Office Action Predictor
Last updated: April 16, 2026
Application No. 17/910,435

COMMUNICATION VOLUME CONTROL DEVICE, COMMUNICATION VOLUME CONTROL METHOD, ANDRECORDING MEDIUM WITH PROGRAM RECORDED THEREIN

Final Rejection §103
Filed
Sep 09, 2022
Examiner
AHMED, SYED MUZAKKIR
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Nec Corporation
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
36 granted / 41 resolved
+29.8% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
44 currently pending
Career history
85
Total Applications
across all art units

Statute-Specific Performance

§103
67.4%
+27.4% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
12.5%
-27.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 41 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority 2. The instant application claims priority of Filed 17/910,435 Dt. 09/09/2022 to the 371 of PCT/JP2020/014876 Filed Dt. 03/31/2020. Information Disclosure Statement 3. The information disclosure statement (IDS) submitted, IDS - 12/08/2022 and 02/20/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment 4. The amendment filed 06/06/2025 has been entered. Claims 1-11 remain pending in the application. Claims 1, 10 and 11 were amended and Claims 2-6 are not amended. No new claims were added and 7-9 claims were cancelled. Claims 1-6, 10 and 11 are pending in the application. Claim Rejections - 35 USC § 103 5. 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. 6. 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 he claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 7. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: • Determining the scope and contents of the prior art. • Ascertaining the differences between the prior art and the claims at issue. • Resolving the level of ordinary skill in the pertinent art. • Considering objective evidence present in the application indicating • obviousness or nonobviousness. 8. 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. 9. Claims 1, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable Over MacGabann et al. (US-20190313230-A1) hereinafter “MacGabann” in view of Oba et al. (US- 12075323-B2), hereinafter “Oba”. Regarding Claim 1, MacGabban discloses, ‘A monitoring system comprising a communication volume control device and a monitoring device, wherein the communication volume control device comprises: at least one memory configured to store instructions’ (Disclosure monitoring system for earthquake, flood [0030] includes Rescue management server Fig. 1, communication network, user devices and applications, responder devices and application. The apparatus include memory to store instructions [0222] performs one functionality as communication volume control or emergency communication traffic volume control, associated with a process of determination best network subroutine as illustrated Fig. 3A, client-side evaluation of the signal strength and volume of communications handled by a particular network (for example, cellular Internet network or the SMS text network) [0076]. Disclosure claim-6 recites, “The emergency response system of claim 2, wherein the rescue application: performs analysis of a signal strength of a cellular Internet network and a volume of communications being handled by the cellular Internet network”; To have efficient communication volume control, that originates in a place of occurrence can propagate faster stochastic burst, when initiated/responded by either from a user device or from a responder device. The disclosure provide solution approach of communication volume control by centralized rescue management system dynamic and intuitive user interface that enables centralized monitor system [0029] and operate client app sub-routine either in rescue server, user device and also responder device [0076]. Determination parameters such as best network, network congestion, signal strength communication network and to determine which network to use. Parameters measured and determined as part of evaluation [0078-79]. Disclosure, real-world practical applications (public safety answering point application used in North America) that doesn’t limit on single operator or provider rather control communication volume, uses the rescue application can dynamically select from available communications networks to compensate for network outages [0029, 0034]. Above disclosures further explained, emergency traffic/network congestion control [0077, 0080-0081] with more parameters/equations: change of traffic over period of time; further, multivariate basis or takes the form of a stochastic partial differential equation (SPDE), predict cell network volume while certain events takes places; uses a set of equations, determination of network congestion or traffic; to define current network/traffic volume and change to the volume. [,0080]-[0084]; network type, and determination of best network to use between devices and server [0085]-[0095]; For communication traffic/volume determination such as sms/text to certain request/question/answers flow uses k-NN (nearest neighbor) evaluation, decision path and dimensional analysis in the public service answering point, rescue application as part of emergency response system computing [0041-0048]. MacGabann discloses, ‘and at least one processor configured to execute the instructions to: acquire, in a case where a disaster occurs, target area information indicating a target area expected to be impacted by the disaster that has occurred;’ Emergency response system 100 [0058] as depicted Fig. 1 rescue server include processor [0037] obtains a complete set of emergency information with the initial rescue request [0058] and further likely to be affected and impacted [0059]. Acquire