Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed September 22, 2025 has been entered. Claims 1-3, 5-6, and 8-17 remain pending in the application.
Response to Arguments
Applicant's arguments filed September 22, 2025 have been fully considered but are not persuasive. Applicant argued that the cited references do not teach the amended independent claims.
In this office action, Ono is further cited to reject the amended limitations of the independent claims.
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 (i.e., changing from AIA to pre-AIA ) 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.
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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 5, 6, 9, 10, 13-15, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenichi et al. (JP 2021097268 A), which was cited by Applicant in view of Ono (US 20200394787 A1).
Regarding claim 1, Kenichi discloses:
A flight plan generation device which generates a flight plan of a flight device that transmits a captured image captured by an imaging unit through wireless communication during flight {[0004] of the English translation discloses flight plan of a flight device: can also fly automatically by a flight program. [0052] discloses wireless communication of aerial image. [0055] discloses image capturing by an imaging unit},
the flight plan generation device comprising: a first acquisition unit configured to acquire target information for specifying an imaging target to be imaged by the imaging unit {[0033] discloses specifying an imaging target to be imaged by the imaging unit during flight of the flight device: imaging that captures a subject included in a desired imaging range (for example, a person to be aerial photographed, a state of the sky, a landscape such as a mountain or a river, a building on the ground, etc.). [0051] discloses that a flying device is controlled according to the generated flight plan: The UAV control unit 110 may control the imaging range of the imaging device 220 by controlling the flight of the unmanned aerial vehicle 100};
a second acquisition unit configured to acquire communication quality information on predetermined wireless communication quality in a predetermined area including at least a flight airspace of the flight device {[0052] discloses wireless communication. [0087] and [0013] disclose predetermined communication quality. [0070] and [0071] disclose regions where the communication quality is better than the predetermined standard in the space where the unmanned aerial vehicle flies, that is, a predetermined area including at least a flight airspace of the flight device}.
Kenichi does not disclose:
[1] the target information including a flight path set by a user of the flight device and an imaging direction for capturing the imaging target set by the user prior to flight of the flight device, and image quality information for specifying an image quality of the captured image of the imaging target selected from a plurality of pieces of image quality by the user according to a model of the imaging unit prior to flight of the flight device.
[2] a flight plan generation unit configured to generate, prior to flight of the flight device, a flight plan including the flight path of the flight device and an imaging parameter based on the acquired target information, image quality information, and communication quality information, the imaging parameter specifying the imaging direction set by the user and the image quality information selected by the user.
[3] wherein the flight plan generation device transmits the flight plan to the flight device prior to the flight of the flight device to cause the flight device to fly along the flight path and capture the imaging target by the imaging unit with the imaging direction set by the user and the image quality selected by the user based on the imaging parameter.
[1] Ono teaches the target information in [0116]: sets a plurality of characteristic parts for an object. The “characteristic part” of the object refers to an “appearance” of a target. [0118]: the characteristic part setting section 34 receives designation of a characteristic part from a user, and sets the characteristic part. Ono further teaches a flight path, an imaging direction and image quality set by the user prior to flight of the flight device. Fig. 1, which is repeated below, illustrates user input devices including a keyboard 20 and a mouse 21. [0329]: A user makes an imaging plan. Examiner notes that the plan means that the user selection is made prior to flight of the flight device. [0330]: A movement route is also selected in making the imaging plan. [0017]: a plurality of imaging conditions having at least different imaging directions are set. [0020]: set the plurality of imaging conditions having at least different numbers of recording pixels (image quality). Examiner notes that selection from a plurality of pieces of image quality by the user according to a model of the imaging unit is implied since the image quality is subject to the model of the imaging unit. [0122]: the imaging condition setting section 33 sets at least the imaging direction, the imaging angle of view, and the number of recording pixels as an imaging condition.
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[2] Ono teaches in [0116], [0118], [0329], [0330], [0017], [0020], [0122]. In relation to this limitation, Kenichi discloses communication quality information in the abstract.
[3] Ono teaches in Fig. 39, which is repeated below, and [0445]: The control terminal 400 controls flight and imaging of the drone 300. Specifically, information on an imaging point, an imaging condition, and a movement route is acquired from the imaging apparatus as imaging control information, and the flight and imaging of the drone 300 are controlled on the basis of the acquired imaging control information.
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It would have been obvious to one of ordinary skill in the art of flight control before the effective filing date of the claimed invention to incorporate the flight plan generation feature including the path, imaging direction and image quality selection of user of Ono with the described invention of Kenichi in order to plan a flight that satisfies user’s intention prior to flight of the flight device.
Similar reasoning applies to claim 15.
Regarding claim 2, which depends from claim 1, Kenichi discloses: wherein the flight plan generation unit images the imaging target specified from the acquired target information and generates the flight plan including a recommended flight path that transmits the captured image satisfying the required image quality through wireless communication {[0013], [0074]}.
Regarding claim 5, which depends from claim 1, Kenichi discloses: wherein the image quality information includes at least one of resolution, a bit rate, and a frame rate of the captured image {[0070]}.
Regarding claim 6, which depends from claim 1, Kenichi discloses: wherein the imaging parameter includes at least one of an angle of view, brightness, and an image compression rate of the captured image {[0041] discloses angle of view}.
Regarding claim 9, which depends from claim 1, Kenichi discloses: wherein the first acquisition unit acquires the image quality information selected by a user according to a model of the imaging unit from a plurality of pieces of information on the required image quality {[0084]: resolution intended by the user}.
