Prosecution Insights
Last updated: April 19, 2026
Application No. 18/279,442

WORK MACHINE CONTROL SYSTEM

Non-Final OA §103
Filed
Aug 30, 2023
Examiner
LEVY, MERRITT E
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hitachi Construction Machinery Co. Ltd.
OA Round
3 (Non-Final)
33%
Grant Probability
At Risk
3-4
OA Rounds
3y 7m
To Grant
70%
With Interview

Examiner Intelligence

Grants only 33% of cases
33%
Career Allow Rate
26 granted / 78 resolved
-18.7% vs TC avg
Strong +37% interview lift
Without
With
+36.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
56 currently pending
Career history
134
Total Applications
across all art units

Statute-Specific Performance

§101
9.3%
-30.7% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
16.3%
-23.7% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 78 resolved cases

Office Action

§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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 06, 2026, has been entered. Status of Claims This Office action is in response to the amendments filed on January 06, 2026, Claims 1 and 4-9 are currently pending, with Claim 1 being amended, and Claims 9 being newly added. Response to Amendments In response to Applicant’s amendments, filed January 06, 2026, the Examiner withdraws the previous claim objections, maintains the previous 35 U.S.C. 112(f) claim interpretation, and withdraws the previous 35 U.S.C. 102 and 103 rejections. Response to Arguments Applicant’s arguments, filed January 06, 2026, with respect to the rejections of Claims 1 and 4-8 under Sano, in view of Minagawa, Onodera, and Takemoto, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection of Claims 1 and 4-9 is made in view of Onodera, in view of Minagawa and Takemoto. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “a task control device …” in Claims 1-4 and 7-8. “a task control input section …” in Claim 1. “a transmission section …” in Claim 1. “a task content input section …” in Claim 1. “a task control section …” in Claim 1. “a movement planning section …” in Claim 1. “a movement control section …” in Claim 1. Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof: Regarding the limitation of “a task control device …”, the instant specification at Paragraph [0016] at least states “The task control device 40 comprises a start instruction input device 41 for receiving input of a start instruction of a take, a stop instruction input device 43 for receiving input of a stop instruction of a task, a speed instruction input device 43 for receiving input of a speed instruction of a task, and a task switching device 44 …” and Figure 2 of the instant drawings shows an interface for receiving user inputs. The structure of the task control device is a user interface capable of receiving user input. Regarding the limitation of “a task control input section …”, the instant specification at Paragraph [0020] at least states “The task control device 40 comprises a task control input section 46 for receiving input of a tsk from the start instruction input device 41, the stop instruction input device 42, the speed instruction input device 43, and the task switching input device 44. The structure is software or hardware capable of receiving user input at the user device. Regarding the limitation of “a transmission section …”, the instant specification at Paragraph [0020] at least states “the task control device 40 comprises … a transmission section 47 for transmitting the task control information inputted to the task control input section 46 …”. The structure is a transmitter, or equivalent for sending and receiving signals to the vehicle body. Regarding the limitation of “a task content input section …”, the instant specification at Paragraphs [0025] and [0028] at least states “The vehicle body control device 50 further comprises a task content input section 54 … the task content input section 54 is connected to the external system 53 and receives input of task content information representing content of the task …” and “the task content information includes, information identifying such work, information representing the spot where the work should be done, etc. … may include information related to a plurality of tasks …”. The structure is an input for determining the type of work to be performed. Regarding the limitation of “a task control section …”, the instant specification at Paragraph [0022] at least states that the “the vehicle body control device 50 comprises a receiving section 51 for receiving the task control information transmitted from the task control device 40 and a task control section 52 for controlling execution of the task based on the task control information received at the receiving section 51 …” drawings at Figure 3 shows a task control section which receives the task control information from the task control device. The structure of the task control section as software or hardware capable of receiving and sending signals to the vehicle body. Regarding the limitations of “a movement planning section …” and “a movement control section …”, the instant specification at Paragraphs [0025]-[0026] and [0031] at least states that “The vehicle body control device 50 comprises movement planning section 55, a movement control section 56 …”, “the movement planning section 55 plans moment of the vehicle body based on task content information and generates movement plan information …” and “the movement control section 56 calculates the speed instruction of the hydraulic actuators based on the task content information …” and “the task control section 52 is connected to the movement control section 56. The movement control section 56 is so constructed that it can change configuration related to execution of the task upon sending an instruction to the electromagnetic proportional valve control section 60 …”. The structure is software or hardware capable of sending signals to/from the vehicle body control device. If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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. Claims 1, 4-5, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2022/0002969 A1, to Onodera, et al (hereinafter referred to as Onodera; previously of record), in view of U.S. Patent Publication No. 2021/0010229 A1, to Sano, et al (hereinafter referred to as Sano; previously of record). As per Claim 1, Onodera discloses the features of a work machine control system (e.g. Paragraphs [0026], [0028], [0039], [0043]; where a shovel (100) (a work machine is utilized in a task support system, with a management apparatus to provide tasks to the shovel, which receives a control signal from a support terminal or management