information in the target area critical information/location [0078]. Fig. 5A illustrates user interface that collects/acquire information from user [0197-200]. Emergency application collects real-time disaster monitoring, predicted disaster impacted trajectory, location, severity [0030-31], receive update status and location [0032]. Disaster monitoring system receive disaster such as earthquake or any type of disaster occurred, receive information in a user interface/application rescue request within a region; rescue application receive indication of emergency/disaster information region/place associated with predicted disaster rescue application communicating with response system acquire information [0059]-[0060] and Fig. 1B; Disaster information processing includes: rescue application, the user is provides with different categories of emergency predicted as part of real-time disaster monitoring; obtain more specific information regarding the severity and details of the emergency, with these follow-up user interfaces selected dynamically by the rescue application based on the initial user selection indicating which type of emergency the user is experiencing [0030]; server-based rescue request manager application, automated triaging and dispatching for a high volume of rescue requests, such as during a natural disaster or other large-scale emergency; [0031]; Fig. 1A illustrates rescue application runs from user computing device, rescue management server and responder computing devices; these all processor configured to execute instructions of resecure application); Though MacGabann discloses monitor information from user or responder devices that uses rescue application that can be moving objects as receive location updates [0064] and adjust traffic volume of monitoring by SPDE (disclosed above [0080 -0084]) and didn’t disclose specifically imaging devices mounted on moving objects to capture image. Oba in the same field of endeavor discloses, ‘and instruct a plurality of imaging devices, which are mounted to each of a plurality of moving bodies and which transmit monitoring information related to captured images to [[a]] the monitoring device at a predetermined timing, whether or not to transmit the captured images to adjust a communication volume based on the target area information when transmitting the monitoring information to the monitoring device from the imaging devices, and the monitoring device comprises: at least one memory storing instructions;’ In regional transportation system, monitor information to prevent any incident/disaster by emergency response Col 29. [0063]. In Fig. 15 configuration example of a function of a control system of a vehicle configured mount device and to imaging device Fig. 16; image captured by an imaging device to one of moving objects such as vehicle, Col. 14 [0027]. the event notification device 10 can include a device mounted to a mobile object such as a vehicle and can have an imaging function for capturing images Col. 3 [0055-0056]; objects to be detected include a vehicles, person, obstacle, structure, roads, traffic lights, traffic signs, road sign, and the like. Col. 3 [0032]; event notification device captured image (moving image) at predetermined time Col 31. [0054]; event notification device that transmits/relayed/receive information in response to an event can be repeated up to a predetermined number of times Col. 3 [0016]; FIG. 12B is a flowchart illustrating an example of processing using an SOS packet and an image in the monitoring system; Further, Fig. 11 and 12B shows prioritizing the emergency information SOS analyzed and captured image and adjust the communication volume Col. 2 [0046]. Regarding whether or not to transmit the captured images, disclosure provides few aspects for determination: 1) extract SOS request, 2) issue emergency request according to degree of urgency based on necessity of information (Fig. 10 flow diagram), 3) communication control transmit SOS packet according to issuance, 4) image not directly transmitted to regional monitoring to avoid excessive transmission and necessary information delayed Col. 25 [0011], 6) Fig. 12B illustrates regional monitoring determine the image storage on the basis of the information contained in the SOS packet Col. 30 [0062], 7) encryption performed temporarily locally saved information for privacy preservation and also applicable to organization Col. 25 [0032], 8) not to cause congestion in the infrastructure, 9) reduce amount of information extracted high-density/resolution is temporarily stored Col. 27 [0063,0065]. Fig. 12 and Fig. 3 illustrates SOS packet include image from event notification device passes through relay information processing at time t1, t2 and t2 uses number of relay and at time t3 further avoid relay due to outside region Col. 9 [0024]. Regarding the adjust of communication volume few important aspects: 1) prioritize the transmission such as SOS packets (Fig. 11, 12B); 2) event notification device initiates the transmission have components imaging, message analysis, encryption/transmission request and transmission evaluation 3) image captured by event notification device not directly transmitted to regional transport/security monitoring cloud Col. 25 [0008 to 0012] to reduce excessive and stochastically attenuation Col. 25 [0024]; 4) communication control limits hop count to prevent unlimited propagation, urgency level, determination of emergency request, and relay processing Fig. 10 and 11; In FIG. 7 and Fig. 9, includes a communication control unit is part of event notification device run by CPU 1000 and event notification device that can be assumed as security notification device or in vehicle device (event notification); Fig. 