
`
`while the aerial vehicle is in flight. This requires at least one adjustment of the
`
`UAV or camera in Bevirt).
`
`Yuneec Exhibit 1005 Page 11
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
`
`Page 11
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`Regarding claim 9, Bevirt, as modified by Lee in the rejection of claim 7,
`
`teaches where the deviation is related to a change in position of the target and the
`
`calculated adjustment is related to an angular velocity for the UAV relative to a yaw axis
`
`or a pitch axis of the UAV or an angular velocity for the imaging device relative to a yaw
`
`axis or a pitch axis of the imaging device (see Bevirt paragraphs 15 and 18 regarding
`
`the adjustment of the UAV to track the user while maintaining offsets in the X, Y
`
`and Z directions).
`
`Regarding claim 10, Bevirt, as modified by Lee in the rejection of claim 7,
`
`teaches where the calculated adjustment is used to generate control signals for the
`
`carrier so as to cause the imaging device to move relative to the UAV (see Bevirt
`
`paragraph 18 where it is taught that "the aerial platform may contain electronics
`
`adapted to view the user, and to track the user via articulation of the camera").
`
`Regarding claim 11, Bevirt, as modified by Lee in the rejection of claim 7, does
`
`not teach where the deviation is related to a change in size of the target and the
`
`adjustment is related to a linear velocity for the UAV or one or more parameters of the
`
`imaging device and wherein the one or more operational parameters of the imaging
`
`device comprise focal length, zoom level, imaging mode, image resolution, focus, depth
`
`of field, exposure, lens speed, or field of view.
`
`Lee further teaches where tracking a target according to the target information
`
`comprises determining current target information of the target based on one or more
`
`images captured by the imaging device; detecting a deviation of the current target
`
`information from the expected target information; and calculating an adjustment to the
`
`Yuneec Exhibit 1005 Page 12
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 12
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`UAV, the carrier, or the imaging device so as to substantially correct the deviation;
`
`wherein the deviation is related to a change in size of the target and the adjustment is
`
`related to a linear velocity for the UAV or one or more parameters of the imaging device
`
`and wherein the one or more operational parameters of the imaging device comprise
`
`focal length, zoom level, imaging mode, image resolution, focus, depth of field,
`
`exposure, lens speed, or field of view (see Lee figures 2A-2B. See also paragraphs
`
`13-24 regarding a method of tracking a target that comprises, in part: capturing
`
`an image (S201); enclosing a target within a rectangular area (S204);
`
`superimposing the center point of the rectangular area onto the center point of
`
`the image (S205) by adjusting the camera or UAV (S207-S209); determining
`
`whether a ratio of an area of the rectangular area to a total area of the screen
`
`image falls within a preset range (S210) and adjusting the camera or UAV so that
`
`the ratio falls within a preset range (S213-S215), if necessary).
`
`Both Bevirt and Lee teach maintaining an Ool within the field of view of an
`
`imaging device. It would have been obvious to one or ordinary skill in the art that the
`
`method of maintaining the Ool in the field of view in Bevirt could have been substituted
`
`with the method of maintaining the Ool in the field of view in Lee with no change in the
`
`underlying tracking capability in Bevirt and with the predictable result of maintaining the
`
`Ool in the field of view.
`
`Regarding claim 12, Bevirt, as modified by Lee in the rejection of claim 7,
`
`teaches where the system is further configured to provide a warning signal if an
`
`adjustment of the UAV or the carrier falls outside a predetermined range corresponding
`
`Yuneec Exhibit 1005 Page 13
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 13
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`to a predetermined range of control lever amount of a control system comprising a
`
`navigation control system for the UAV or a control system for the carrier (see Bevirt
`
`paragraph 19 regarding the aerial platform being programmed to land should the
`
`platform or the camera lose track of the user. The landing comprises "providing
`
`a warning". Although not explicitly stated, the platform or camera losing track of
`
`the user could occur, under normal operation, due to the necessary platform or
`
`the camera adjustment(s) exceeding the capabilities of the respective systems).
`
`Regarding claim 15, Bevirt does not teach where the predetermined position of
`
`the target comprises an initial position or an expected position of the target and the
`
`predetermined size of the target comprises an initial size or an expected size of the
`
`target.
`
`Lee teaches a method of controlling a UAV comprising: detecting, by a processor
`
`onboard the UAV, a deviation from the predetermined position or the predetermined
`
`size of the target based on one or more images captured by the imaging device; and
`
`automatically adjusting the UAV, the carrier, or the imaging device so as to substantially
`
`correct the detected deviation from the predetermined position or the predetermined
`
`size of the target, where the predetermined position of the target comprises an initial
`
`position or an expected position of the target and the predetermined size of the target
`
`comprises an initial size or an expected size of the target (see Lee figures 2A-2B. See
`
`also paragraphs 13-24 regarding a method of tracking a target that comprises, in
`
`part: capturing an image (S201); enclosing a target within a rectangular area
`
`(S204); superimposing the center point of the rectangular area onto the center
`
`Yuneec Exhibit 1005 Page 14
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 14
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`point of the image (S205) by adjusting the camera or UAV (S207-S209);
`
`determining whether a ratio of an area of the rectangular area to a total area of the
`
`screen image falls within a preset range (S210) and adjusting the camera or UAV
`
`so that the ratio falls within a preset range (S213-S215), if necessary).
