Ex Parte Harding - Page 2




          Appeal No. 2004-0267                                                         
          Application 09/847,224                                                       

                                      BACKGROUND                                       
               The invention relates to a method and apparatus for planning            
          a mission profile to locate a target.  The method uses target                
          information to calculate a search pattern, such as the serpentine            
          pattern shown in Fig. 4B.                                                    
               Claim 1 is reproduced below.                                            
               1. A method for planning a mission profile in real time,                
               comprising:                                                             
               ascertaining a plurality of target information, including a             
                    target location, a target velocity, and a target                   
                    location error; and                                                
               autonomously2 determining a pattern from the ascertained                
                    target information.                                                

               The examiner relies on the following references:                        
               Reedy                5,631,653            May 20, 1997                  
               Saban                6,043,867          March 28, 2000                  
               Claims 1-75 stand 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 his invention.                                                    
               Claims 1-75 stand rejected under 35 U.S.C. § 102(b) as being            
          anticipated by either Saban or Reedy.                                        
               We refer to the final rejection (Paper No. 8) (pages                    
          referred to as "FR__") and the examiner's answer (Paper No. 12)              

          2  "The term 'autonomous,' as used herein, means under                       
          programmed control without human intervention."  Specification,              
          page 7, lines 17-18.  See also brief, pages 3 and 4.                         
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