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 amendments filed on January 06, 2026, Claim 10 is currently pending, with Claim 10 being newly added and Claims 1 and 4-9 being canceled.
Response to Amendments
In response to Applicant’s amendments, filed June 09, 2026, the Examiner withdraws the previous 35 U.S.C. 112(f) claim interpretation, and withdraws the previous 35 U.S.C. 103 rejections.
Response to Arguments
Regarding Applicant’s arguments, filed June 09, 2026, regarding the teachings of receiving input from an external system (see pages 8-9 of instant arguments), the Examiner is unpersuaded. Onodera teaches that the shovel is communicably connected to an external apparatus, such as the management apparatus via a communication network such that the user of the management apparatus and/or the support terminal can cause the shovel to automatically start and perform the engine warm-up without sending someone to the shovel to perform an operation to turn on the key switch (see at least Paragraphs [0035], [0042], [0078], [0114] of Onodera). As such, Onodera teaches that the system may be operated at the machine, or remotely, such that an operator is not near the machine when it performs automatic operations based on the reservation information. Sano further teaches that the support device may be operated remotely and that the commands to perform automatic functions may be executed in accordance with a remote operation instruction (see at least Paragraphs [0224], [0226] of Sano). As such, the Examiner is unpersuaded and maintains the corresponding rejections.
Applicant’s arguments, filed June 09, 2026, regarding performing the start, stop, or speed commands, while the excavator is automatically performing the task (see page 9 of instant arguments), the Examiner is unpersuaded. The claims do not currently require that the commands be implemented while the excavator is running. The claims only require that the system can receive inputs for starting, stopping, and changing the speed of the vehicle. The Examiner considers these arguments moot and irrelevant. Onodera teaches that these commands can be input and automatically executed when the reservation is active. As such, Onodera teaches that the commands can be received and executed by the system based on a schedule time frame. Sano further teaches that the system can receive commands remotely from a user, and execute automatic functions in response (see at least Paragraphs [0224], [0226], [0321] of Sano). As such, the Examiner is unpersuaded and maintains the corresponding rejections.
Applicant’s arguments, field June 09, 2026, regarding performing speed control of the vehicle (see pages 11-12 of instant arguments), the Examiner is unpersuaded. Onodera teaches that the operator can provide input to change the operating speed of the vehicle (see at least Paragraphs [0081], [0113]-[0014] of Onodera). Sano further teaches that a speed command is generated so as to change the operation of the vehicle itself, such as for changing the speed of the boom, bucket, and arm (see at least Paragraphs [0244], [0254] of Sano). Onodera, in view of Sano, teaches that the system can be operated remotely to perform automatic functions, that the system can receive inputs to start, stop, or change speed of the vehicle or its implements, and execute these commands in response. Sano more explicit teaches that the system receives and initiates a speed change command. Onodera, in view of Sano, teaches the features of the claims, as they are currently written. As such, the Examiner is unpersuaded and maintains the corresponding rejections.
The remaining arguments are essentially the same as those addressed above and/or below and are unpersuasive for essentially the same reasons. Therefore, the corresponding rejections are maintained.
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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2021/0010229 A1, to Sano, et al (hereinafter referred to as Sano; previously of record), and further in view of U.S. Patent Publication No. 2019/0126748 A1, to Graham, et al (hereinafter referred to as Graham; newly of record).
As per Claim 10, Sano discloses the features of A work machine control system (e.g. Paragraphs [0024], [0038]; where the system comprises a construction machine, which comprises a shovel (100)) comprising:
a work machine (e.g. Paragraphs [0024], [0038]; where the system comprises a construction machine, which comprises a shovel (100)) that
generates movement plan information indicating movement of each portion of the work machine based on task content information (e.g. Paragraphs [0137], [0147]; where the machine guidance unit (50) includes a position calculation unit (51), which calculates the position of a positioning target, and determines a distance between the excavation target surface and the end portion of the bucket (6); and adjusts the pose of the attachment to a pose suitable for the scheduled work)
including information identifying a work and information representing a spot where the work should be done (e.g. Paragraphs [0137], [0295], [0311], [0315-[0316]; where the machine guidance unit can cause the shovel (100) to execute compaction work in a predetermined area according to a predetermined plan, and determine information needed for the work plan setting unit) and
that executes a task automatically as a work to be executed based on the generated movement plan information (e.g. Paragraphs [0135]-[0136], [0142]-[0143]; where the machine guidance unit (50) controls the shovel (100) with respect to the machine control function, such that the machine guidance unit (50) may automatically move at least one of the boom (4), the arm (5), and the bucket (6) to cause the end position of the bucket to coincide with the excavation surface); and
a task control device, held by a worker performing a work around the work machine (e.g. Paragraphs [0224], [0226]; Figure 11; where the work support system includes a support device (200), which may be configured to transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user, where the support device (200) may allow the shovel-related user to remotely operate the shovel (100) with the support device (200); and where the support device may be mobile terminals such as smartphones, tablet terminals, etc.),
wherein the work machine comprises a hydraulic actuator (e.g. Paragraph [0032]; where the boom (4), arm (5), and the bucket (6) are hydraulically driven by a boom cylinder (7), an arm cylinder (8), and a bucket cylinder (9), which serves as hydraulic actuators),
an electromagnetic proportional valve that controls the hydraulic actuator (e.g. Paragraphs [0214], [0288]- [0289], [0319]-[0321]; 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
a vehicle body control device that controls the electromagnetic proportional valve (e.g. Paragraph [0129]; where the electromagnetic valve is configured to operate according to an electric signal from the controller (30)), wherein the task control device comprises:
