Prosecution Insights
Last updated: May 29, 2026
Application No. 18/497,262

SHOVEL AND SHOVEL CONTROL SYSTEM

Non-Final OA §103
Filed
Oct 30, 2023
Priority
Oct 31, 2022 — JP 2022-174949
Examiner
PANDE, ASHUTOSH
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Sumitomo Heavy Industries, Ltd.
OA Round
2 (Non-Final)
54%
Grant Probability
Moderate
2-3
OA Rounds
0m
Est. Remaining
44%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
7 granted / 13 resolved
+1.8% vs TC avg
Minimal -10% lift
Without
With
+-10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
21 currently pending
Career history
43
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
97.3%
+57.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 13 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 . Status of Claims This Office Action is in response to the amendments filed on 10/28/2025. Claims 1 and 7 are amended. Claims 13 -20 are added. Claim 1-20 are presently pending and examined. Response to Arguments Prior Art Rejection Applicant’s amendments and accompanying arguments, see remarks, filed 10/28/2025, with respect to the rejection(s) of claim(s) 1-12 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hiroyuki Tsukamoto et. al. US2020325650 (“Tsukamoto”). 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. Claims 1 – 6, 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Yusuke Sano US US20210017738 A1 (“Sano”) in view of Hiroyuki Tsukamoto et. al. US2020325650 (“Tsukamoto”). As per Claim 1, Sano discloses, A shovel, comprising: a lower traveling body; an upper swiveling body swivelably mounted to the lower traveling body; an attachment attached to the upper swiveling body; (see at least [0019] FIG. 1 is a side view of a shovel 100 as an excavation machine according to an embodiment in the present disclosure. On a traveling lower body 1 of the shovel 100, a revolving upper body 3 is rotatably installed via a revolution mechanism 2. A boom 4 is attached to the revolving upper body 3; an arm 5 is attached to the tip of the boom 4; and a bucket 6 as an end attachment is attached to the tip of the arm 5.) an operation device; (see at least Fig. 12 and [0154] However, instead of such a hydraulic operation systems provided with hydraulic pilot circuits, an electric operation system provided with electric operation levers may be adopted. In this case, the operational amount of each electric operation lever is input into the controller 30 as an electric signal). a communication device configured to transmit or receive information to or from an external device; (see at least [0027] and a communication device T1 are attached to the revolving upper body 3 and [0164] The operation device for remote control is connected to the controller 30, for example, through a communication network such as a wireless communication network) Sano discloses a control device and two types of control (see at least [Col. 1, line 39] and a control device and [Col. 14, line 17] and the controller 30 as a control device). Sano does not disclose, a control device configured to perform switching between first control that causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with first operation information received by the operation device, second control that receives, from the external device, a control signal for controlling the lower traveling body, the upper swiveling body, the attachment, or any combination thereof, and controls the lower traveling body, the upper swiveling body, the attachment, or any combination thereof in accordance with the received control signal Tsukamoto teaches, a control device configured to perform switching between first control that causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with first operation information received by the operation device (see at least [0032] a machine control function to automatically assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely, and an automatic control function to implement unmanned operation of the shovel 100, and [0091] The machine guidance part 50 may execute the machine control function to automatically assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely). second control that receives, from the external device, a control signal for controlling the lower traveling body, the upper swiveling body, the attachment, or any combination thereof, and controls the lower traveling body, the upper swiveling body, the attachment, or any combination thereof in accordance with the received control signal (see at least [0091] The machine guidance part 50 may also execute the automatic control function to implement unmanned operation of the shovel 100, and [0099] The automatic control part 54 is configured to assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely by automatically moving hydraulic actuators). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). As per Claim 2, Sano discloses, The shovel according to claim 1, wherein upon performing the second control, the communication device transmits, to the external device, second operation information received by the operation device, (see at least [0165] the controller 30 of the shovel 100 may transmit information on at least one of the time and place when the autonomous control is started or stopped, the target trajectory used during the autonomous control; the trajectory actually followed by the predetermined part during the autonomous control; and the like, to the management device 300, and [0165] the controller 30 may transmit information on at least one of data related to the contents of operations of the shovel 100 during a predetermined period of time including the period during which the autonomous control was performed; data related to the position of the shovel 100; data related to the position of the excavation attachment; and the like, to the management device 300 receives, from the external device, the control signal based on the second operation information (see at least [0147] In the example in FIG. 10, the communication device T1 is configured to output a start command to the functional element FM, based on a signal received from the external device. The communication device T1 may be configured to output operational data to the functional