Prosecution Insights
Last updated: August 17, 2026
Application No. 19/099,492

OPERATION CONTROL DEVICE AND OPERATION CONTROL METHOD

Non-Final OA §103
Filed
Jan 29, 2025
Priority
Aug 02, 2022 — JP 2022-123566 +1 more
Examiner
SHAFI, MUHAMMAD
Art Unit
3666
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hitachi Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1000 granted / 1122 resolved
+37.1% vs TC avg
Strong +16% interview lift
Without
With
+16.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
28 currently pending
Career history
1148
Total Applications
across all art units

Statute-Specific Performance

§101
17.3%
-22.7% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1122 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 . 2. This communication is a first office action, non-final rejection on the merits. Claims 1-15, filed as preliminary amendment, are currently pending and have been considered below. Claim Rejections - 35 USC § 103 3. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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. 4. Claims 1-2, 4-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over (Tazume (JP-2021-054320A) in view of JP-2020-513122A ( inventor unknown, hereinafter “JP-3122”) in view of Beaurepaire et al. ( USP 2021/0012669). As Per Claim 1, Tazume teaches, an operation control device of an air vehicle (UAV 1, Fig.1, [0005-0007), comprising: a weather information acquisition section that acquires weather information on a flight route of the air vehicle; ([0006], [0017], [0018], [0026], [0028], [0036-0037], [0042]); and a flight route designing section that modifies the flight route based on the impact range of the noise calculated by the noise impact range estimation section ([0025]). However, Tazume does not explicitly teach, an air-vehicle information storage section that stores information on a structure and performance of the air vehicle; a map information storage section that stores map information including information on a living area and topography; a noise impact range estimation section that calculates an impact range of noise generated by the air vehicle based on at least the weather information, the air vehicle information on the structure and the performance of the air vehicle, the map information, and the flight route, and/or other information. In an analogous art, (JP-2020513122, hereinafter “JP-3122“), teaches, navigation systems for drones, wherein, an air-vehicle information storage section that stores information on a structure and performance of the air vehicle; a map information storage section that stores map information including information on a living area and topography; ( via UAV 100 using SLAM algorithm to determine UAV’s current and planned locations, and storing “a large area feature map onboard the UAV”, Page 11, 4th and 5th para, Figs. 1,3,4,6 and 9). It would have been obvious to one of ordinary skill in the art, having the teachings of Tazume and “JP3122” before him before the effective filing date of the claimed invention to modify the systems of Tazume, to include the drone navigation teachings ( SLAM algorithm and on board database) of “JP-3122” and configure with the system of Tazume in order to UAV achieve SLAM algorithm and onboard database of the large area feature maps to adjust UAV flight route based on portion of the geographic area and population. Motivation to combine the two teachings is, to using geographic area map to control UAV flight operation based on population density (i.e., an added safety feature to fly UAV at certain altitude in human population area and keep noise under tolerance level). However, Tazume in view of “JP-3122”does not explicitly teach, a noise impact range estimation section that calculates an impact range of noise generated by the air vehicle based on at least the weather information, the air vehicle information on the structure and the performance of the air vehicle, the map information, and the flight route, and/or other information. In an analogous Art, Beaurepaire et al.( Beaurepaire) teaches, method and apparatus for routing an aerial vehicle based on a relative noise impact, wherein, a noise impact range estimation section that calculates an impact range of noise generated by the air vehicle based on at least the weather information,[0043] the air vehicle information on the structure and the performance of the air vehicle, the map information, and the flight route, and/or other information ( via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). It would have been obvious to one of ordinary skill in the art, having the teachings of Tazume “JP-3122” and Beaurepaire before him before the effective filing date of the claimed invention to modify the systems of Tazume, to include the teachings (modules 301-307 of drone routing platform 111) and configure with the system of Tazume in order to estimating noise impact based in different parameters and controlling the UAV flight route to have minimum noise effect on resident. Motivation to combine the two teachings is, to generate UAV flight route based on wind velocity, atmospheric