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December 23, 2009
 
I am posting the 4,000 or so pages I received from NASA on November 16.
 
In order to make the documents more manageable I have separated them into volumes. Sometime I separated them at a natural break in the material. Sometimes I had to separate them because of sheer size.
 
The following is not a complete index, just what caught my attention.



Volume 1    00017-00385
 
Cover letter from Stephen L. McConnell, NASA Freedom of Information Act Officer.
 
00017-00020   Borda Letter to Optima denying the claim
 
00021-00024  Emails - September 25 and 26, 2006
 
00025-00032  Proceedings of SPIE - Enhanced and Synthetic Vision 1999
 
Real-Time 3-D Flight Guidance with Terrain for the X-38
Frank Delgado, Mike Abernathy, Janice White, and Bill Lowrey
 
Article on synthetic vision used in the X-38 project using Landform 3D. Authors are Frank Delgado (JSC-NASA), Mike Abernathy, Janice White, and Bill Lowry (all RIS).
 
00033-00199  emails - 2008, some 2006
 
00200 - 00235   claim beginning
 
00236 - 00385   emails 2008



Volume 2
     00386-00617
 
File Wrapper for 5,904,724 - ordered from ReedFax Delivery Service 5/16/2003
 


Volume 3
     00618-00712a
 
00618   email from John Del Frate, Dryden
 
00620-00651   patent 5,904,724 (two copies)
 
00652-00654   email 2008
 
00655-00712   patent 5,904,724 (two copies)
 


Volume 4
    00721-00987
 
00721   Abernathy theory
 
00722   email 2009
 
00811-00837   Margolin claim
 
00855-00911  Margolin article Synthetic Vision Technology for Unmanned Aerial Systems: The Real Story.
 
Margolin’s response to Abernathy article in AUVSI Magazine.
 
The gap between 837-854 suggests there was a discussion of the article.
 
0955-0959    FY96 Annual Report - Automation, Robotics, & Simulation Division
Portable Diagnostic Terminal Software for the X-38
Francisco J. Delgado
 
There is no mention of synthetic vision.
 
From www.rules.house.gov/Archives/98-325.pdf
 
The fiscal year is the accounting period of the federal government. It begins on October 1 and ends on September 30 of the next calendar year. Each fiscal year is identified by the calendar year in which it ends and commonly is referred to as “FY.” For example, FY2003 began October 1, 2002, and ends September 30, 2003. For more information on budget process, see [http://www.crs.gov/products/guides/guidehome.shtml].
 
By this reckoning FY96 ran from October 1, 1995 to September 30, 1996.


00960-00973   FY97 Annual Report - Automation, Robotics, & Simulation Division
 
Accurate Determination of Flight Control Air Data Parameters Using Artificial Neural-Networks and the X-38 Flush Air Data System   Frank Delgado
 
Portable Diagnostic Terminal Software for the X-38   Frank Delgado
 

00965   The Automation and Human Interface Computer for the X-38   Frank Delgado
 
For the graphical user interface on V133, we will focus on developing a virtual cockpit for the parachute system. We have acquired a 3 dimensional model of the X-38 and are currently collecting United States Geological Survey data at different altitudes, This terrain data will give us a realistic 3 dimensional terrain map of the region we will be flying over. We are also using a variety of virtual reality modeling tools to build objects which will be used in the virtual cockpit. We will take all of this and tie it together using Template Graphics 3D Mastersuite to build a virtual cockpit that will give the visual affect of what it would look like, from the vehicle, from the post parachute deploy phase to the actual landing of the vehicle. The cockpit will have the ability to uplink commands to the vehicle, using a UHF system, which will give it the ability to steer the parachute. This cockpit could be used to control the parachute from any remote location, whether its out in the desert, in hanger or where ever one may be. For V201 we will take all the information we have learned from our V133 endeavor, all the information that Steve Harris (human factors person) can provide, and all the information that's coming from the weekly human interface meetings to help us begin developing the human interface software for V201.
B-16
 
This appears to confirm Delgado’s later statement that he began to work on synthetic vision for the X-38 in 1996.
 
FY1997 covers October 1, 1996 through September 30, 1997.
 
The application that became 5,904,724 was filed January 19, 1996. Can’t these people read?
 