element FM, based on a signal received from the external device.) As per Claim 3, Sano discloses, The shovel according to claim 1, further comprising a detection device configured to detect a position of the attachment, (see at least [0061] based on the outputs of position sensors that detect a position of the excavation attachment. The position sensors include, for example, the boom angle sensor S1, the arm angle sensor S2, and the bucket angle sensor S3. The position sensors may be a combination of a boom cylinder stroke sensor, an arm cylinder stroke sensor, and a bucket cylinder stroke sensor.) wherein upon performing the second control, the communication device transmits, to the external device, a detection result of the position detected by the detection device, (see at least [0165] the controller 30 may transmit information on at least one of data related to the contents of operations of the shovel 100 during a predetermined period of time including the period during which the autonomous control was performed; data related to the position of the shovel 100; data related to the position of the excavation attachment; and the like, to the management device 300.) receives, from the external device, the control signal for controlling the attachment based on the detection result (see at least [0147] The communication device T1 is configured to control communication between the shovel 100 and an external device external to the shovel 100 and [0147] The communication device T1 may be configured to output operational data to the functional element FM, based on a signal received from the external device As per Claim 4, Sano discloses, The shovel according to claim 1, wherein the first control does not include control of the shovel based on construction information representing a three-dimensional shape of a construction target, (see at least [0028] The various functions may include, for example, a machine guidance function of guiding a manual operation of the shovel 100 performed by an operator, a machine control function of autonomously supporting the manual operation of the shovel 100 performed by the operator, and the like) the second control includes the control of the shovel for forming the three-dimensional shape of the construction target based on the construction information (see at least [0065] the second information obtaining unit 32 derives the landform before the excavation operation is started, for example, based on a depth image of the space in front of the shovel 100 generated by the three-dimensional depth image sensor installed on a flying object. The three-dimensional depth image sensor installed on the flying object may be any one of a three-dimensional laser scanner, a stereo camera, a LIDAR device, and the like. The flying object is, for example, a multicopter, airship, or the like equipped with a positioning device so as to be capable of identifying the position and orientation of the depth image. The flying object is also equipped with a communication device to communicate with the shovel 100, [0097] the shovel 100 may execute autonomous control functions as follows, to autonomously execute composite operations of excavation operations and the like. FIG. 7 is a block diagram illustrating an example of a configuration of autonomous control functions, and [0150] The functional element FO is configured to set the operational conditions of the shovel 100). As per Claim 5, Sano discloses, The shovel according to claim 2, wherein the first control does not include control of the shovel based on construction information representing a three-dimensional shape of a construction target, (see at least [0028] The various functions may include, for example, a machine guidance function of guiding a manual operation of the shovel 100 performed by an operator, a machine control function of autonomously supporting the manual operation of the shovel 100 performed by the operator, and the like.) the second control includes the control of the shovel for forming the three-dimensional shape of the construction target based on the construction information. ( see at least [0065] the second information obtaining unit 32 derives the landform before the excavation operation is started, for example, based on a depth image of the space in front of the shovel 100 generated by the three-dimensional depth image sensor installed on a flying object. The three-dimensional depth image sensor installed on the flying object may be any one of a three-dimensional laser scanner, a stereo camera, a LIDAR device, and the like. The flying object is, for example, a multicopter, airship, or the like equipped with a positioning device so as to be capable of identifying the position and orientation of the depth image. The flying object is also equipped with a communication device to communicate with the shovel 100, [0097] the shovel 100 may execute autonomous control functions as follows, to autonomously execute composite operations of excavation operations and the like. FIG. 7 is a block diagram illustrating an example of a configuration of autonomous control functions, and [0150] The functional element FO is configured to set the operational conditions of the shovel 100). As per Claim 6, Sano discloses, The shovel according to claim 3, wherein the first control does not include control of the shovel based on construction information representing a three-dimensional shape of a construction target,( see at least [0028] The various functions may include, for example, a machine guidance function of guiding a manual operation of the shovel 100 performed by an operator, a machine control function of autonomously supporting the manual operation of the shovel 100 performed by the operator, and the like. the second control includes the control of the shovel for forming the three-dimensional shape of the construction target based on the construction information (see at least [0065] the second information obtaining unit 32 derives the landform before the excavation operation is started, for example, based on a depth image of the space in front of the shovel 100 generated by the three-dimensional depth image sensor installed on a flying object. The three-dimensional depth image sensor