4, 5 and 6 shows connected to CPU and memory to store instructions; Communication control unit control wireless communication associated with event notification device Col. 16 [0011]; Disclosure provide how the encryption/transmission request unit 208 requests the communication control unit 202 to give top priority to the transmission of the SOS packet Col. 18 [0034]-[0036]; And, Fig. 10 illustrates processing related to SOS communication/transmission is controlled by providing top priority to SOS message, issue emergency request. avoiding excessive transmission capacity, large amount of information is transmitted each time an event occurs, the amount of information transmitted to a communication band of communication infrastructure becomes excessive, and thus, transmission of necessary information may be delayed. Avoid information stochastically attenuates as the necessary information spreads farther from the point where the event occurs, Col. 25 [0008], [0024]. Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized combine the disclosure of MacGabann and to include with that of Oba to come up with the claim invention; someone would be motivated to include in the disclosure of MacGabann, to further enhance capability of degree of preparedness in emergency/disaster response system (disclosed by MacGabann) with rescue application used by user or responder to capture emergency response information and further include the moving objects captured information and responses. To include moving objects captured image in the disclosure of MacGabann, communication volume control can be optimized including the SOS prioritized features of Oba and the emergency responses can generated/processed event oriented as MacGabann. That will reduce communication response volume avoiding stochastically attenuates of flooding alert information and congestion control. Oba discloses, ‘and at least one processor configured to execute the instructions to: receive the monitoring information from the plurality of imaging devices;’(Fig. 4 shows an event notification device, Fig. 5 illustrates relay device and Fig. 12 includes regional security monitoring receive security monitoring connect the event notification device, relay device and a BS. The event notification send notification/event to information processing or relay device that process, relay and send to regional security monitoring server. And, Fig. 6 includes processor that execute instruction packet analysis, issuance, encryption then send to regional security monitoring associated with regional server.) Oba discloses, ‘display a map indicating an image capturing position included in the monitoring information received from the imaging devices, the image capturing position indicated in different modes for positions where the monitoring information includes the images and for positions where the monitoring information does not include the images;’ (Fig. 16 monitoring information send to the output 6105. Event notification device operates in accusation functions of different mode based on type of event or input trigger according to occurrence such as normal or alert mode and image or capture mode Col. 25 [0067]. Fig. 8 illustrates packet includes position from GNSS satellite position system and further illustrates as a component of event notification device, Fig. 7. Different mode and an event triggered based on type of event detected by the triggered input as sensors (Fig. 4, Fig. 5 and Fig. 7). Type of event includes: an alert switch, an emergency assistance request switch, an impact detection accelerometer, alert release switch Col. 16 [0035]. As an example: an event low urgency SOS transmitted and image captured data capacity reduced and decimation. High urgency of emergency request SOS transmitted immediately then transmit detail image. The event by the impact detection accelerometer a predetermined value or more is detected by the sensor automatically transmitted as urgency transmit SOS packet and then send images Col. 16 [0048], [00556-0060]. Regarding the display a map, disclosure provide: Information processing device transmit SOS packet as relay message is collected as a map in the regional security monitoring and perform extraction of information, and generates a map as residual tracking information map Col. 26 [0035, 0053]. FIG. 12B is a flowchart illustrating an example of processing using an SOS packet and an image in a regional transport/security monitoring Col. 2 [0048]) Regarding claim element, ‘and in a case where an operator performs an operation specifying an image capturing position on a map, for positions where display the images are included in the monitoring information, display images related to the monitoring information received in response to the operation, and information received in response to the operation, and for positions where the images when images are not included in the monitoring information, transmit a request to the imaging devices, which are a transmission source of the monitoring information including the image capturing position, and display the images received from the imaging devices in response to the operation. ’ Oba discloses though discloses, Fig. 8 capture position of SOS packet and image performs information processing system. Fig. 12 and Fig. 3 illustrates SOS packet include image from event notification device passes through relay tiers at time interval t1, t1 and t3 further avoid relay due to outside region Col. 9 [0024]. This is determined based on position acquisition 221 shown in Fig. 7. And, determination to include this information as part of security monitoring depends on the position acquisition whether this within impacted area and also type of event, alert