`
`Both Bevirt and Lee teach maintaining an Ool within the field of view of an
`
`imaging device. It would have been obvious to one or ordinary skill in the art that the
`
`method of maintaining the Ool in the field of view in Bevirt could have been substituted
`
`with the method of maintaining the Ool in the field of view in Lee with no change in the
`
`underlying tracking capability in Bevirt and with the predictable result of maintaining the
`
`Ool in the field of view.
`
`Regarding claim 19, Bevirt teaches where the deviation is related to a change in
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`size of the target and the adjustment is related to a linear velocity for the UAV or one or
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`more parameters of the imaging device and wherein the one or more operational
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`parameters of the imaging device comprise focal length, zoom level, imaging mode,
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`image resolution, focus, depth of field, exposure, lens speed, or field of view.
`
`Lee teaches a method of controlling a UAV comprising detecting a deviation from
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`a predetermined size of a target and automatically adjusting the UAV or an imaging
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`device to substantially correct the detected deviation, where the deviation is related to a
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`change in size of the target and the adjustment is related to a linear velocity for the UAV
`
`or one or more parameters of the imaging device and wherein the one or more
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`operational parameters of the imaging device comprise focal length, zoom level,
`
`imaging mode, image resolution, focus, depth of field, exposure, lens speed, or field of
`
`Yuneec Exhibit 1005 Page 15
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 15
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`view (see Lee figures 2A-2B. See also paragraphs 13-24 regarding a method of
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`tracking a target that comprises, in part: capturing an image (S201); enclosing a
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`target within a rectangular area (S204); superimposing the center point of the
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`rectangular area onto the center point of the image (S205) by adjusting the
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`camera or UAV (S207-S209); determining whether a ratio of an area of the
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`rectangular area to a total area of the screen image falls within a preset range
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`(S210) and adjusting the camera or UAV so that the ratio falls within a preset
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`range (S213-S215), if necessary).
`
`Both Bevirt and Lee teach maintaining an Ool within the field of view of an
`
`imaging device. It would have been obvious to one or ordinary skill in the art that the
`
`method of maintaining the Ool in the field of view in Bevirt could have been substituted
`
`with the method of maintaining the Ool in the field of view in Lee with no change in the
`
`underlying tracking capability in Bevirt and with the predictable result of maintaining the
`
`Ool in the field of view.
`
`3.
`
`Claims 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Bevirt (US 2012/0287274 A1) in view of Karins et al. (US 2012/0143808 A1).
`
`Regarding claim 26, Bevirt does not teach where the one or more processors,
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`individually or collectively, are further configured to display, on the display, the selected
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`target with a selection indicator in response to the user selection of the target, the
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`selection indicator indicating that the target has been selected by the user.
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`Karins teaches a system for controlling an unmanned aerial vehicle comprising a
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`display that is configured to display one or more images and a tracking indicator
`
`Yuneec Exhibit 1005 Page 16
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
`
`Page 16
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`associated with a target within the one or more images, the tracking indicator indicating
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`that the target is being tracked by the UAV in substantially real-time according to user-
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`specified target information (see Karins paragraph 63 regarding an unmanned
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`vehicle being used for reconnaissance. See also paragraph 124 regarding
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`selecting a target using a user interface and providing contextual indicators for
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`the selected target and paragraph 12 regarding the contextual indicators).
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`It would have been obvious to one of ordinary skill in the art to modify the
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`apparatus in Bevirt such that the display further comprises a tracking indicator indicating
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`that the target is being tracked by the UAV in substantially real-time, as taught in Karins,
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`because this enables the user to easily distinguish the target from other objects and
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`reduces errors due to human fatigue (see Karins paragraph 5).
`
`Regarding claim 27, Bevirt teaches a system for controlling an unmanned aerial
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`vehicle (UAV) (see Bevirt Abstract. See also paragraphs 10-11), comprising: a
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`receiver configured to receive, in substantially real-time, one or more images captured
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`by an imaging device coupled to the UAV (see Bevirt paragraphs 14, 17 and 19); an
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`input device configured to receive user-specified target information of a target including
`
`a predetermined position or a predetermined size of a target within an image from the
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`one or more images (see Bevirt paragraphs 21 and 38); a transmitter for providing the
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`user-specified target information to the UAV (see id. Although not explicitly
`
`mentioned in Bevirt, a transmitter is inherently necessary if the target is specified
`
`on the handheld device and tracked by the UAV); and a display configured to display
`
`the one or more images indicating that the target is being tracked by the UAV in
`
`Yuneec Exhibit 1005 Page 17
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`

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`Application/Control Number: 14/471,954
`Art Unit: 3661
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`Page 17
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`substantially real-time according to the user-specified target information (see Bevirt
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`paragraphs 14 and 19).
`
`Bevirt does not teach where the display is configured to further display a tracking
`
`indicator associated with the target within the one or more images, the tracking indicator
`
`indicating that the target is being tracked by the UAV in substantially real-time according
`
`to the user-specified target information.
`
`Karins teaches a system for controlling an unmanned aerial vehicle comprising a
`
`display that is configured to display one or more images and a tracking indicator
`
`associated with a target within the one or more i