temperature, flight speed to estimate noise impact, using permissible noise level near the ground and to control UAV to suppress generated noise to allowable level or less, and control UAV flight operation (i.e., an added safety feature to fly UAV at certain altitude in human population area and keep noise under tolerance level ). As per Claim 2, Tazume as modified by “JP-3122” and Beaurepaire teaches the limitation of Claim 1. However, Tazume in view of “JP-3122” and Beaurepaire teaches, wherein the weather information includes wind condition information including prediction information on wind speed and a wind direction, and the noise impact range estimation section sets an impact range of the noise based on an expansion coefficient of a noise propagation range according to the wind speed (Beaurepaire: via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). (See claim 1 above for rationale supporting obviousness, motivation, and reason to combine.). As per Claim 4, Tazume as modified by “JP-3122” and Beaurepaire teaches the limitation of Claim 1. However, Tazume in view of “JP-3122” and Beaurepaire teaches, wherein the map information storage section stores information on structures on the ground, and the noise impact range estimation section sets the noise impact range based on the information on the structures on the ground and the topography around the flight route. (Beaurepaire: via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). (See claim 1 above for rationale supporting obviousness, motivation, and reason to combine.). As per Claim 5, Tazume as modified by “JP-3122” and Beaurepaire teaches the limitation of Claim 1. However, Tazume in view of “JP-3122” and Beaurepaire further teaches, wherein the map information storage section includes predictive information on a densely populated area, and the flight route designing section designs the flight route to avoid overlap between the noise impact range estimated by the noise impact range estimation section and the densely populated area , (“JP-3122”: via UAV 100 using SLAM algorithm to determine UAV’s current and planned locations, and storing “a large area feature map onboard the UAV”, Page 11, 4th and 5th para, Figs. 1,3,4,6 and 9). (See claim 1 above for rationale supporting obviousness, motivation, and reason to combine.). As per Claim 6, Tazume as modified by “JP-3122” and Beaurepaire teaches the limitation of Claim 1. However, Tazume in view of “JP-3122” and Beaurepaire further teaches, wherein the air-vehicle information storage section includes information on propulsion performance of the air vehicle, (“JP-3122”: via UAV 100 using SLAM algorithm to determine UAV’s current and planned locations, and storing “a large area feature map onboard the UAV”, Page 11, 4th and 5th para, Figs. 1,3,4,6 and 9); and the noise impact range estimation section estimates an impact range of noise generated by the air vehicle being a noise source, based on the information on the propulsion performance.(Beaurepaire: via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). (See claim 1 above for rationale supporting obviousness, motivation, and reason to combine.). As per Claim 7, Tazume as modified by “JP-3122” and Beaurepaire teaches the limitation of Claim 1. However, Tazume in view of “JP-3122” and Beaurepaire further teaches, wherein when current or prediction information on the weather information or the map information varies, the flight route designing section modifies the flight route of the air vehicle based on the noise impact range estimated by the noise impact range estimation section, (Beaurepaire: via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). (See claim 1 above for rationale supporting obviousness, motivation, and reason to combine.). As per Claim 8, Tazume as modified by “JP-3122” and Beaurepaire teaches the limitation of Claim 1. However, Tazume in view of “JP-3122” and Beaurepaire further teaches, a flight speed designing section that designs a plan of flight speed of the air vehicle, wherein when a flight distance to a destination of the air vehicle is changed due to modification of the flight route, (Beaurepaire : via aerial vehicle routing platform 111, [0097]). However, Baeurepaire does not teach, the flight speed designing section redesigns the flight speed to prevent delay in arrival time to the destination. Therefore, like calculating 3D route planning taking into consideration of UAV speed calculation as in Beaurepaire, it would have been obvious to increase the speed of UAV when the destination distance changes (increase) to prevent delay arrival. It would have been obvious to one of ordinary skill in the art, having the teachings of Tazume and Beaurepaire before him before the effective filing date of the claimed invention to modify the systems of Tazume, to include the teachings (modules 301-307 of drone routing platform 111) and configure with the system of Tazume in order to increase the UAV speed when destination distance increases in order to prevent delay of arrival. Motivation to combine the two teachings is, to arrive on time at destination. As per Claim 10, Tazume as modified by “JP-3122” and Beaurepaire teaches the limitation of Claim 1. However, Tazume in view of “JP-3122” and Beaurepaire further teaches, wherein the noise impact range estimation section sets the noise impact range while dividing the densely populated area into a plurality of areas according to population density, and changing a noise level according to the population density (Beaurepaire: via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). (See claim 1 above for rationale supporting obviousness, motivation, and reason to combine.). 