switch, triggered input, sensors and accelerometer (Fig. 4 and Fig. 5) as disclosed above. According to an embodiment, the SOS packet and image transmitted from the event notification device 10 are transmitted via a plurality of routes Col. 11[0026]. Issuance information generation unit generates an ID unique to this event including time, position and transmission source. See Fig. 8 and 9. Vehicle, one of the moving object provide monitoring information such SOS, images depends on priority and communication control procedure. A node or a regional security monitoring system receive SOS packet and an image configured with ID, can directly browse a location distribution of high-precision and high-density data locally stored in the middle of transmission of the SOS packet relating to the ID Col. 25 [0003-0004]. Disclosure, illustrates connectivity as Fig. 12A, the event notification device (security device or in vehicle device), information processing device connected directly transmitted to regional security monitoring cloud and server Col. 25 [0012]. Relay devices perform information processing at tiers may not be directly connected can transmit uses the BS to connect the regional security monitoring cloud and server. Fig. 12. Includes wired line provider, BS and regional transport security monitoring cloud. As disclosed above, the input can be triggered in various forms: trigger input, and sensors Fig. 4 and Fig. 5. Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized combine the disclosure of MacGabann and to include with that of Oba to come up with the claim invention; Someone would be motivated to enhance the capability of rescue operation with mitigation strategies of calamities, disaster, earthquake etc. (as disclosed by MacGabann) to emergency safety procedures daily life events and road traffic safety events autonomous vehicle that provides more security features to users high-precision and high-density image processing capability (disclosed by Oba). Further, MacGabann discloses communication volume and congestion control multivariate basis or takes the form of a stochastic partial differential equation (SPDE), as it attempted to predict cell network volume while certain events are taking place. A rescue monitoring system i.e. disaster monitoring system [0030], Rescue management system widely used in North America public safety emergency service system service integrated by various operator [0038]. As part of disaster monitor system the disclosure uses disaster monitoring application satellite image, seismic sensors, weather data, and accelerometer [0059],[0107]. Uses triage algorithm subroutine [0072]. Further, display a map of emergency request locations in a simulation of the emergency response system Fig. 6. Oba disclosed rescue monitoring system as pubic safety security procedures integrated with computing devices used by user and autonomous vehicles with high-precision and high-density image analysis, process and evaluation that can trigger events based on sensors and accelerometer. Disclosure includes, communication control and event based trigger input urgency/precedence to determine/transmit SOS packet and image. Regarding Claim 10, Identical to Claim 1 disclosed above, ‘A communication volume control method comprising: acquiring, by a communication volume control device and in a case where a disaster occurs, target area information indicating a target area expected to be impacted by the disaster that has occurred’; Identical to Claim 1 disclosed above, ‘[[and]] instructing, by the communication volume control device a plurality of imaging devices, which are mounted to each of a plurality of moving bodies and which transmit monitoring information related to captured images to a monitoring device at a predetermined timing, whether or not to transmit the captured images to adjust a communication volume based on the target area information when transmitting the monitoring information to the monitoring device from the imaging devices; receiving, by a monitoring device, the monitoring information from the plurality of imaging devices; displaying, by the monitoring device, a map indicating an image capturing position included in the monitoring information received from the imaging devices, the image capturing position indicated in different modes for positions where the monitoring information includes the images and for positions where the monitoring information does not include the images; and in a case where an operator performs an operation specifying an image capturing position on a map, for positions where display the images are included in the monitoring information, displaying, by the monitoring device, images related to the monitoring information received in response to the operation; and for positions where the images when images are not included in the monitoring information, transmitting, by the monitoring device, a request to the imaging devices, which are a transmission source of the monitoring information including the image capturing position, and displaying the images received from the imaging devices in response to the operation. Regarding Claim 11, Identical to Claim 1 and apparatus claim, ‘A non-transitory recording medium a program executable by a monitoring system to perform processing, the monitoring system comprising a communication volume control device and a monitoring device, the processing comprising: by a communication volume control device and in a case where a disaster occurs, target area information indicating a target area expected to be impacted by the disaster that has occurred;’ ( Rescue management server Fig. 1, [0225-0226] non-transitory medium stored and execute see disclosure MacGabann in Claim-17); Identical