a start command input device, which is a push button that receives input of a start command for the task (e.g. Paragraphs [0224], [0226], [0314], [0321]; Figure 11; where the work support system includes a support device (200), which may be configured to transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user, where the support device (200) may allow the shovel-related user to remotely operate the shovel (100) with the support device (200); and where the support device may be mobile terminals such as smartphones, tablet terminals, etc.; and where the work start determination unit determines whether work is started in accordance with an instruction of remote operation received from a predetermined external device (the support device 200 and the management device 300));
a stop command input device, which is a push button that receives input of a stop command for the task (e.g. Paragraphs [0155], [0224], [0226], [0237], [0252]; where the support device (200) may be configured to transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user, where the support device (200) may allow the shovel-related user to remotely operate the shovel (100) with the support device (200), and may be mobile terminals such as smartphones, tablet terminals, etc., and when the system indicates the compaction work is complete, the operator terminates the compaction work at the current compaction position); and
a speed command input device ‘…’ that receives input of a speed command for the task (e.g. Paragraphs [0214], [0226], [0288]-[0289], [0311], [0321]; Figure 11; where the support device (200) may be configured to transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user, where the support device (200) may allow the shovel-related user to remotely operate the shovel (100) with the support device (200); 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 from the machine guidance unit (50), which executes work in accordance with an instruction of remote operation),
wherein the task control device receives input of task control information, including a start command for the task, a stop command for the task, and a speed command for the task, from the start command input device, the stop command input device, and the speed command input device, and transmits the task control information to the vehicle body control device (e.g. Paragraphs [0224]-[0226]; where the support device (200) may be communicatively coupled to the shovel (100), and may transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user),
wherein the vehicle body control device receives input of the task content information from an external system (e.g. Paragraphs [0243], [0309]; where the work start determination unit determines whether work is started in accordance with an instruction of remote operation received from a predetermined external device (the support device 200 and the management device 300)),
wherein the vehicle body control device generates the movement plan information, which indicates operations of each part of the work machine for executing the task, based on the task content information inputted from the external system (e.g. Paragraphs [0137], [0147]; where the machine guidance unit (50) includes a position calculation unit (51), which calculates the position of a positioning target, and determines a distance between the excavation target surface and the end portion of the bucket (6); and adjusts the pose of the attachment to a pose suitable for the scheduled work),
wherein the vehicle body control device calculates a speed command for the hydraulic actuator based on the generated movement plan information (e.g. Paragraphs [0244], [0254]; 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)),
wherein the vehicle body control device controls the electromagnetic proportional valve according to the calculated speed command to perform the task (e.g. Paragraphs [0214], [0288]- [0289], [0319]-[0321]; 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),
wherein when the vehicle body control device receives a start command for the task from the task control device, the vehicle body control device automatically starts executing the task according to the movement plan information based on the task content information (e.g. Paragraphs [0224], [0226]. [0229], [0314], [0321]; Figure 11; where the work support system includes a support device (200), which may be configured to transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user, where the support device (200) may allow the shovel-related user to remotely operate the shovel (100) with the support device (200); and where the work start determination unit determines whether work is started in accordance with an instruction of remote operation received from a predetermined external device (the support device 200 and the management device 300); and where the manager may cause the management device (300) to execute autonomous remote operation, and the machine guidance unit (50) can autonomously perform compaction work and movement operation in accordance with an instruction of remote operation),
wherein when the vehicle body control device receives a speed command for the task from the task control device, the vehicle body control device changes an automatic execution speed of the task for the task that is currently being executed according to the speed command (e.g. Paragraphs [0214], [0226], [0288]-[0289], [0311], [0321]; Figure 11; where the support device (200) may be configured to transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user, where the support device (200) may allow the shovel-related user to remotely operate the shovel (100) with the support device (200); 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 from the machine guidance unit (50), which executes work in accordance with an instruction of remote operation), and
wherein when the vehicle body control device receives a stop command for the task from the task control device, the vehicle body control device stops automatic execution of the task (e.g. Paragraphs [0155], [0224], [0226], [0237], [0252]; where the support device (200) may be configured to transmit a control instruction for work support to the shovel (100) in response to an operation of a shovel-related user, where the support device (200) may allow the shovel-related user to remotely operate the shovel (100) with the support device (200), and may be mobile terminals such as smartphones, tablet terminals, etc., and when the system indicates the compaction work is complete, the operator terminates the compaction work at the current compaction position).
Graham, in a similar field of endeavor, further teaches the features of a speed command input device, which is a sliding lever that receives input of a speed command for the task.
Graham teaches a self-propelled vehicle, where the speed and direction control device (78) may be a sliding lever that causes an increase in forward speed as the lever is slid forward of the neutral position and an increase in the reverse direction as the lever is slid rearward of the neutral position (e.g. Paragraph [0059]).
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 shovel system of Sano, with the feature of using a sliding lever in the system of Graham, in order to set a speed according to the position of the lever (see at least Paragraph [0059] of Graham).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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.
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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.
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/MERRITT LEVY/Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
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