5. Claims 11-12 , 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over (Tazume (JP-2021-054320A) in view of Beaurepaire et al. ( USP 2021/0012669). As Per Claim 11, Tazume teaches, an operation control method of an operation control device that controls an air vehicle (UAV 1, Fig.1, [0005-0007), that flies along a flight route, the operation control method comprising: acquiring weather information for the flight route of the air vehicle; ([0006], [0017], [0018], [0026], [0028], [0036-0037], [0042]); and modifying the flight route based on the calculated impact range of the noise ([0025]). However, Tazume does not explicitly teach, calculating an impact range of noise generated by the air vehicle, based on the weather information, air vehicle information on a structure and performance of the air vehicle, map information, and a flight plan, and/or other information. In an analogous Art, Beaurepaire et al.( Beaurepaire) teaches, method and apparatus for routing an aerial vehicle based on a relative noise impact, wherein, calculating an impact range of noise generated by the air vehicle, based on the weather information, air vehicle information on a structure and performance of the air vehicle, map information, and a flight plan, and/or other information (via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). It would have been obvious to one of ordinary skill in the art, having the teachings of Tazume and Beaurepaire before him before the effective filing date of the claimed invention to modify the systems of Tazume, to include the teachings (modules 301-307 of drone routing platform 111) and configure with the system of Tazume in order to estimating noise impact based in different parameters and controlling the UAV flight route to have minimum noise effect on resident . Motivation to combine the two teachings is, to generate UAV flight route based on wind velocity, atmospheric temperature, flight speed to estimate noise impact and control UAV flight route using permissible noise level near the ground and to control UAV to suppress generated noise to allowable level or less, and control UAV flight operation (i.e., an added safety feature to fly UAV at certain altitude in human population area and keep noise under tolerance level). As per Claim 12, Tazume as modified by Beaurepaire teaches the limitation of Claim 11. However, Tazume in view of Beaurepaire further teaches, wherein the weather information includes wind condition information including prediction information on wind speed and a wind direction, and the nose impact range is set based on an expansion coefficient of a noise propagation range according to the wind speed (Beaurepaire: via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). (See claim 11 above for rationale supporting obviousness, motivation, and reason to combine.). As per Claim 14, Tazume as modified by Beaurepaire teaches the limitation of Claim 11. However, Tazume in view of Beaurepaire further teaches, wherein the noise impact range is set based on information on structures on the ground and topography around the flight route (Beaurepaire: via mapping module 310, real-time data module 303, routing module 305 and routing validation module 307 of aerial vehicle routing platform 111, [0043-0048], Figs. 1, 3 and 4). (See claim 11 above for rationale supporting obviousness, motivation, and reason to combine.). As per Claim 15, Tazume as modified by Beaurepaire and “JP-3122” teaches the limitation of Claim 11. However, Tazume in view of Beaurepaire and “JP-3122” further teaches, wherein the flight route is designed to avoid overlap between the calculated noise impact range and a densely populated area, (Beaurepaire: [0043], [0044-0048]). (See claim 11 above for rationale supporting obviousness, motivation, and reason to combine.). Allowable Subject Matter 6. Claims 3, 9 and 13 are 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 MUHAMMAD SHAFI whose telephone number is (571)270-5741. The examiner can normally be reached M-F 8:30 am -5:00 pm. 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, Scott Browne can be reached at 571-270-0151. 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. /MUHAMMAD SHAFI/Primary Examiner, Art Unit 3666C
Read full office action

Prosecution Timeline

Jan 29, 2025
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+16.3%)
2y 4m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1122 resolved cases by this examiner. Grant probability derived from career allowance rate.

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