installed on the flying object may be any one of a three-dimensional laser scanner, a stereo camera, a LIDAR device, and the like. The flying object is, for example, a multicopter, airship, or the like equipped with a positioning device so as to be capable of identifying the position and orientation of the depth image. The flying object is also equipped with a communication device to communicate with the shovel 100, [0097] the shovel 100 may execute autonomous control functions as follows, to autonomously execute composite operations of excavation operations and the like. FIG. 7 is a block diagram illustrating an example of a configuration of autonomous control functions, and [0150] The functional element FO is configured to set the operational conditions of the shovel 100). As per Claim 13, Sano does not disclose, shovel according to claim 1, wherein the first control causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with an operator's manual operation through the operation device. Tsukamoto teaches, shovel according to claim 1, wherein the first control causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with an operator's manual operation through the operation device (see at least [0032] a machine control function to automatically assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). As per Claim 14, Sano does not disclose, shovel according to claim 1, wherein the control device is configured to perform the switching between the first control and the second control based on an input operation received from an input device or operation information received from a communication terminal. Tsukamoto teaches, shovel according to claim 1, wherein the control device is configured to perform the switching between the first control and the second control based on an input operation received from an input device or operation information received from a communication terminal (see at least [0099] This automatic control may be executed in response to the depression of a predetermined switch that is an input device included in the input device 42. The predetermined switch is, for example, a machine control switch, and may be placed at the end of the operating apparatus 26 as a knob switch). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). As per Claim 15, Sano does not disclose, shovel according to claim 1, wherein the control device is configured to transmit a notification that switching to the second control has been performed to the external device, in response to performing the switching to the second control, and the second control receives, from the external device, the control signal generated in response to the notification received from the control device. Tsukamoto teaches, shovel according to claim 1, wherein the control device is configured to transmit a notification that switching to the second control has been performed to the external device, in response to performing the switching to the second control (see at least [0099] This automatic control may be executed in response to the depression of a predetermined switch that is an input device included in the input device 42. The predetermined switch is, for example, a machine control switch, and may be placed at the end of the operating apparatus 26 as a knob switch). the second control receives, from the external device, the control signal generated in response to the notification received from the control device (see at least [0032] an automatic control function to implement unmanned operation of the shovel 100. A machine guidance part 50 included in the controller 30 is configured to be able to execute the machine guidance function, the machine control function, and the automatic control function. [0099] This automatic control may be executed in response to the depression of a predetermined switch that is an input device included in the input device 42, [0145]The automatic control part 54 may also be configured to so notify the operator through at least one of the display device 40, the audio output device 43, etc., when the predetermined point Pa arrives at the upper end of the formed portion). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). As per Claim 16, Sano discloses, shovel according to claim 1, wherein a time from switching to the second control to an end of the second control is measured (see at least [0165] In the management system SYS of the shovel 100 as described above, the controller 30 of the shovel 100 may transmit information on at least one of the time and place when the autonomous control is started or stopped;, the target trajectory used during the autonomous control; the trajectory actually followed by the predetermined part during the autonomous control; and the like, to the management device 300). Claims 7-8, 10-11 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Tsukamoto as applied to Claim 1 above, and further in view of Naganand Murthy et. al. US 20200368912 A1 (“Murthy”). As per Claim 7, Sano discloses A shovel control system, comprising: a shovel (see at least Fig. 1, and [0018] According to an embodiment in the present disclosure, it is possible to provide a shovel that can prevent excavated matter such as earth and sand from being taken in the bucket more than necessary) and an external device (see at least Fig 12, and [0041] The communication device T1 is configured to control communication with an external device external to the shovel 100. In the present embodiment, the communication device T1 controls communication with the external device) the shovel includes, a lower traveling body, an upper swiveling body swivelably mounted to the lower traveling body, an attachment attached to the upper swiveling body, (see at least [0019] FIG. 1 is a side view of a shovel 100 as an excavation machine according to an embodiment in the present disclosure. On a traveling lower body 1 of the shovel 100, a revolving upper body 3 is rotatably installed via a revolution mechanism 2. A boom 4 is attached to the revolving upper body 3; an arm 5 is attached to the tip of the boom 4; and a bucket 6 as an end attachment is attached to the tip of the arm 5.) an operation device, (see at least Fig. 12 and [0154] However, instead of such a hydraulic