to Claim 1 disclosed above, ‘[[and]] instructing, by the communication volume control device, a plurality of imaging devices, which are mounted to each of a plurality of moving bodies and which transmit monitoring information related to captured images to a monitoring device at a predetermined timing, whether or not to transmit the captured images to adjust a communication volume based on the target area information when transmitting the monitoring information to the monitoring device from the imaging devices; receiving, by a monitoring device, the monitoring information from the plurality of imaging devices; displaying, by the monitoring device, a map indicating an image capturing position included in the monitoring information received from the imaging devices, the image capturing position indicated in different modes for positions where the monitoring information includes the images and for positions where the monitoring information does not include the images; and in a case where an operator performs an operation specifying an image capturing position on a map, positions where display the images are included in the monitoring information, displaying, by the monitoring device, images related to the monitoring information received in response to the operation; and for positions where the images when images are not included in the monitoring information, transmitting, by the monitoring device, a request to the imaging devices, which are a transmission source of the monitoring information including the image capturing position, and displaying the images received from the imaging devices in response to the operation.’ 10. Claims 2 is rejected under 35 U.S.C. 103 as being unpatentable over Oba et al. and in view of MacGabann et al. and further in view of “Liu Zhimin et al” (Published: CN109151792A) hereinafter “Liu Zhimin”. Regarding Claim 2, ‘The communication volume control device according to claim 1’ (disclosed above)’, ‘wherein the target area information includes information indicating a degree of impact of the disaster for each area, and wherein the at least one processor is further configured to execute the instructions to: instruct the imaging devices of the moving bodies, which pass through areas in which a degree of impact of the disaster is smaller for each area, to reduce the communication volume to less than before the disaster occurred when transmitting the monitoring information to the monitoring device from the imaging devices.’ Regarding above claim element to reduce the communication volume based on degree of disaster impacted in an area, thus have more emphasis on the claim interpretation on degree of impact while moving object carry out rescue operation by maneuver or traversal in a impacted area, and Oba discloses to provide top priority SOS communication and reduce communication volume. Disclosure uses localization component to limit the communication within the proximity to reduce excessive communication volume (Fig. 15). Moving object such as vehicle capable of auto driving and carry out task such as situational analysis by map analysis, detection unit to collect external information, route planning, see Fig. 15, is a schematic block diagram illustrating a configuration example of a function of a control system of a vehicle configured to mount the event notification device. Analyzed SOS packet and determines urgency higher or lower. in Step S104 of FIG. 10, the encryption/transmission request unit 208 requests the communication control unit 202 to issue an emergency request according to the degree of urgency, And, didn’t disclose identify the degree of impact while moving disaster impact area. MacGabann discloses triage algorithm and have emergency severity in order to assign a severity score used during triage of the rescue request application. Fig. 3D rescue operations subroutine and Fig. 3E shows the triage algorithm uses impact severity analysis [0030, 0039], public service answering points uses that reduces the communication traffic, congestion control multivariate basis or takes the form of a stochastic partial differential equation (SPDE), as it attempted to predict cell network volume while certain events are taking place and provide appropriate response procedure for rescue operation [0040-0042]. Further, through response PSAP (rescue server app) identifies location, type, severity. In Fig. 10 illustrates input from user perform NLP analysis, kNN grouping and decision tree to generate EMS code related to severity. And, communication control or reduce communication volume based on severity that is based on the user and responder response. Uses weighted severity vectors and respond to request [0098], [0108], [0135]. That optimized and reduces the computation. Collects impacted area location imagery and data overlays [0130]. Discloses, ‘to reduce the communication volume to less than before the disaster occurred when transmitting the monitoring information to the monitoring device from the imaging devices.’ Yet, the degree of impact is user input based that can differ when some of the user more impacted and out of communication network/disruption and coverage. Liu Zhimin in the same field of endeavor uses a different approach that addresses the degree of impact of disaster place where there can be completely out of communication such as a place or users, have out of communication coverage, might have more impacted than those have communication sending response that become mission critical task for rescue operation to understand real-time severity of the impacted area. The disclosure deploy very flexible micro-base station on a unmanned aerial vehicle system or drone and provide emergency communication network deployment in the disaster location [abstract]. Further, the communication network solution for planning an emergency communication network according to the field data information includes: determining a region range and a topographical feature of the target area collect image information, and the environment parameter information of the target area page 3 [0026-27]; carry out real-time monitoring of target area adjust to changed data field information. Register the user terminal in said target area, user terminal topography features and target area emergency networking plan of the communication network. As part of real-time monitoring and receive impacted area information, the control station may also traverse the entire target area through the first micro base station or start another micro base station, scan the coverage effect of the newly established emergency communication network, control station do real-time adjustment. That is useful to provide effective communication coverage, control communication traffic while traverse the impacted area. Page 9 [0011-0012]; Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of MacGabann and to include with that of Liu Zhimin to come up with the claim invention; someone would be motivated to include in the disclosure of MacGabann, reducing communication volume control based on severity and further assess the degree of impact and collect target area information taking consideration the target area communication infrastructure being affected. While triage algorithm to identify the impact, complexity, intensity. And, the scenario can be best-case and worse-case. The worse-case, the target area affected and can’t identify impact without the intervention of remote pilot vehicle and drone before communication infrastructure recovery. Therefore, by deploying series micro-base station short notice temporary basis (till restore existing communication network infrastructure) either by drone/RPV/UAV to support the communication coverage. That is unavailable without restoration and to assess the degree of impact in the affected area collecting real-time information consider the places have more severity without coverage. Emergency communication networking solution to be deployed to perform mission critical task supported by number of micro base stations in the deployment location cover wide affected area (disclosure Liu Zhimin, summary of the invention page 2 [0033-34]). That can complement the rescue operation and enhance capability of responder provide mission critical communication task. 11. Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over MacGabann et al. and in view of Oba et al. and further in view of Liu Zhimin et al and further in view of “Christos Kyrkou et al” and (Published: IEEE JOURNAL OF SELECTED TOPICS IN APPLIED EARTH OBSERVATIONS AND REMOTE SENSING, VOL. 13, 2020, Title: “EmergencyNet: Efficient Aerial Image Classification for Drone-Based Emergency Monitoring Using Atrous Convolutional Feature Fusion”) hereinafter “Christos Kyrkou”. Regarding Claim 3, ‘communication volume control device according to claim1’ (disclosed above), Though Oba discloses emergency map depicts emergency response (Fig. 6), MacGabann discloses map analysis (Fig. 15) and Liu Zhimin discloses topographical information (page 8 [0009] and didn’t disclose, ‘wherein the target area information is information to be specified from a hazard map indicating areas in which damage from the disaster is expected for each disaster classification’ , Christos Kyrkou in the same field of endeavor discloses, Autonomous UAV fast deployment in mission critical tasks in real-time and can operate disaster stricken area that are inaccessible, page 1 and [abstract]. In Fig. 2. AIDER applications: Example images from the database by class, Table II summary of the aider applications, a dedicated database for this task is constructed referred to as AIDER (Aerial Image Dataset for Emergency Response applications). The dataset construction involved manually collecting all images for four disaster; Section III. Deep Learning For Aerial Disaster Classification, page 4; To further include disclosed above Claim 2, ‘and wherein the at least one processor is further configured to execute the instructions to: instruct the imaging devices of the moving bodies outside a target area to reduce the communication volume by setting the areas in which damage from the disaster is expected’ (MacGabann discloses disaster area location imagery, data overlay and inside and outside disaster area are obtained [0130]), And combine the disclosure of Christos Kyrkou, ‘and which are indicated by the hazard map associated with the classification of the disaster that has occurred as the target area.’ (disclosed above Section III. Deep Learning For Aerial Disaster Classification, page 4, Fig. 2 and Table I). Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Christos Kyrkou and to include with that of Liu Zhimin to come up with the claim invention; someone would be motivated to include in the disclosure of Christos Kyrkou, for efficient aerial image classification by drone-based emergency monitoring in real-time to perform emergency rescue operation inaccessible disaster-stricken area. This would significantly reduce the response time while perform the rescue operation. Regarding Claim 4, ‘communication volume control device according to Claim 3’ (disclosed above), Christos Kyrkou discloses, ‘wherein the hazard map indicates areas in which damage from the disaster is expected and an expected level of damage in the areas’ (Section III. Deep Learning For Aerial Disaster Classification, page 4, Fig. 2 and Table I as disclosed in Claim 3 above for real-time obtained aerial images for disaster classification. And further, show EmergencyNet matrix to identify and show the comparison between expected/predicted damage classification with the actual.), To include Claim 3 disclosed above, ‘and wherein the at least one processor is further configured to execute the instructions to: instruct the imaging devices of the moving bodies outside an area in which the expected level of damage in respect of the disaster that has occurred in the hazard map is equal to or more than a predetermined value to reduce the communication volume.’ Regarding monitoring and image information data overlay inside and outside, MacGabann discloses collect user request from rescue application PSAP, user input analyze the request by NLP or decision tree to generate EMS code severity based on predetermined value [0041-0042];) Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Christos Kyrkou and to include with that of Liu Zhimin to come up with the claim invention; someone would prioritize to identify disaster intensity/classification to respond appropriately based on intensity for emergency response and monitoring application (disclosed by Christos Kyrkou). Regarding Claim 5, ‘communication volume control device according to claim1’ (disclosed above), Christos Kyrkou discloses, ‘wherein the target area information is information to be specified from disaster information generated when a disaster occurs and which indicates an area in which the disaster has occurred’ (The disclosure, Fig. 1 and Fig.2 target are information generated by UAV analyze the situation. Further, the disclosure provide efficient aerial image classification from UAV for emergency response monitoring application [Abstract]. Section III. Deep learning for aerial disaster-event classification and convolution neural network classification to identify real-time disaster impacted and occurred that can measure the intensity and determine the target area as specified, page 5 and include the data AIDER. Fig. 6 is an example of issue image-classification and further improve in Fig.7), Identical to Claim 4 disclosed above, ‘and wherein the at least one processor is further configured to execute the instructions to: instruct the imaging devices of the moving bodies outside the target area to reduce the communication volume by setting the areas in which the disaster has occurred indicated by the disaster information acquired in respect of the disaster that has occurred set as the target area.’ Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Christos Kyrkou and to include with that of Liu Zhimin to come up with the claim invention; someone would identify disaster intensity/classification and determine impacted area to collect the target area information based on intensity/severity that will reduce communication volume while carry out the rescue operation. Regarding Claim 6, ‘communication volume control device according to claim 5’ (disclosed above), Christos Kyrkou discloses, ‘wherein the disaster information indicates areas in which damage has occurred and a level of damage in the areas’ (See page 6, Microarchitecture Design Choices and develop Emergency-Net model structure low complexity for classification and determine intensity. Aerial disaster classification uses convolution neural network, classify aerial image from UAV for emergency rescue applications and identify the intensity of the impacted area page 4, section III and page 5 section III-B.), Identical to Claim 5 disclosed above, ‘and wherein the at least one processor is further configured to execute the instructions to: instruct the imaging devices of the moving bodies outside an area in which the level of damage that has occurred is equal to or more than a predetermined value in the disaster information to reduce the communication volume.’ Therefore, a person in the ordinary skill in the art before the effective filing date of the claim invention would have recognized that the disclosure of Christos Kyrkou and to include with that of Liu Zhimin to come up with the claim invention; someone would to include disaster-classification to determine level/intensity occurred. Response to Arguments 12. Applicant's arguments filed 06/06/2025 have been fully considered but they are not persuasive. Arguments: Applied art claim recitations Claims 1, and 7-11 have been rejected under 35 USC 103 as being unpatentable over Oba (12,075,323) in view of MacGabann (2019/0313230). Claim 2 has been rejected under 35 USC 103 as being unpatentable over Oba and MacGabann in view of Zhimin (CN109151792A). Claims 3-6 been rejected under 35 USC 103 as being unpatentable over Oba, MacGabann, and Zhimin in view of Kyrkou ("EmergencyNet: Efficient Aerial Image Classification for Drone-Based Emergency Monitoring Using Atrous Convolutional Feature Fusion" article). Applicant submits that the independent claims are patentable, such that the other claims are patentable at least because they depend on patentable base independent claims. The independent claims have been amended to recite the subject matter of now-cancelled claims 7-9. On this basis, Applicant submits that they are patentable. First, as to the claim element involving instructing a plurality of imaging devices, MacGabann does not describe reducing communication volume by deciding whether or not to send images. Oba describes reducing communication volume based on the priority of events (such as traffic accidents). However, Obata does not clearly describe how it reduces communication volume based on target area information indicating areas impacted by a disaster, as in the present application. Neither Zhimin nor Kyrkou resolves this deficiency. Second, as to the claim element involving displaying a map, by permitting an