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 .
Drawings
The drawings were received on December 18th 2023. These drawings are accepted.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware of, in the specification.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 18th 2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
This action is in response to the applicant’s filing on December 29th 2025.
Claims 2 and 3 are canceled.
Claims 1 and 4-7 are pending and examined below.
Response to Arguments
Applicant’s amendments with respect to Claim Objections have been fully considered and overcome the claim objection.
Applicant’s amendments with respect to the rejection of claims under 35 USC § 102 have been fully considered but are moot. The examiner agrees that the prior art does not explicitly teach as it is currently recited in the claim language; " …a prime mover operator to be operated by the operator to perform an operation of starting or stopping the prime mover; and the communication terminal is configured or programmed to output the first signal when the first instruction generator is operated by the operator when the operation of stopping the prime mover is performed by the prime mover operator…”; Therefore, the rejection has been withdrawn; However, upon further consideration a new ground of rejection is made for claims 1 in view of Kaechi (Patent No. US11954947B2) over Nishikawa (Patent No. US11732441B1).
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 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable in view of Kaechi (Patent No. US11954947B2) over Nishikawa (Patent No. US11732441B1).
Regarding claim 1 Kaechi teaches a work machine monitoring system comprising; (See Kaechi column 2, line 49-50; “FIG. 1 is an overall view of a monitoring system for a working device 1.”); a work machine;(See Kaechi column 2, line 62-63; “The working device 1 is agricultural machinery and the like that performs work”); a monitor to monitor whether or not the work machine is within an area when a first signal is received and stop monitoring when a second signal is received; (See Kaechi column 3, line 37-39; “The first communicator 12 is, for example, a device configured to communicate with a second communicator 32 installed in the monitoring device 30.”; also see Kaechi column 14, line 28-40; “If the judgment analyzer 36 determines that the working machine 1 is within the monitoring area and the working device 4 is stopped, the instruction controller 11a instructs the monitor 33 to monitor the working machine 1. This allows the monitoring by the monitor 33 of the monitoring device 30 to begin once the working device 1 is within the monitoring area and the working device 1 has stopped traveling and working.
Thus, even when the operator stops the working device 1 in the agricultural field 50 and moves away from the working device 1, the monitoring of the working device 1 by the monitoring device 30 can be enabled without requiring any special operation.”); wherein the work machine includes at least: a communication terminal configured or programmed to transmit the first signal and the second signal to the monitor; (See Kaechi column 3, line 9-10; “The tractor 1 is provided with a controller 11, a first communicator 12, a display 13, and an input device 14.”; also see Kaechi column 3, line 37-42; “The first communicator 12 is, for example, a device configured to communicate with a second communicator 32 installed in the monitoring device 30. The first communicator 12 is a device configured to communicate in a short distance or a long distance. For example, the first communicator 12 communicates wirelessly with the second communicator 32 ...”); a first instruction generator to be operated by an operator to instruct the communication terminal to transmit the first signal;(See Kaechi column 3, line 56-65; “The input device 14 is a code input device 14 such as a numeric keypad or the like capable of entering a pass code (certification information). When an operator operates the input device 14 and inputs a pass code, the pass code is output as a signal. The signal output from the input device 14 is input to the controller 11. The configuration may be such that the pass code can be entered by operating the display 13 in the same manner as a numeric keypad, for example, the display 13 may be configured to serve as an input device 14.”); a second instruction generator to be operated by the operator to instruct the communication terminal to transmit the second signal when the monitor is monitoring the work machine; (See Kaechi column 4. Line 13-26; “The rotating-speed detector 3a can output a signal based on the number of revolutions detected by the rotating-speed detector 3a to the controller 11 through the on-board network N. In other words, the controller 11 can obtain the number of revolutions of the prime mover 3 from the rotating-speed detector 3a. The rotating-speed detector 3a can be any type of the rotating-speed detector 3a that is configured to detect whether the prime mover 3 is starting or not.
The working detector 4a is a device for detecting a state of an actuator and the like provided in the working device 4. In detail, the working detector 4a detects, for example, the number of rotations of the actuator provided in the working device 4, the rotational speed of the actuator, and the like.”).