operation systems provided with hydraulic pilot circuits, an electric operation system provided with electric operation levers may be adopted. In this case, the operational amount of each electric operation lever is input into the controller 30 as an electric signal.) a second communication device configured to transmit or receive information to or from the external device, (see at least [0027] and a communication device T1 are attached to the revolving upper body 3 and [0164] The operation device for remote control is connected to the controller 30, for example, through a communication network such as a wireless communication network) an external device that includes, the third communication device transmits the control signal to the second communication device (see at least [0041] The communication device T1 is configured to control communication with an external device external to the shovel 100. In the present embodiment, the communication device T1 controls communication with the external device, and [0147] In the example in FIG. 10, the communication device T1 is configured to output a start command to the functional element FM, based on a signal received from the external device. The communication device T1 may be configured to output operational data to the functional element FM, based on a signal received from the external device.) Sano does not disclose, a control device configured to perform switching between first control that causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with first operation information received by the operation device, second control that receives, from the external device, a control signal for controlling the lower traveling body, the upper swiveling body, the attachment, or any combination thereof, and controls the lower traveling body, the upper swiveling body, the attachment, or any combination thereof in accordance with the received control signal Tsukamoto teaches, a control device configured to perform switching between first control that causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with first operation information received by the operation device (see at least [0032] a machine control function to automatically assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely, and an automatic control function to implement unmanned operation of the shovel 100, and [0091] The machine guidance part 50 may execute the machine control function to automatically assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely). second control that receives, from the external device, a control signal for controlling the lower traveling body, the upper swiveling body, the attachment, or any combination thereof, and controls the lower traveling body, the upper swiveling body, the attachment, or any combination thereof in accordance with the received control signal (see at least [0091] The machine guidance part 50 may also execute the automatic control function to implement unmanned operation of the shovel 100, and [0099] The automatic control part 54 is configured to assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely by automatically moving hydraulic actuators). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). Sano does not disclose, a space recognition device, wherein the space recognition device includes a first communication device configured to transmit, to the external device, measurement information obtained by measuring surroundings of the shovel, a third communication device configured to receive the measurement information from the space recognition device, and a second control device configured to generate the control signal based on the measurement information, Murthy teaches, a space recognition device, wherein the space recognition device includes a first communication device configured to transmit, to the external device, measurement information obtained by measuring surroundings of the shovel, (Fig. 1, [0044] the UAV 150 may include a flight control module 152, a sensor module 154 and a communication module 156, and [0051] Thus, in some embodiments, the sensors of the sensor module 154 are selected and configured to augment or substitute the sensors onboard the tele-operated robot 110 that enable navigation of the tele-operated robot 110., and [0067] Advantageously, by appropriately selecting the sensors for UAVs, it is possible to reinforce or replace the sensors mounted on the teleoperated robot that enable the teleoperated robot to move its path). a third communication device configured to receive the measurement information from the space recognition device (see at least [0005] a method for operating a tele-operated robot for maintenance of a property includes obtaining an aerial image of the property using an unmanned aerial vehicle (UAV). The aerial image is transmitted to a control center communicatively coupled to the UAV and the tele-operated robot, and [0068] The control center includes a processor communicatively coupled to the tele-operated robot) and a second control device configured to generate the control signal based on the measurement information (see at least [0030] The term “control center” as used herein refers to a component of the tele-operated robotic system that provides control and commands for the tele-operated robot. Thus, the control center may provide navigation and/or operational commands provided by a human operator or supervisor to the tele-operated robot, and [0030] the control center may additionally or alternately provide navigation and/or operational commands based on analysis of the data received by the control center (either from the tele-operated robot or from other components of the system such as the UAV)). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Murthy teaches a space recognition device that allows sharing of 3D Lidar data between multiple teleoperated robots. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with space recognition device taught by Murthy with a reasonable expectation of success, to completely eliminate the on-board traversing sensors (e.g. LiDAR) on teleoperated robots, significantly reducing the cost of teleoperated robots [0067]. As per Claim 8, Sano discloses, The shovel control system according to claim 7, wherein the shovel further includes a detection device configured to detect a position of the attachment (see at least [0033] The orientation detection device D1 is configured to detect information on the relative relationship between the orientation of the revolving upper body 3 and the orientation of the traveling lower body 1 and [0061] based on the outputs of position sensors that detect a position of the excavation attachment. The position sensors include, for example, the boom angle sensor S1, the arm angle sensor S2, and the bucket angle sensor S3. The position sensors may be a combination of a boom cylinder stroke sensor, an arm cylinder stroke sensor, and a bucket cylinder stroke sensor.) upon performing the second control, the second communication device transmits, to the external device, a detection result of the position detected by the detection device, (see at least [0165] the controller 30 may transmit information on at least one of data related to the contents of operations of the shovel 100 during a predetermined period of time including the period during which the autonomous control was performed; data related to the position of the shovel 100; data related to the position of the excavation attachment; and the like, to the management device 300. receives, from the external device, the control signal for controlling the attachment based on the detection result, (see at least [0147] The communication device T1 is configured to control communication between the shovel 100 and an external device external to the shovel 100, and [0147] The communication device T1 may be configured to output operational data to the functional element FM, based on a signal received from the external device) the second control device of the external device generates the control signal based on the detection result (see at least [0147] In the example in FIG. 10, the communication device T1 is configured to output a start command to the functional element FM, based on a signal received from the external device. The communication device T1 may be configured to output operational data to the functional element FM, based on a signal received from the external device, Fig.12, and [0165] the controller 30 may transmit information on at least one of data related to the contents of operations of the shovel 100 during a predetermined period of time including the period during which the autonomous control was performed; data related to the position of the shovel 100; data related to the position of the excavation attachment; and the like, to the management device 30) the second control device of the external device generates the control signal based on the measurement information from the shovel (see at least [0165] the controller 30 may transmit to the management device 300, for example, an image captured by the imaging device S6 as the surroundings monitoring device. The image may be multiple images captured during a predetermined period of time including the period during which the autonomous control was performed) Sano does not disclose, the second control device of the external device generates the control signal based on the measurement information from space recognition device. Murthy teaches, the second control device of the external device generates the control signal based on the measurement information from space recognition device (see at least [0025] The sensor module 116 may include one or more sensors that enable autonomous operation of the tele-operated robot or enable the local or remote operator or supervisor of the tele-operated robot to sense an environment surrounding the tele-operated robot, [0030] The term “control center” as used herein refers to a component of the tele-operated robotic system that provides control and commands for the tele-operated robot. Thus, the control center may provide navigation and/or operational commands provided by a human operator or supervisor to the tele-operated robot, and [0030] the control center may additionally or alternately provide navigation and/or operational commands based on analysis of the data received by the control center (either from the tele-operated robot or from other components of the system such as the UAV). Thus, Sano discloses a shovel capable of manual and semi-autonomous control using a second control device, with detection result and measurement information coming from the shovel and Murthy teaches the measurement information coming from an external device. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with space recognition device taught by Murthy with a reasonable expectation of success, to completely eliminate the need for the on-board traversing sensors (e.g. LiDAR) on teleoperated robots, significantly reducing the cost of teleoperated robots [0067]. As per Claim 10, Sano does not disclose, the shovel control system according to claim 7, further comprising a remote control device, wherein the remote control device includes a fourth communication device and a remote operation device, the fourth communication device transmits, to the external device, remote operation information received by the remote operation device, and the second control device further generates the control signal based on the remote operation information Murthy teaches, The shovel control system according to claim 7, further comprising a remote control device, (see at least [0031] Referring to FIG. 1, the control center 130 may include a command module 132, a processor 134, a communication module 136, and optionally a virtual control room 138, and [0040] The virtual control room 138 may include output devices such as, for example, a display and a speaker to enable the human user to visualize and/or listen to the environment surrounding the tele-operated robot 110 being operated or supervised through the control center 130.) wherein the remote control device includes a fourth communication device and a remote operation device,(see at least [0032] The command module 132 may include an input terminal such as, for example, a laptop, a console, a desktop, a tablet, a mobile computing device, or a mobile phone. The input terminal may be provided with input devices such as, for example, a key board, a