00974-00978    1998 Annual Report - Automation, Robotics, & Simulation Division  NASA-JSC
 

00977 - Immersive Situation Awareness for the X-38 Program  Frank Delgado
 
The X-38 vehicles are unique in that they do not afford crew members a forward view through a wind screen. As a result, we have begun developing an application, based on Rapid Imaging Systems latest technology, that creates a computer generated immersive environment to provide the necessary information concerning the vehicles position, attitude, and status of the vehicle. The immersive environment consists of a set of 3-D displays that can be used for flight guidance and situation awareness. These displays feature the incorporation of real-time INS/GPS data for position and attitude, three dimensional terrain models, Heads-Up Display (HUD), ideal and actual glide path, recommended landing areas, vehicle in the scene, as well as typical system monitoring information. Maps, such as aeronautical charts, as well as satellite imagery are optionally overlayed on the 3-D terrain model to provide additional situation awareness, see figure 1.0. The HUD indicators created have been based upon both military aircraft HUD standards (MIL-STD1787B) and Space Shuttle HUD standards (STS83-0020V2-26B).
 
This appears to be the synthetic environment (synthetic vision) taught in 5,566,073 issued October 15, 1996 which claims priority from an application filed July 11, 1994, at least two years before Delgado says he began working on synthetic vision for the X-38.
 
00979  Proceedings of SPIE, Abernathy article (duplicate). Real-Time 3-D Flight Guidance with Terrain for the X-38 Frank Delgado, Mike Abernathy, Janice White, and Bill Lowrey
 


Volume 5
    00996-01091
 
00996-01091  Part of file wrapper for ‘724
 


Volume 6
  (Volume 6a   Volume 6b)   01140-01577
 
01140-01679   email 2009 duplicates, File Wrapper ‘073, File Wrapper ‘724
 


Volume 7

 
01683-01993  email, appears to be duplicates, include McNutt Letter August 5, 2008 and September 2006 Optima
 
01968  Abernathy Theory
 



Volume 8
    01994-2222  
 
01994  October 2008 email from Ed Fein to Helen Galus thanking her for sending him the file wrapper for ‘724.
 
01995-02028  Two copies of ‘724 patent
 
gap
 
02130   January 2009 email from McNutt to Hammerle containing the original claim documents
 
02131-02157  Original claim documents
 
02158-02165    January 2009 email from Hammerle to Rotella: “Kurt, Would you please confirm that you have the USPTO file history for Patent No. 5,904,724 by Margolin. We asked Helen Galus to send it to Ed when we began our review of this matter. Thanks, Bob. “
 
02166-02222  Margolin article Synthetic Vision Technology for Unmanned Aerial Systems: The Real Story.



Volume 9
    02223-02409
 
02223-02224   February 11, 2009 email from Rotella to Homer (redacted) sending him my Response to Abernathy article (I had sent it to McNutt myself).
 
02225-02282 - my article
 
02283-02267 2009 email
 
gap
 
02372-02392   Margolin FOIA appeal
 
02396-02409  copy of ‘724
 
 
There are no documents of NASA discussing my article.
 
However, NASA’s attitude toward me is finally explained. I have added emphasis.
 
-------------------------
[Page 02363]

[redacted]

From:    Bob Rotella [r.rotella@att.net]
Sent:    Thursday, March 19, 2009 10:17 AM
To:    Rotella, Robert F. (HQ-MC000)
Subject:    war

NASA Administrative Claims - Jed Margolin and its successor in interest, Optima, have pursued an administrative claim for patent infringement. Upon completion of investigation by JSC and DFC, reviewed all materials and prepared initial draft of final agency determination letter denying claim based on lack of infringement. (Rotella, McNutt, Borda)(3/9/09)
________________________

[Page 02364]

[redacted]

From:    Rotella, Robert F. (HQ-MC000)
Sent:    Thursday, March 19, 2009 10:24 AM
To:    Borda, Gary G. (HQ-MC000); Graham, Courtney B. (HQ-M0000)
Cc:    Bayer, Kathy (HQ-MC000)
Subject:    WAR item


NASA Administrative Claims - Jed Margolin and its successor in interest, Optima, have pursued an administrative claim for patent infringement. Upon completion of investigation by JSC and DFC, reviewed all materials and prepared initial draft of final agency determination letter denying claim based on lack of infringement. (Rotella, McNutt, Borda)

Robert F. Rotella
Senior Patent Attorney
Office of the General Counsel
NASA Headquarters
[redacted (b)(6)]


This document, including any attachments, contains information that is confidential, protected by the attorney-client or other applicable privileges, or constitutes non-public information. It is intended only for the designated recipient(s). If you are not an intended recipient of this information, please take appropriate steps to destroy this document in its entirety and notify the sender of its destruction. Use, dissemination, distribution, or reproduction of this information by unintended recipients is not authorized and may be unlawful.