operator to specify capturing locations on the map where images have not been transmitted because they are outside the target area, the operator can distinguish locations where images have not been sent. This helps reduce the possibility of the operator mistakenly identifying a need to understand the situation and inadvertently specifying a location with no image transmission, thereby preventing unnecessary communication of images from the imaging device to the monitoring device. The applied art in combination does not provide for this advantage. For the foregoing reasons, the pending claims are patentable. Examiners response: With respect to applicant’s arguments/remarks, examiner responses are: Examiner reviewed the applicant’s arguments/remarks, amended claims and provided required corrections in the office actions with disclosures from the closest prior art that covers the subject matters. Addressed all the claims and applicant’s argument/remarks disclosed from the presented prior arts MacGabann et al, in view of Oba et al., in view of “Liu Zhimin et. al. and further in view of Christos Kyrkou et. al. Please see this office action page 4 to page 26. Regarding amended claim 1, 10 and 11 subject matter: MacGabann discloses communication volume and congestion control multivariate basis or takes the form of a stochastic partial differential equation (SPDE), as it attempted to predict cell network volume while certain events are taking place. A rescue monitoring system i.e. disaster monitoring system [0030], Rescue management system widely used in North America public safety emergency service system service integrated by various operator [0038]. As part of disaster monitor system the disclosure uses disaster monitoring application satellite image, seismic sensors, weather data, and accelerometer [0059],[0107]. Uses triage algorithm subroutine [0072]. Further, display a map of emergency request locations in a simulation of the emergency response system Fig. 6. Oba disclosed rescue monitoring system as pubic safety security procedures integrated with computing devices used by user and autonomous vehicles with high-precision and high-density image analysis, process and evaluation that can trigger events based on sensors and accelerometer. Disclosure includes, communication control and event based trigger input urgency/precedence to determine/transmit SOS packet and image. Regarding the applicants arguments Oba didn’t disclose how to adjust of communication volume. Examiner provide few important aspects from disclosure of Oba: 1) prioritize the transmission such as SOS packets (Fig. 11, 12B); 2) event notification device initiates the transmission have components imaging, message analysis, encryption/transmission request and transmission evaluation 3) image captured by event notification device not directly transmitted to regional transport security monitoring cloud Col. 25 [0008 to 0012] to reduce excessive and stochastically attenuation Col. 25 [0024]; 4) communication control limits hop count to prevent unlimited propagation, urgency level, determination of emergency request, and relay processing Fig. 10 and 11; In FIG. 7 and Fig. 9, includes a communication control unit is part of event notification device run by CPU 1000 and event notification device that can be assumed as security notification device or in vehicle device (event notification); Fig. 4, 5 and 6 shows connected to CPU and memory to store instructions; Communication control unit control wireless communication associated with event notification device Col. 16 [0011]; Fig. 7 includes various component message analysis, issuance, encryption to provide appropriate security procedures, evaluation and communication control. Further, Fig. 12 and 13 flow diagram to determine and decision about SOS packet, high-precision and high density image processing. SOS packet and image generate ID based on event. The regional transport/security monitoring cloud 43 or intermediary node, possible to directly browse a location distribution of high-precision and high-density data locally stored in the middle of transmission of the SOS packet relating to the ID Col. 25 [0003-0004]. Regarding displaying/extracting a captured image specify locations on the map by operator, both Oba and MacGabann discloses (see Fig. 6 and as part Triage algorithm image classification, location severity [0051-0053]). And, Oba in addition to extract information gave emphasis on privacy protection on personal identifiable information PII data by authorized organization. And, examiner provided appropriate disclosures from Oba regarding whether or not send an images. Fig. 12 and Fig. 3 illustrates SOS packet include image from event notification device passes through relay tiers at time interval t1, t1 and t3 further avoid relay due to outside region Col. 9 [0024]. 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 extension fee 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 date of this final action. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached on (571) 272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent- center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /S.A./Examiner, Art Unit 2466 /CHRISTOPHER M CRUTCHFIELD/Primary Examiner, Art Unit 2466
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Prosecution Timeline

Sep 09, 2022
Application Filed
Feb 24, 2025
Non-Final Rejection — §103
Jun 06, 2025
Response Filed
Jun 18, 2025
Final Rejection — §103
Apr 06, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+18.5%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 41 resolved cases by this examiner. Grant probability derived from career allow rate.

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