apparatus) comprising: a work machine (e.g. Paragraphs [0026], [0028], [0039], [0043]; where a shovel (100) (a work machine is utilized in a task support system, with a management apparatus to provide tasks to the shovel, which receives a control signal from a support terminal or management apparatus) that generates movement plan information indicating movement of each portion of the work machine (e.g. Paragraphs [0066], [0071]; where the control system of the shovel (100) includes a controller (30), a computation device (30 E), a proportional valve (31), an input apparatus (52), and a communication apparatus (60); and where the computation device (30 E) may calculate and generate driving instructions of hydraulic actuators) based on task content information including information identifying a work and information representing a spot where the work should be done (e.g. Paragraphs [0034], [0071], [0084], [0117]; where the task support system supports execution of various tasks of the shovel (100) through the management apparatus (200) and support terminal (300), including task operations related to backfill, finishing, flattening, excavation, task operations, etc. as well as reducing the force on the shovel during a certain task, with indications provided of the position of the shovel) and that executes a task automatically as the work to be executed based on the movement plan information (e.g. Paragraphs [0056], [0071], [0120]; where the computation device (30 E) may calculate and generate driving instructions of hydraulic actuators for automatically moving the shovel (100); and where the management apparatus (200) can cause the shovel to automatically perform multiple tasks in order); and a task control device, held by a worker performing the work around the work machine (e.g. Paragraphs [0042]-[0043]; where the support terminal (300) provides support in various types of tasks of the shovel (100) through the management apparatus (200) on the basis of an operation performed by the user; and where the support terminal may be a mobile terminal such as a smartphone, a tablet terminal, etc.), for controlling execution of the task being executed automatically (e.g. Paragraphs [0043]-[0044]; where the support terminal (300) may be communicably coupled to the management apparatus (200) to transmit and receive signals to and from the shovel (100), and the support terminal (300) can transmit a reservation signal to the shovel (100) to cause the shovel to automatically execute a predetermined function according to a condition designated by the reservation instruction signal), wherein the work machine comprises a hydraulic actuator (e.g. Paragraphs [0032], [0052]; where the boom (4), the arm (5), and the bucket (6) are hydraulically driven by a boom cylinder (7), an arm cylinder (8), and a bucket cylinder (9) serving as hydraulic actuators) and a vehicle body control device used for executing the task (e.g. Paragraphs [0062], [0064]; where the controller (30) outputs the content of the operation signal, i.e., a control instruction according to the operation content that is input to the operating apparatus (26)), wherein the task control device comprises: a task control input section for receiving input of task control information including a start instruction, a stop instruction, and a speed instruction of the task (e.g. Paragraphs [0091], [0113]-[0114], [0120], [0125], [1036]; where the management apparatus (200) and the support terminal (300) each includes an input apparatus (240, 340), which receives input form a user, for inputting reservation information or sending signals to the shovel (100) for performing tasks; and where the operator can cause the shovel to automatically start (i.e., start instruction), and the system may receive an operation condition, such as turning the shovel from “ON” to “OFF” such that the shovel is stopped, or receive information relating to an end time (i.e., a stop instruction), and the system receives instructions to maintain the rotational speed of the engine (11) at idle speed to perform warm-up of the shovel (100)); and a transmission section for transmitting the task control information to the vehicle body control device (e.g. Paragraphs [0066], [0091], [0093]; where the control system of the shovel (100) includes a controller (30), a computation device (30 E), a proportional valve (31), an input apparatus (52), and a communication apparatus (60); and where the communication apparatus (60) can communicate with a communication apparatus (220) associated with the management apparatus (200)), wherein the vehicle body control device comprises: a task content input section for receiving input of the task content information from an external system in order to generate the movement plan information for executing the task automatically (e.g. Paragraphs [0091], [0114], [0120]; where the management apparatus (200) and the support terminal (300) each includes an input apparatus (240, 340), which receives input form a user, for inputting reservation information or sending signals to the shovel (100) for performing tasks automatically); a receiving section for receiving the task control information transmitted from the task control device (e.g. Paragraphs [0091], [0114], [0120]; where the management apparatus (200) and the support terminal (300) each includes an input apparatus (240, 340), which receives input form a user, for inputting reservation information or sending signals to the shovel (100) for performing tasks); a task control section that can change, including start, stop, and speed of the task, configuration of automatic execution of the task based on the task control information (e.g. Paragraphs [0132]-[0133], [0169]; where the execution condition may include an operation situation condition, such as the load state of the shovel being less than a specified value, and may restrict operation modes to reduce the degree of restriction on the controller, and switches the operation of the shovel (100) to off, when it is not working; and the operator of the shovel can cause it to successively perform a series of multiple tasks (i.e. changing/ different instructions)); an electromagnetic proportional valve control section for controlling the hydraulic actuator (e.g. Paragraphs [0062]-[0063]; where a proportional valve (31) receives the operational signal from the controller (30), and may be an electromagnetic solenoid type); a movement planning section that generates, the movement plan information indicating an operation of each part of the work machine for executing the task based on the task content information that is input from the external system (e.g. Paragraphs [0091], [0114], [0120]; where