Regarding claim 10, which depends from claim 1, Kenichi discloses: wherein the flight plan generation unit presents the generated flight plan to a user and outputs the flight plan to a flight control unit that controls the flight of the flight device, on a condition that the presented flight plan is approved by the user {[0074]}.
Regarding claim 13, which depends from claim 1, Kenichi discloses: further comprising: a storage unit configured to store imaging unit information on an imaging unit installed on a ground in the predetermined area, wherein the flight plan generation unit generates the flight plan based on the imaging unit information stored in the storage unit {[0030]: a remote control device main body held by the user and a monitor for presenting image information or the like to the user. [0076]: the external device may remotely control the unmanned aerial vehicle and the image pickup device. Storing imaging unit information is implied}.
Regarding 14, which depends from claim 1, Kenichi discloses: wherein the first acquisition unit further acquires flight purpose information on a purpose of flight of the flight device, and the flight plan generation unit controls the generation of the flight plan further based on the flight purpose information {[0011]: control method capable of imaging a subject according to a user's intention}.
Regarding claim 17, which depends from claim 1, Ono teaches: wherein the first acquisition unit is configured to acquire the flight purpose information from the user, the flight purpose information indicating a purpose of flight of the flight device including at least monitoring, inspection, aerial imaging, and delivery, and the flight plan generation unit is configured to control generation of the flight plan based further on the flight purpose information acquired by the first acquisition unit {[0005]: where a structure is imaged for the purpose of inspection or the like. [0243]: set in consideration of an imaging target, an imaging purpose, and the like}.
It would have been obvious to one of ordinary skill in the art of flight control before the effective filing date of the claimed invention to incorporate the flight purpose information feature of Ono with the described invention of Kenichi in order to plan a flight that satisfies user’s intention prior to flight of the flight device.
Claim(s) 3, 8, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenichi in view of Ono and in further view of Yukihiro (JP 2020-125110 A), which was cited by Applicant.
Regarding claim 3, which depends from claim 2, modified Kenichi does not teach: wherein, when the recommended flight path does not exist, the flight plan generation unit notifies a user of non-existence of the recommended flight path.
Yukihiro teaches to notify when there is no flight path that is recommendable in [0047]: when there is a portion with poor communication quality in the route for flying the drone that is the operation management target, this is output as a warning.
It would have been obvious to one of ordinary skill in the art of flight control before the effective filing date of the claimed invention to incorporate the notifying feature of Yukihiro with the described invention of modified Kenichi in order to report unavailability of flight path that satisfy the requirements.
Regarding claim 8, which depends from claim 1, Yukihiro teaches: wherein the flight plan generation unit generates the scheduled flight plan including a flight path different from the flight path included in the target information {[0039] teaches selecting a flight path, which may be different from original path: when setting a flight route of an autonomous flight or a remote-controlled drone, by presenting a map as shown in FIG. 4, an area to be set as a flight route can be immediately recognized. Since the communication quality is divided into levels, it is possible to select a flight route according to the purpose}.
It would have been obvious to one of ordinary skill in the art of flight control before the effective filing date of the claimed invention to incorporate the path selection feature of Yukihiro with the described invention of modified Kenichi in order to choose better path for communication.
Regarding claim 11, which depends from claim 1, Yukihiro teaches: wherein the second acquisition unit acquires the communication quality information based on wireless communication quality when the flight device has flown in the past in the predetermined area, or wireless communication quality when another flight device has flown in the past in the predetermined area {[0038] teaches recording communication quality that can be used in future flight: according to the three-dimensional communication quality information generation system of the present embodiment, the level of the received power of the desired signal and the signal-to-noise ratio with respect to the operation of the drone (remote operation and transmission/reception of various information). It is very useful because information that three-dimensionally indicates whether or not it is obtained is obtained}.
It would have been obvious to one of ordinary skill in the art of flight control before the effective filing date of the claimed invention to incorporate the communication quality recording feature of Yukihiro with the described invention of modified Kenichi for use in planning future flights.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenichi in view of Ono and in further view of Billault et al. (US 20210103295 A1).
Regarding claim 12, which depends from claim 1, modified Kenichi does not teach: wherein the second acquisition unit acquires the communication quality information indicating wireless communication quality estimated by a simulator.
Billault teaches to acquire communication quality by simulation in [0094]: trajectories may be simulated. the quality of service (for example of coverage) is determined or simulated, so as to determine a mission success score.
It would have been obvious to one of ordinary skill in the art of flight control before the effective filing date of the claimed invention to incorporate the quality simulation feature Billault with the described invention of modified Kenichi in order to obtain property of a path by simulation.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kenichi in view of Ono and in further view of Baseuny (US 20160286135 A1).
Regarding claim 16, which depends from claim 1, modified Kenichi does not teach: wherein the flight plan generation unit is configured to generate the flight plan in which installation imaging units are set as a takeoff point and a landing point, and the flight device is configured to cause the installation imaging units to capture at the takeoff point and the landing point.
Baseuny teaches installation imaging units set as a takeoff point and a landing point in paragraph [0117]: during the takeoff and touchdown of the drone 14… The secondary camera 20 is installed.
It would have been obvious to one of ordinary skill in the art of flight control before the effective filing date of the claimed invention to incorporate the installation imaging units feature Baseuny with the described invention of modified Kenichi in order to facilitate control of the flight device at the takeoff point and the landing point.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.P./Examiner, Art Unit 3661
/RUSSELL FREJD/Primary Examiner, Art Unit 3661