__________

NASA has been at war against me. I had no idea. I thought I had simply been the object of benign neglect.

In modern warfare there are no rules. NASA’s actions during the past 9 years confirm that they considered the patent claim a war, a war they were resolved to win even at the cost of fairness and honesty.
 
The very next document is also interesting.
[Page 02367]

[redacted]

From:    Rotella, Robert F. (HQ-MC000)
Sent:    Tuesday, May 05, 2009 2:14 PM
To:      Graham, Courtney B. (HQ-MC000)
Subject:    CIPLG Practice Group

1) Node 3 module of ISS online naming contest: Drafted set of rules and entry conditions for participants; the most significant was that the agency was not bound to accept the results of the online voting which avoided having to name Node 3 after Stephen Colbert, who encouraged viewers to nominate him.


2) Administrative Claims for Patent Infringement:

a) Delta Engineers' allegation of infringement of its U.S. patent covering a "High Performance Cold Plate." Claim was denied in a final agency decision following extensive review;

b) Margolin/Optima allegation of patent infringement by X-38 Project, based on patent covering "Synthetic Vision." Claim was denied in a final agency decision following extensive review and coordination with Center patent staffs.


3) NASA trademarks: agency will pursue formal trademark registration in US and European Community for NASA brands, including: meatball, NASA seal, NASA acronym, "National Aeronautics and Space Administration.


Robert F. Rotella
Senior Patent Attorney
Office of the General Counsel
[redacted (b)(6)]


This document, including any attachments, contains information that is confidential, protected by the attorney-client or other applicable privileges, or constitutes non-public information. It is intended only for the designated recipient(s). If you are not an intended recipient of this information, please take appropriate steps to destroy this document in its entirety and notify the sender of its destruction. Use, dissemination, distribution, or reproduction of this information by unintended recipients is not authorized and may be unlawful.
_______________________
 

NASA denied the ‘724 claim (again) as well as the claim by Delta Engineers.
 
It then decided to pursue formal trademark registration for various NASA brands.
 
Why should anyone respect NASA’s Intellectual Property when NASA refuses to respect the Intellectual Property of others?



Volume 10
    02434-02542    August 5, 2008 email to McNutt with copy of Sheriff’s Report.
 


Volume 11
    2577-2647   mostly duplicate emails. One of the emails from 2004 is less redacted than the version in Volume 1.



Volume 12
   02666-02781
 
August 15, 2008 email from Laura Burns, Law Librarian for the Office of the General Counsel NASA Headquarters, sending McNutt court documents in the UASC case.
 


Volume 13    02795-02937   Duplicates



Volume 14    02938-02988
 
McNutt’s October 2008 request to Laura Burns for an update on the UASC case; additional UASC Court documents
 


Volume 15    02989-03698
 
Abernathy preview of AUVSI article (duplicate)

Large gap between 03113 and 03592
 


Volume 16    03699-03847 
 
Some duplicates

GAO material.
 


Volume 17    03868-04040   Duplicates
 


Volume 18    04101-04251   Duplicates



Volume 19
    04266-04424   Most of ‘724 File Wrapper
 


Volume 20    04425-04516   Duplicates
 


Volume 21    04524-04601   Duplicates
 


Volume 22    04602-04779   
 
04713   Gold
 
04717   Preview of Abernathy article for AUVSI Magazine
 
04639   Email 2006
 


Volume 23
    04780-05605
 
04780   NASA checking the assignment history of ‘724 before the U.S. District Court for the District of Arizona ruled that Optima Technology Corporation/Zandian’s assignment were fraudulent.
 
04782   Outdated and incorrect information on Optima Technology Corporation
 
04786  NASA got the current History of the UASC case.
 
04803   Beringer Report - Applying Performance-Controlled Systems, Fuzzy Logic, and Fly-By-Wire Controls to General Aviation, May 2002
 
04827   5,904,724
 
04841   5,566,073
 
04869   Preview of Abernathy article for AUVSI Magazine
 
04929   Court Document in UASC case