Prosecution Insights
Last updated: April 19, 2026
Application No. 18/858,132

AERIAL VEHICLE AND METHOD OF CONTROLLING AERIAL VEHICLE

Non-Final OA §102§103
Filed
Oct 18, 2024
Examiner
ZARROLI, MICHAEL C
Art Unit
3658
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Nippon Kayaku Kabushiki Kaisha
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
679 granted / 944 resolved
+19.9% vs TC avg
Strong +16% interview lift
Without
With
+16.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
24 currently pending
Career history
968
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
31.4%
-8.6% vs TC avg
§102
30.7%
-9.3% vs TC avg
§112
32.4%
-7.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 944 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “second power path” must be shown (including an identifying number) or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 (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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 4, 7 is rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Silina et al (US2024/0199220). An aerial vehicle (fig. 2) comprising: a battery (figures 1 & 11 at 114, figures 12A/B 354, 385); a plurality of propulsive mechanisms (“propulsion device 110” & fig. 1, also 110a/b, see also fig. 11); a communication apparatus for wireless communication (¶0007 1st sentence, ¶0110 last sentence “a wired or wireless connection to the electronic controller 120”, ¶0123 “a radio (RF) module 374 to facilitate wireless communication” etc.) with an external device (“remote controller” or “handheld controller” 390); a receiver (¶0178 “DPS is designed for: determining the position and speed of the Prototype”, to ¶0179 “through a receiver”, ¶0180 “FrSky R-XSR receiver”, “receiver (DPSS)”, claim 58 “satellite positioning system coordinates (GPS or GNSS) and further comprising operating the electronic controller in response to a wireless communication signal received from a wireless receiver”, SCU “system control unit”) that obtains a current position (¶0122 1st 2 sentences) of the aerial vehicle by receiving radio waves emitted from a plurality of positioning satellites; a flight controller (“flight control system 15”, 506 in fig. 14, “manual controller 200”) that controls flight of the aerial vehicle and can transmit information on the current position through the communication apparatus; a plurality of drive apparatuses (“motor driver 304” see fig. 11) each communicatively connected to the flight controller (¶0084 last 2 sentence, ¶0085 3rd to 5th sentences), the plurality of drive apparatuses driving respective different ones of the plurality of propulsive mechanisms (“propulsion devices 110” or 110a/b); a distributor (fig. 11 bus lines at top) that distributes supplied electric power to each of the plurality of drive apparatuses (“motor driver 304” see fig. 11); a power supply module (“power supply system 800”, figures 20 & 27) that supplies electric power from the battery to the communication apparatus (fig. 27), the receiver, and the flight controller through a first power path and supplies electric power to the distributor through a second power path (fig. 11); and a disconnection apparatus that cuts off supply of electric power from the power supply module to the distributor through the second power path when predetermined abnormality occurs in the aerial vehicle (¶0099 “Activation of the emergency shutdown button 204 can shut off the power supplies to prevent an abnormal or emergency situation in the water propulsion system 100.”, fig. 36 FAIL & DEACTIVATED states). Claim 4 Silina discloses (¶0215) the aerial vehicle according to claim 1, wherein the flight controller transmits information (fig. 34 964 “telemetry”) on the current position to the external device through the communication apparatus (ACSW 950), based on occurrence of the predetermined abnormality (“F block 960 is the device error detection”). Claim 7 Silina discloses the aerial vehicle according to claim 1, wherein the aerial vehicle is an unmanned aircraft (¶0009 “as autonomous unmanned aircraft (drones)”), each of the propulsive mechanisms (“propulsion device” 110 or 110a/b fig. 1) includes a propeller (fig. 1 unnumbered, fig. 11 at 112) and a motor (111, M) that rotates the propeller (figures 1 & 11), and each of the drive apparatuses drives the motor. Claim 8 is rejected under 35 U.S.C. 102(a)(2) as being clearly anticipated by Silina et al (US2024/0199220). A method of controlling an aerial vehicle (¶0004 1st sentence), the aerial vehicle (fig. 2) supplying electric power from a contained battery (“batteries 114”, 113, 116, 129, 354, 385 etc.) through a first power path (figures 1, 11, 27 etc.), to a flight controller (“flight control system 15”, 506 in fig. 14, “manual controller 200”) that controls flight of the aerial vehicle, a communication apparatus for wireless communication with an external device (¶0007 1st sentence, ¶0110 last sentence “a wired or wireless connection to the electronic controller 120”, ¶0123 “a radio (RF) module 374 to facilitate wireless communication” etc.), and a receiver (¶0178 “DPS is designed for: determining the position and speed of the Prototype”, to ¶0179 “through a receiver”, ¶0180 “FrSky R-XSR receiver”, “receiver (DPSS)”, claim 58 “satellite positioning system coordinates (GPS or GNSS) and further comprising operating