the management apparatus (200) and the support terminal (300) each includes an input apparatus (240, 340), which receives input form a user, for inputting reservation information or sending signals to the shovel (100) for performing tasks automatically, where the computation device (30 E) may receive input, calculate and generate driving instructions of hydraulic actuators); and a movement control section (e.g. Paragraph [0052]; where the hydraulic driving system of the shovel (100) according to the present embodiment includes the hydraulic actuators for hydraulically driving the lower traveling body (1), the upper turning body (3), the boom (4), the arm (5), the bucket (6)) ‘…’. Onodera fails to disclose every feature of when a start instruction of the task is received from the task control device, calculating a speed instruction of the hydraulic actuator based on the movement plan information generated by the movement planning section, and outputting the speed instruction to the electromagnetic proportional valve control section, thereby starting an automatic execution of the task; and when a speed instruction of the task is received from the task control device, controlling an automatic execution speed of the task being executed according to the speed instruction; and when a stop instruction of the task is received from the task control device, stopping an automatic execution of the task being executed by stopping an operation of the hydraulic actuator that is working based on the movement plan information. However, Sano, in a similar field of endeavor, teaches the features of when a start instruction of the task is received from the task control device, calculating a speed instruction of the hydraulic actuator based on the movement plan information generated by the movement planning section. Sano teaches an shovel on a work machine, where the machine guidance unit (50) of the controller (30) includes a speed instruction generation unit (108), which generates speed instructions of the boom (4), the arm (5), and the bucket (6) on the basis of an operational signal from the operating apparatus (26) (Paragraphs [0244], [0254]). It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the automatic shovel function of Onodera, with the feature of determining a speed instruction in the system of Sano, in order to improve the operation of the shovel (see at least Paragraph [0154] of Sano). Sano further teaches the features of outputting the speed instruction to the electromagnetic proportional valve control section, thereby starting an automatic execution of the task. Sano teaches an shovel on a work machine, where the speed instruction generation unit outputs a speed instruction to the crawlers, boom, upper body, or lower body; and where the controller (30) outputs an electrical signal according for moving a work implement, to the electromagnetic valve (60) to operate the flow to the affected part; and where the speed instruction generation unit may autonomously operate and output a speed instruction for at least one of the lower traveling body, upper turning body, the boom, the arm, and the bucket, and the system can autonomously perform autonomous compaction work and movement (e.g. Paragraphs [0214], [0288]- [0289], [0319]-[0321]). It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the automatic shovel function of Onodera, with the feature of determining a speed instruction in the system of Sano, in order to improve the operation of the shovel (see at least Paragraph [0154] of Sano). Sano further teaches the features of when a speed instruction of the task is received from the task control device, controlling an automatic execution speed of the task being executed according to the speed instruction. Sano teaches an shovel on a work machine, where the speed instruction generation unit outputs a speed instruction to the crawlers, boom, upper body, or lower body; and where the speed instruction generation unit may receive input and autonomously operate and output a speed instruction for at least one of the lower traveling body, upper turning body, the boom, the arm, and the bucket, and the system can autonomously perform autonomous compaction work and movement (e.g. Paragraphs [0214], [0288]-[0289]). It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the automatic shovel function of Onodera, with the feature of determining a speed instruction in the system of Sano, in order to improve the operation of the shovel (see at least Paragraph [0154] of Sano). Sano further teaches the features of when a stop instruction of the task is received from the task control device, stopping an automatic execution of the task being executed by stopping an operation of the hydraulic actuator that is working based on the movement plan information. Sano: (e.g. Paragraphs [0155], [0237], [0254]; where the speed instruction generation unit outputs a "deceleration instruction" or "stop instruction" to stop the shovel (100) based on the basis of output information, and based on completion of a task, and proceeding to a subsequent task). It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the automatic shovel function of Onodera, with the feature of executing a stop instruction in the system of Sano, in order to improve the operation of the shovel and increase the convenience of the user (see at least Paragraph [0154] of Sano). As per Claim 4, Onodera, in view of Sano, teaches the features of Claim 1, and Onodera further discloses the features of wherein the task content information includes information related to a plurality of tasks (e.g. Paragraphs [0024], [0120]; where the operator can confirm the reservation content by designating the execution condition for each of the multiple tasks), wherein the task control information includes a task switching instruction for switching the tasks (e.g. Paragraphs [0117]-[0118], where the task conditions include a task end time, or instructions for starting a subsequent task (i.e., switching tasks)), and wherein the task control device comprises a task switching input device for receiving input of the task switching instruction (e.g. Paragraphs [0034], [0089], [0095], [1003]; where reservation reception unit receives information related to the target function of the shovel). As per Claim 5, Onodera, in view of Sano, teaches the features of Claim 1, and Onodera further discloses the features of wherein the work machine can move in a task control movement mode wherein the work machine moves based on control by the task control section (e.g. Paragraphs [0066], [0091], [0114], [0120]; where the management apparatus (200) and the support terminal (300) each includes an input apparatus (240, 340), which receives input form a user, for inputting reservation information or sending signals to the shovel (100) for performing tasks automatically, where the computation device (30 E) may receive input, calculate and generate driving instructions of hydraulic actuators)), and wherein the vehicle body control device comprises a mode switching section for switching a movement mode of the work machine to the task control movement mode and another mode tasks (e.g. Paragraphs [0117]-[0118], where the task conditions include a task end time, or instructions for starting a subsequent task (i.e., switching tasks)). As per Claim 7, Onodera, in view of Sano, teaches the features of Claim 1, and Onodera further discloses the features of wherein the task control information includes task control device identification information for identifying the task control device (e.g. Paragraphs [0087], [0096], [0184]; where the reservation information storage unit (304) stores the reservation information, including identification records for each reservation, and the task support system stores reservation information for each shovel (100) or for each operator who boards the shovel (100)), and wherein the work machine comprises a task control device identification section for receiving input of the task control device identification information (e.g. Paragraph [0066]; where the control system of the shovel (100) includes an input apparatus (52), to receive inputs from an operator in the cab). As per Claim 9, Onodera, in view of Sano, teaches the features of Claim 1, and Onodera further discloses the features of wherein the movement planning section generates the movement plan information before starting automatic execution of the task (e.g. Paragraphs [0109-[0111]; where the reservation function of the shovel is input by the user, with a movement state and an execution condition of the shovel (100), such as automatically performing engine warm-up 10 minutes before the start of work time before executing automatic reservation functions (i.e., movement plans are generated based on the scheduled movement of the shovel (100) and before starting a task)), and wherein the start instruction of the task is received from the task control device after the movement planning section generates the movement plan information (e.g. Paragraph [0113]-[0114]; where when the execution condition designated by the reservation information is satisfied, the reservation execution unit (305) automatically transitions the key switch of the shovel from “OFF” to “ON”). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Onodera, in view of Sano, as applied to Claim 1 above, and further in view of U.S. Patent Publication No. 2020/0174465 A1, to Minagawa, et al (hereinafter referred to as Minagawa; previously of record). As per Claim 6, Onodera, in view of Sano, teaches the features of Claim 1, and Onodera further discloses the features of wherein the vehicle body control device comprises a communication monitoring section for monitoring communication condition of the task control information (e.g. Paragraphs [0066], [0071]; where the control system of the shovel (100) includes a controller (30), a computation device (30 E), a proportional valve (31), an input apparatus (52), and a communication apparatus (60)) ‘…’. The combination of Onodera, in view of Sano, fails to teach every feature of wherein if it is determined that there is communication failure in communication of the task control information, the movement control section stops execution of the task. However, Minagawa, in a similar field of endeavor, teaches a work machine with an operational device for transmitting an operation signal, where the fault detection unit (1104) detects a fault in communication via a communication device, and the system transmits a stop instruction signal for stopping the transport vehicle (200) to the management apparatus (300) via a different communication device when there is a fault in communication (e.g. Paragraphs [0052]-[0053]). It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the automatic shovel function of Onodera, in view of Sano, with the feature of stopping a task when communication fails in the system of Minagawa, in order to allow the operator to determine fault in the system (see at least Paragraph [0073] of Minagawa). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Onodera, in view of Sano, as applied to Claim 7 above, and further in view of U.S. Patent Publication No. 2015/0301518 A1, to Takemoto, et al (hereinafter referred to as Takemoto; previously of record). As per Claim 8, Onodera, in view of Sano, teaches the features of Claim 7, but the combination of Onodera, in view of Sano, fails to teach every feature of wherein the task control section does not allow the task to be executed if the task control device identification information included in the task control information and the task control device identification information inputted from the task control device identification section do not match. However, Takemoto, in a similar field of endeavor, teaches a control method for a work machine, where the processing unit (22C) executes the match determination between the identification number (DN) acquired from the information reader (23A) and the operation permission number; and where the identification number (DN) differs from the operation permission number, the processing unit (22C) neither generates a start permitting signal nor transmits a start permitting signal- i.e. the work machine is not allowed to start (e.g. Paragraphs [0057], [0060]). It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the automatic shovel function of Onodera, in view of Sano, with the feature of preventing a task from being executed in the system of Takemoto, in order to allow the operator to grasp the information between the operator and the operational information (see at least Paragraph [0005] of Takemoto). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Fujishima, et al (U.S. 2003/0147727 A1), which teaches a method for operating construction machinery remotely based on target tasks designated by an operator. Moriya, et al (U.S. 2022/0298757 A1), which teaches a method for reducing the burden on an operator when performing a task on an construction machine. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600. 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, Abby Flynn can be reached at (571) 272-9855. 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. /MERRITT LEVY/Examiner, Art Unit 3663 /ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
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Prosecution Timeline

