Prosecution Insights
Last updated: April 19, 2026
Application No. 18/278,209

REMOTE OPERATION ASSISTANCE SERVER AND REMOTE OPERATION ASISTANCE SYSTEM

Non-Final OA §102
Filed
Aug 22, 2023
Examiner
SMITH-STEWART, DEMETRA R
Art Unit
3661
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Kobelco Construction Machinery Co. Ltd.
OA Round
2 (Non-Final)
90%
Grant Probability
Favorable
2-3
OA Rounds
2y 5m
To Grant
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allow Rate
654 granted / 728 resolved
+37.8% vs TC avg
Moderate +8% lift
Without
With
+8.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
33 currently pending
Career history
761
Total Applications
across all art units

Statute-Specific Performance

§101
13.3%
-26.7% vs TC avg
§103
24.4%
-15.6% vs TC avg
§102
49.9%
+9.9% vs TC avg
§112
4.9%
-35.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 728 resolved cases

Office Action

§102
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 . Status of Claims This Office Action is in response to the reply filed on December 29, 2025. Claims 1-9 are pending. Claims 1 and 9 are independent. Response to Arguments Applicants’ arguments have been fully considered and persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made. Claim Rejections - 35 USC § 102 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 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by W.O. 2021166476 to U.S. Patent Publication No. 2023/0177732 to Otani et al. (hereinafter “Otani”). Claims 1-4 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hama. The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. With respect to independent claim 1, Otani discloses a first assistance processing element configured to acquire a picked-up image indicating an environment of the work machine through a real machine image pickup device loaded on the work machine, and make a work environment image according to the picked-up image be displayed at a remote image output device configuring the remote operation device (see page 2: The remote control support server 10 includes a database 102, a first support processing element 121, and a second support processing element 122. The database 102 stores and holds captured image data and the like. The remote control device 20 includes a remote control device 200, a remote input interface 210, and a remote output interface 220. The remote control device 200 is composed of an arithmetic processing unit (single-core processor or multi-core processor or a processor core constituting the same), reads necessary data and software from a storage device such as a memory, and applies the data to the software. Executes the corresponding arithmetic processing. The remote input interface 210 includes a remote control mechanism 211. The remote output interface 220 includes an image output device 221 and a remote wireless communication device 222.); and a second assistance processing element configured to recognize a future change mode of a real space area projected in the work environment image displayed at the remote image output device by the first assistance processing element, and make a remote output interface configuring the remote operation device output a previous notice indicating the future change mode of the real space area (see page 2: The turning angle of the remote control device can be intuitively recognized by the operator of the remote control device. In addition, through the time change mode of the indicator, the operator of the remote control device can intuitively check the length of the distance between the end effector of the work machine and the upper swivel body and / or the time change mode of the swivel angle of the upper swivel body with respect to the lower traveling body. The remote control device 200 may include a first support processing element 121 and a second support processing element 122.). With respect to dependent claim 2, Otani discloses wherein the second assistance processing element recognizes the future change mode of the real space area projected in the work environment image, according to a specified state detected by a real machine periphery monitoring device loaded on the work machine (see abstract: By means of indicators M1, M2 that are outputted to a remote output interface 220 (image output device 221) that constitutes a remote operation device 20, it is possible to cause the operator of the remote operation device 20 to intuitively recognize the length of a gap between the end effector 445 of the work machine 40 and an upper turning body 420, and/or the turning angle of the upper turning body 420 in relation to a lower travel body 410.). With respect to dependent claim 3, Otani discloses wherein the second assistance processing element recognizes a future displacement mode of the real space area as the future change mode of the real space area, and makes an output part of the previous notice configured by the remote output interface be displaced according to the future displacement mode of the real space area (see abstract and page 6: by means of the aspect of the change over time of the indicators M1, M2, it is possible to cause the operator of the remote operation device 20 to intuitively recognize the length of the gap between the end effector 445 of the work machine 40 and the upper turning body 21, and/or the aspect of the change over time of the turning angle of the upper turning body 420 in relation to the lower travel body 410. By comparing the indicators M1 and M2 representing the current index values with reference to the indicators M1 and M2 representing the reference index values M11,M12, M21 and M22 output to the remote output interface 220 (image output device 221). Based on at least one of the start and end points of the interaction between the end effector 445 and the object, the length of the distance between the current end effector 445 and the upper swing body 420 and / or the upper turn with respect to the lower traveling body 410. The deviation of the turning angle of the body 420 can be intuitively recognized by the operator of the remote control device 20. With respect to dependent claim 4, Otani discloses wherein the second assistance processing element further recognizes a future scaling mode of the real space area as the future change mode of the real space area (see abstract and page 4: the operator of the remote operation device 20 to intuitively recognize the length of a gap between the end effector 445 of the work machine 40 and an upper turning body 420. The "second index value" is an index value indicating the turning angle of the upper turning body 420 with respect to the lower traveling body 410, and is measured based on the turning angle of the turning mechanism 430 or the output signal of the state sensor 414 showing the turning angle. NS.), and makes the remote output interface displace the output part of the previous notice according to the future scaling mode of the real space area before or after making the output part of the previous notice configured by the remote output interface be displaced according to the future displacement mode of the real space area (see abstract: By means of indicators M1, M2 that are outputted to a remote output interface 220 (image output device 221) that constitutes a remote operation device 20, it is possible to cause the operator of the remote operation device 20 to intuitively recognize the length of a gap between the end effector 445 of the work machine 40 and an upper turning body 420, and/or the turning angle of the upper turning body 420 in relation to a lower travel body 410. The aspect of the change over time of the turning angle of the upper turning body 420 in relation to the lower travel body 410.). With respect to dependent claim 9, Otani discloses at least one of the remote operation device and the work machine (see page 2: a remote control support server 10 and a remote control device 20 (client) for remotely controlling the work machine 40. There is. The remote control support server 10, the remote control device 20, and the work machine 40 are configured to enable network communication with each other. The mutual communication network of the remote control support server 10 and the remote control device 20 and the mutual communication network of the remote control support server 10 and the work machine 40 may be the same or different.). Allowable Subject Matter Claims 5-8 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 DEMETRA R SMITH-STEWART whose telephone number is (571)270-3965. The examiner can normally be reached 10am - 6pm. 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, Peter Nolan can be reached at 571-270-7016. 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. /DEMETRA R SMITH-STEWART/Examiner, Art Unit 3661 /PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
Read full office action

Prosecution Timeline

Aug 22, 2023
Application Filed
Sep 20, 2025
Non-Final Rejection — §102
Dec 18, 2025
Applicant Interview (Telephonic)
Dec 19, 2025
Examiner Interview Summary
Dec 23, 2025
Response Filed
Jan 05, 2026
Non-Final Rejection — §102 (current)

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

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Prosecution Projections

2-3
Expected OA Rounds
90%
Grant Probability
98%
With Interview (+8.1%)
2y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 728 resolved cases by this examiner. Grant probability derived from career allow rate.

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