Kaechi does not explicitly teach but Nishikawa teaches, a prime mover; and a prime mover operator to be operated by the operator to perform an operation of starting or stopping the prime mover; (See Nishikawa column 3, line 25-36 and 64-67 and column 4, line 1-12; “a cabin 4 housing a seat where the operator can be seated, and the like, a prime mover such as an engine or the like, and hydraulic devices including a hydraulic pump driven by the engine, a swing motor (not shown) actuated by a hydraulic fluid delivered under pressure from the hydraulic pump, and so on. The upper swing structure 2 is swung rightwardly or leftwardly with respect to the lower track structure 1 by the swing motor. The cabin 4 also houses a monitor 26 (display device, see FIG. 2) for display various instruments and machine body information for the operator to see to confirm the state of the hydraulic excavator (construction machine)…an ON position, and a START position when the operator inserts a key into the key switch 12 and turns the key. FIG. 2 illustrates terminal connections that can be made in the key switch 12 when the key switch 12 is in the positions described above. For example, when the key switch 12 is turned into the ON position, terminals 1, 2, and 3 are connected to each other, and a terminal 4 is not connected to the other terminals. The key switch 12 is of such a structure that after the key switch 12 has been turned into any of the positions other than the START position, the key switch 12 remains in those positions when the operator takes its hand off the key, and after the key switch 12 has been turned into the START position, the key switch 12 automatically returns to the ON position when the operator takes its hand off the key.”); and the communication terminal is configured or programmed to output the first signal when the first instruction generator is operated by the operator when the operation of stopping the prime mover is performed by the prime mover operator; (See Nishikawa column 5, line 35-55; “The engine controller 17, the main controller 22, and the monitor controller 25 are supplied with a 24V power supply, not shown, and are initialized (started up) according to a start-up process when the key switch 12 is turned into the ON position.
The controllers 17, 22, and 25 are connected to each other by way of CAN communications, and thus each of them is able to recognize the state of data input to and output from the other controllers.
Moreover, each of the controllers 17, 22, and 25 is capable of indirectly controlling relays, for example, connected to the other controllers by sending requests to actuate the relays to the other controllers. For example, the main controller 22 may send a command for turning on and off the starter cutting relay 16, and the engine controller 17 may receive the command and selectively turn on or off the starter cutting relay 16. Furthermore, the main controller 22 may generate notification information for the monitor 26, and the monitor controller 25 may receive the notification information and control the monitor 26 to display the notification information.”).
Both Kaechi and Nishikawa in the same field of endeavor of work machine control. It would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to modify Kaechi work machine monitoring system with Nishikawa communication terminal is configured to output the first signal when the first instruction generator is operated by the operator. No new functionality would arise from the combination and the combination would improve usability of Kaechi by adding the communication terminal is configured to output the first signal when the first instruction generator is operated by the operator one of ordinary skill in the art would have recognized that the
results of the combination were predictable.
Regarding claim 4 Kaechi in view of Nishikawa teaches the work machine monitoring system according to claim 1, Kaechi further teaches, wherein the work machine further includes: a working device driven by the prime mover;(See Kaechi column 14, line 46-48; “operator activates the prime mover 3 of the working machine 1, that is, when the operator is in possession of a regular engine key.”; and a working device operator configured or programmed to operate the working device during a driving of the prime mover; (See Kaechi column 4-5, line 58-5; “he starter switch 19 is a switch for starting the prime mover 3. When an operator inserts an engine key into a key cylinder provided around the operator seat and turns the engine key, the starter switch 19 outputs a signal to the starter relay 20 to start the prime mover.
The starter relay 20 is a component for starting the prime mover 3. When a signal for starting the prime mover is input from the starter switch 19 to the starter relay 20, the starter relay 20 starts the prime mover 3. The starting of the prime mover, which is one of driving of the prime mover, is not limited to a mechanical type (key cylinder type) where the engine key is inserted into the key cylinder and the starter relay 20 is turned on, but may be a smart entry type where the starting of the prime mover is permitted or prohibited by radio communication.”); and the working device operator, as the second instruction generator, is configured or programmed to instruct the communication terminal to transmit the second signal when the working device operator is operated during a stop of the prime mover; (See Kaechi coumn 10, line 44-58; “The controller 11 determines that the motor 3 has stopped based on the operator's turning of the engine key and the starter switch 19 outputting a signal to the starter relay 20 to stop the prime mover, or a signal input to the controller 11 from the rotating-speed detector 3a (step S19), and based on the received judgment results in step S15, it is determined whether the working device 1 is within the monitoring area (S20).
In detail, the controller 11 obtains a signal from the starter switch 19 or the rotating-speed detector 3a. The controller 11 determines whether the prime mover 3 is operating or stopped based on the signal. The controller 11 may be configured to determine that the prime mover 3 has stopped by both the signal obtained from the starter switch 19 and the signal obtained from the rotating-speed detector 3a.”).