joystick, a mouse, a microphone, a game controller or a combination thereof to enable a human user to input commands to the input terminal, [0033] The commands input by the human user are processed by the input terminal and transmitted through the control center 130 to the tele-operated robot 110), and [0068] The control center includes a processor communicatively coupled to the tele-operated robot. For example, in some embodiments, the control center may be the control center 130 of the system 100. In some embodiments, the control center may be included within the tele-operated robot.) the fourth communication device transmits, to the external device, remote operation information received by the remote operation device, (see at least [0035] In some embodiments, the processor 134 ( external device) may be separate from the input terminal of the command module 132, and dedicated for processing the data received by the control center 130 from other components of the system 100 such as, for example, the tele-operated robot 110 and/or the UAV 150, and [0037] In some embodiments, the commands generated by the processor 134 may further include commands issued by a human user through the command module 132.) the second control device further generates the control signal based on the remote operation information (see at least [0030] control center may provide navigation and/or operational commands provided by a human operator or supervisor to the tele-operated robot, [0041] the sequence is transmitted to the tele-operated robot in the real world where it then creates the desired task, and [0041] a map of the property may be loaded into a virtual space where the human supervisor/operator may enter the commands for the tele-operated robot. These commands may include but are not limited to, actuation instructions, navigation instructions, etc. These commands may generate the necessary changes in the virtual space and may be iteratively or continuously altered till the desired output is created). Thus, Sano discloses a shovel capable of manual and semi-autonomous control using a second control device and Murthy a remote / virtual control center. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with remote control center taught by Murthy with a reasonable expectation of success, to share a UAV between several tele-operated robots, thereby reducing the equipment cost even further [0067]. As per Claim 11, Sano does not disclose, the shovel control system according to claim 8, further comprising a remote control device, wherein the remote control device includes a fourth communication device and a remote operation device, the fourth communication device transmits, to the external device, remote operation information received by the remote operation device, and the second control device further generates the control signal based on the remote operation information Murthy teaches, The shovel control system according to claim 7, further comprising a remote control device, (see at least [0031] Referring to FIG. 1, the control center 130 may include a command module 132, a processor 134, a communication module 136, and optionally a virtual control room 138, and [0040] The virtual control room 138 may include output devices such as, for example, a display and a speaker to enable the human user to visualize and/or listen to the environment surrounding the tele-operated robot 110 being operated or supervised through the control center 130.) wherein the remote control device includes a fourth communication device and a remote operation device,(see at least [0032] The command module 132 may include an input terminal such as, for example, a laptop, a console, a desktop, a tablet, a mobile computing device, or a mobile phone. The input terminal may be provided with input devices such as, for example, a key board, a joystick, a mouse, a microphone, a game controller or a combination thereof to enable a human user to input commands to the input terminal, [0033] The commands input by the human user are processed by the input terminal and transmitted through the control center 130 to the tele-operated robot 110), and [0068] The control center includes a processor communicatively coupled to the tele-operated robot. For example, in some embodiments, the control center may be the control center 130 of the system 100. In some embodiments, the control center may be included within the tele-operated robot.) the fourth communication device transmits, to the external device, remote operation information received by the remote operation device, (see at least [0035] In some embodiments, the processor 134 ( external device) may be separate from the input terminal of the command module 132, and dedicated for processing the data received by the control center 130 from other components of the system 100 such as, for example, the tele-operated robot 110 and/or the UAV 150, and [0037] In some embodiments, the commands generated by the processor 134 may further include commands issued by a human user through the command module 132.) the second control device further generates the control signal based on the remote operation information (see at least [0030] control center may provide navigation and/or operational commands provided by a human operator or supervisor to the tele-operated robot, [0041] the sequence is transmitted to the tele-operated robot in the real world where it then creates the desired task, and [0041] a map of the property may be loaded into a virtual space where the human supervisor/operator may enter the commands for the tele-operated robot. These commands may include but are not limited to, actuation instructions, navigation instructions, etc. These commands may generate the necessary changes in the virtual space and may be iteratively or continuously altered till the desired output is created). Thus, Sano discloses a shovel capable of manual and semi-autonomous control using a second control device and Murthy a remote / virtual control center. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with remote control center taught by Murthy with a reasonable expectation of success, to share a UAV between several tele-operated robots, thereby reducing the equipment cost even further [0067]. As per Claim 17, Sano does not disclose, shovel according to claim 1, wherein the first control causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with an operator's manual operation through the operation device. Tsukamoto teaches, shovel according to claim 1, wherein the first control causes the lower traveling body, the upper swiveling body, the attachment, or any combination thereof to be only manually controlled in accordance with an operator's manual operation through the operation device (see at least [0032] a machine control function to automatically assist the operator in manually operating the shovel 100 directly or manually operating the shovel 100 remotely). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). As per Claim 18, Sano does not disclose, shovel according to claim 1, wherein the control device is configured to perform the switching between the first control and the second control based on an input operation received from an input device or operation information received from a communication terminal. Tsukamoto teaches, shovel according to claim 1, wherein the control device is configured to perform the switching between the first control and the second control based on an input operation received from an input device or operation information received from a communication terminal (see at least [0099] This automatic control may be executed in response to the depression of a predetermined switch that is an input device included in the input device 42. The predetermined switch is, for example, a machine control switch, and may be placed at the end of the operating apparatus 26 as a knob switch). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). As per Claim 19, Sano does not disclose, shovel according to claim 1, wherein the control device is configured to transmit a notification that switching to the second control has been performed to the external device, in response to performing the switching to the second control, and the second control receives, from the external device, the control signal generated in response to the notification received from the control device. Tsukamoto teaches, shovel according to claim 1, wherein the control device is configured to transmit a notification that switching to the second control has been performed to the external device, in response to performing the switching to the second control (see at least [0099] This automatic control may be executed in response to the depression of a predetermined switch that is an input device included in the input device 42. The predetermined switch is, for example, a machine control switch, and may be placed at the end of the operating apparatus 26 as a knob switch). the second control receives, from the external device, the control signal generated in response to the notification received from the control device (see at least [0032] an automatic control function to implement unmanned operation of the shovel 100. A machine guidance part 50 included in the controller 30 is configured to be able to execute the machine guidance function, the machine control function, and the automatic control function. [0099] This automatic control may be executed in response to the depression of a predetermined switch that is an input device included in the input device 42, [0145]The automatic control part 54 may also be configured to so notify the operator through at least one of the display device 40, the audio output device 43, etc., when the predetermined point Pa arrives at the upper end of the formed portion). Thus, Sano discloses a shovel capable of manual and semi-autonomous control and Tsukamoto teaches a vehicle controller to enable manual (directly or remotely) or automatic control (remotely) of shovel. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with vehicle controller design taught by Tsukamoto, with a reasonable expectation of success, to send a machine control function to match the formed slope with the designed surface by automatically adjusting the position of the teeth tips of the bucket (0003). As per Claim 20, Sano discloses, shovel according to claim 1, wherein a time from switching to the second control to an end of the second control is measured (see at least [0165] In the management system SYS of the shovel 100 as described above, the controller 30 of the shovel 100 may transmit information on at least one of the time and place when the autonomous control is started or stopped;, the target trajectory used during the autonomous control; the trajectory actually followed by the predetermined part during the autonomous control; and the like, to the management device 300). Claims 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Bertucci and Murthy as applied to Claim 7 above, and further in view of Yukihisa Takaoka US 20220106769 A1 (“Takaoka”). As per Claim 9, Sano does not disclose, wherein the external device further includes a storage device configured to store construction information representing a three-dimensional shape of a construction target, and the second control device further generates the control signal based on the construction information Takaoka teaches, the external device further includes a storage device configured to store construction information representing a three-dimensional shape of a construction target, ( see at least [0030] The external communication device 5 illustrated in FIG. 1 wirelessly communicates with the machine communication device 28. The external communication device 5 transmits a command signal from the remote controller 2 to the machine communication device 28, [0033] The remote controller 2 remotely controls the work machines 1a to 1d. The remote controller 2 receives the operation. The remote controller 2 receives the operation signal from the input device 3. The remote controller 2 outputs the image signal to the display 4. The remote controller 2 includes a processor 2a and a storage device 2b, and [0039] As illustrated in FIG. 4, in step S101, the controller 2 acquires actual topography data. The actual topography data indicates an actual topography of the work site. FIG. 5 is a side view illustrating an example of an actual topography 80. The actual topography data includes coordinates and heights of a plurality of points on the actual topography 80) the second control device further generates the control signal based on the detection result, the measurement information, and the construction information (see at least [0058] In step S110, the remote controller 2 transmits a work start command to the work machines 1a to 1d. As a result, as illustrated in FIG. 8, the work machines 1a to 1d are controlled to perform work according to the disposition of the allocated work lanes 51 to 60) Thus, Sano discloses a shovel capable of manual and semi-autonomous control and a calculation unit 33 which derives an excavation trajectory based on the information on the landform before the excavation is started, and Takaoka teaches a controller to determine a work area and control the work machine so that automatic operation of the work machine in the work restricted area is restricted. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with remote control method taught by Takaoka with a reasonable expectation of success, so that work machines 1a to 1d dig the actual topography 80 by automatic operation so that the actual topography 80 has a shape along a final target topography 81 [0040]. As per Claim 12, Sano does not disclose, the shovel control system according to claim 9, further comprising a remote control device, wherein the remote control device includes a fourth communication device and a remote operation device, the fourth communication device transmits, to the external device, remote operation information received by the remote operation device, and the second control device further generates the control signal based on the remote operation information Murthy teaches, The shovel control system according to claim 9, further comprising a remote control device, (see at least [0031] Referring to FIG. 1, the control center 130 may include a command module 132, a processor 134, a communication module 136, and optionally a virtual control room 138, and [0040] The virtual control room 138 may include output devices such as, for example, a display and a speaker to enable the human user to visualize and/or listen to the environment surrounding the tele-operated robot 110 being operated or supervised through the control center 130.) wherein the remote control device includes a fourth communication device and a remote operation device,(see at least [0032] The command module 132 may include an input terminal such as, for example, a laptop, a console, a desktop, a tablet, a mobile computing device, or a mobile phone. The input terminal may be provided with input devices such as, for example, a key board, a joystick, a mouse, a microphone, a game controller or a combination thereof to enable a human user to input commands to the input terminal, [0033] The commands input by the human user are processed by the input terminal and transmitted through the control center 130 to the tele-operated robot 110), and [0068] The control center includes a processor communicatively coupled to the tele-operated robot. For example, in some embodiments, the control center may be the control center 130 of the system 100. In some embodiments, the control center may be included within the tele-operated robot.) the fourth communication device transmits, to the external device, remote operation information received by the remote operation device, (see at least [0035] In some embodiments, the processor 134 ( external device) may be separate from the input terminal of the command module 132, and dedicated for processing the data received by the control center 130 from other components of the system 100 such as, for example, the tele-operated robot 110 and/or the UAV 150, and [0037] In some embodiments, the commands generated by the processor 134 may further include commands issued by a human user through the command module 132.) the second control device further generates the control signal based on the remote operation information (see at least [0030] control center may provide navigation and/or operational commands provided by a human operator or supervisor to the tele-operated robot, [0041] the sequence is transmitted to the tele-operated robot in the real world where it then creates the desired task, and [0041] a map of the property may be loaded into a virtual space where the human supervisor/operator may enter the commands for the tele-operated robot. These commands may include but are not limited to, actuation instructions, navigation instructions, etc. These commands may generate the necessary changes in the virtual space and may be iteratively or continuously altered till the desired output is created). Thus, Sano discloses a shovel capable of manual and semi-autonomous control using a second control device and Murthy a remote / virtual control center. As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Sano with remote control center taught by Murthy with a reasonable expectation of success, to share a UAV between several tele-operated robots, thereby reducing the equipment cost even further [0067]. 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 ASHUTOSH PANDE whose telephone number is (571)272-6269. The examiner can normally be reached Monday -Friday 9:00am -5:00 PM EST. 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, Fadey Jabr can be reached at 5712721516. 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. /A.P./Examiner, Art Unit 3668 /Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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Prosecution Timeline

Oct 30, 2023
Application Filed
Jul 28, 2025
Non-Final Rejection mailed — §103
Oct 28, 2025
Response Filed
Dec 19, 2025
Final Rejection mailed — §103
Mar 13, 2026
Response after Non-Final Action
Apr 07, 2026
Request for Continued Examination
Apr 21, 2026
Response after Non-Final Action

Precedent Cases

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MOWER, MOWING SYSTEM, AND DRIVE CONTROL METHOD
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Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
54%
Grant Probability
44%
With Interview (-10.0%)
2y 7m (~0m remaining)
Median Time to Grant
Moderate
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