the electronic controller in response to a wireless communication signal received from a wireless receiver”, SCU “system control unit”) that calculates a current position of the aerial vehicle (¶0228, ¶0230 “calculation of control actions”, ¶0243), and supplying electric power through a second power path (fig. 11), to a distributor (fig. 11 bus lines at top) that distributes electric power to each of a plurality of drive apparatuses (“motor driver 304” see fig. 11), the drive apparatuses driving respective different ones of a plurality of propulsive mechanisms (“propulsion device 110” & fig. 1, also 110a/b, se also fig. 11) based on a command from the flight controller (¶0112 “The PCS 350 of the water propulsion system 100 is designed to transmit telecommands and to distribute power to the executive equipment of the propulsion system”; ¶0077 especially last sentence), the method comprising: cutting off supply of electric power to the distributor through the second power path when predetermined abnormality occurs in the aerial vehicle (¶0099 “Activation of the emergency shutdown button 204 can shut off the power supplies to prevent an abnormal or emergency situation in the water propulsion system 100.”); and transmitting to the external device (“remote controller” or “handheld controller” 390), information on the current position (¶0122 1st 2 sentences) through the communication apparatus when the predetermined abnormality occurs (¶0099 “Activation of the emergency shutdown button 204 can shut off the power supplies to prevent an abnormal or emergency situation in the water propulsion system 100.”; ¶0113 “receiving and processing telemetric information coming from the WCS 300; …determination of the status of the seaplane's equipment, including identification of accidents and pre-emergency situations; and generation of data for transmission to MCI 200”, ¶0228). 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. 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. 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. Claims 2, 5, 9 & 14 is rejected under 35 U.S.C. 103 as being unpatentable over Silina et al (US2024/0199220) in view of Mochida (US 20210061464). Silina does not disclose an ejection apparatus that includes a parachute and ejects the parachute when the predetermined abnormality occurs. Mochida discloses an aerial vehicle (fig. 1) with an ejection apparatus that includes a parachute (41, 41A) and ejects the parachute (fall control part (16, 16A) that ejects the parachute) when the predetermined abnormality occurs (Abstract). At the time the invention was made to one of ordinary skill in this art it would have been well known to upgrade the device of Silina with the parachute device of Mochida. Emergency parachute systems are quite common in this art with a motivation for improving Silina being to protect expensive equipment in an emergency. This combination follows the rationale from the KSR case law C; use of known technique to improve similar devices (methods, or products) in the same way. Claim 5 Mochida discloses (¶0175 or claim 1) the aerial vehicle according to claim 2, further comprising a sensor (12) that detects whether the ejection apparatus has been activated, wherein when the predetermined abnormality occurs (fig. 9 step S1), the flight controller (fig. 7 at 14) notifies the external device of a result of detection by the sensor, through the communication apparatus (fig. 7 at 17). Claim 9 Silina discloses the aerial vehicle according to claim 2, wherein the flight controller (“flight control system 15”, 506 in fig. 14, “manual controller 200”) transmits information on the current position (¶0122 1st 2 sentences, ¶0124 “remote controller 390 can include an antenna and a display 394 that serves to display information regarding…the location of the aircraft in response to remote control operation”) to the external device through the communication apparatus (fig. 12B “GPS module 372”), based on occurrence of the predetermined abnormality (¶0201-0202 “error detection”, “Device communication control”). Claim 14 Silina discloses the aerial vehicle according to claim 2, wherein the aerial vehicle is an unmanned aircraft (¶0009 “as autonomous unmanned aircraft (drones)”), each of the propulsive mechanisms (“propulsion device” 110 or 110a/b fig. 1) includes a propeller (figures 1 & 11) and a motor that rotates the propeller (figures 1 & 11), and each of the drive apparatuses drives the motor. Allowable Subject Matter Claims 3, 6, 10-13, 15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael C Zarroli whose telephone number is (571)272-2101. The examiner can normally be reached Monday-Friday 9-5 ET IFP. 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, Ramon Mercado can be reached at 5712705744. 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. MICHAEL C. ZARROLI Primary Examiner Art Unit 3658B /MICHAEL C ZARROLI/Primary Examiner, Art Unit 3658 /M.C.Z/Primary Examiner, Art Unit 3658
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Prosecution Timeline

Oct 18, 2024
Application Filed
Jan 27, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
88%
With Interview (+16.2%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 944 resolved cases by this examiner. Grant probability derived from career allow rate.

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