Aug 30, 2023
Application Filed
Jun 16, 2025
Non-Final Rejection — §103
Sep 11, 2025
Response Filed
Oct 01, 2025
Final Rejection — §103
Jan 06, 2026
Request for Continued Examination
Jan 06, 2026
Interview Requested
Jan 22, 2026
Applicant Interview (Telephonic)
Jan 22, 2026
Examiner Interview Summary
Feb 12, 2026
Response after Non-Final Action
Mar 04, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601596
Estimation of Target Location and Sensor Misalignment Angles
2y 5m to grant Granted Apr 14, 2026
Patent 12603005
DRIVER ASSISTANCE MODULE FOR A MOTOR VEHICLE
2y 5m to grant Granted Apr 14, 2026
Patent 12594944
METHOD AND SYSTEM FOR VEHICLE DRIVE MODE SELECTION
2y 5m to grant Granted Apr 07, 2026
Patent 12594960
NAVIGATIONAL CONSTRAINT CONTROL SYSTEM
2y 5m to grant Granted Apr 07, 2026
Patent 12583382
SYNCHRONIZED LIGHTING FOR ELECTRIC VEHICLES
2y 5m to grant Granted Mar 24, 2026
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
33%
Grant Probability
70%
With Interview (+36.6%)
3y 7m
Median Time to Grant
High
PTA Risk
Based on 78 resolved cases by this examiner. Grant probability derived from career allow rate.

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