Regarding claim 5 Kaechi in view of Nishikawa teaches the work machine monitoring system according to claim 1, Kaechi further teaches, wherein the work machine further includes:a working device driven by the prime mover; a working device operator configured or programmed to operate the working device during a driving of the prime mover; (See Kaechi column 3-4, line 66-12; “In particular, the display portion 13 provided in the working device 1 may be like a touch panel on which a numeric keypad or the like similar to the input device 14 is displayed and a certification code is entered from the display portion 13. In such a case, the display 13 outputs a signal based on the pass code entered into the display 13 to the controller 11.
The rotating-speed detector 3a is a device for detecting the number of revolutions of the prime mover 3. In other words, the rotating-speed detector 3a can detect whether the prime mover 3 is starting or not. The rotating-speed detector 3a is provided in the prime mover 3 and includes a sensor or the like that detects the number of revolutions of the prime mover 3.”); and a lock operator configured or programmed so that the working device is not operated by operating the working device operator; and the lock operator, as the second instruction generator, is configured or programmed to instruct the communication terminal to transmit the second signal when the lock operator is operated during a stop of the prime mover; (See Kaechi column 10, line 44-64; “The controller 11 determines that the motor 3 has stopped based on the operator's turning of the engine key and the starter switch 19 outputting a signal to the starter relay 20 to stop the prime mover, or a signal input to the controller 11 from the rotating-speed detector 3a (step S19), and based on the received judgment results in step S15, it is determined whether the working device 1 is within the monitoring area (S20).
In detail, the controller 11 obtains a signal from the starter switch 19 or the rotating-speed detector 3a. The controller 11 determines whether the prime mover 3 is operating or stopped based on the signal. The controller 11 may be configured to determine that the prime mover 3 has stopped by both the signal obtained from the starter switch 19 and the signal obtained from the rotating-speed detector 3a.
When the controller 11 determines that the prime mover 3 has stopped, the controller 11 obtains the result of the determination of the judgment analyzer 36 from the first storage portion 15. Thereby, the controller 11 determines whether the working device 1 is within the monitoring area or not.”).
Regarding claim 6 Kaechi in view of Nishikawa teaches the work machine monitoring system according to claim 1, Kaechi further teaches, wherein the work machine further includes: a traveling device driven by the prime mover; and a shift operator configured or programmed to shift the traveling device; and the shift operator, as the second instruction generator, is configured or programmed to instruct the communication terminal to transmit the second signal when the shift operator is operated during a stop of the prime mover; (See Kaechi column 12, line 5-14; “The instruction controller 11a instructs the monitor 33 to start monitoring via the first communication device 12 and second communication device (step S43). In particular, a start signal, which is a signal instructing the monitor 33 to start monitoring, is sent from the first communicator 12 to the second communicator 32. When the monitor 33 obtains the start signal, the monitor 33 starts imaging with the imaging portion 33a and obtaining a judgment result from the judgment analyzer 36.”; also see Kaechi column 12, line 41-53; “When the second communicator 32 receives a termination signal from the first communicator 12 (step S51), the monitor 33 terminates the monitoring (step S52). In other words, when the second communicator 32 receives a termination signal from the first communicator 12, the monitoring device 30 is released from the monitoring mode and shifts to the normal mode.
On the other hand, when the second communicator 32 does not receive a termination signal from the first communicator 12 and receives the first warning signal (step S53), the second communicator 32 transmits a call signal based on the first warning signal to the third communicator 41 (step S54).”).
Regarding claim 7 Kaechi in view of Nishikawa teaches the work machine monitoring system according to claim 1, Kaechi further teaches, wherein the work machine further includes: a working device; and a Power Take-Off operator configured or programmed to change a power to a Power Take-Off shaft which transmits the power to the working device; and the Power Take-Off operator, as the second instruction generator, is configured or programmed to instruct the communication terminal to transmit the second signal when the Power Take-Off operator is operated during a stop of the prime mover; (See Kaechi column 11, line 36-55; “When the controller 11 recognizes that the operator operates the input device 14 and that the input pass code is normal (step S33), the instruction controller 11a instructs the monitor 33, via the first and second communication devices 12 and 32, to terminate the monitoring once started (step S34).
In detail, the control device 11 obtains a signal based on the pass code inputted from the input device 14. The control device 11 also acquires information relating to the regular pass code stored in advance in the first storage portion 15. The controller 11 determines whether the pass code is a normal one or not based on the signal obtained from the input device 14 and the information obtained from the first storage portion 15.
When the control device 11 determines that the input pass code is a normal pass code, the instruction controller 11a outputs a termination signal instructing the first communicator 12 to terminate the monitoring once started. The first communicator 12 transmits the termination signal to the second communicator 32.”).
Conclusion
THIS ACTION IS MADE FINAL. 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 LIDIA KWIATKOWSKA whose telephone number is (571)272-5161. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott A. Browne can be reached at (571) 270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.K./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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