Prosecution Insights
Last updated: May 29, 2026
Application No. 18/702,897

ELECTRIC EXCAVATOR

Non-Final OA §103
Filed
Apr 19, 2024
Priority
Nov 08, 2021 — JP 2021-181613 +1 more
Examiner
BRENNER, WILLIAM RICHARD
Art Unit
3613
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Komatsu Ltd.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-52.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
1 currently pending
Career history
2
Total Applications
across all art units

Statute-Specific Performance

§103
100.0%
+60.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 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. Claims 1 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Takano (WO 2020054091 A1) in view of Egawa (JP 2015197029 A). Regarding claim 1, Takano teaches: An electric excavator (Fig. 1, electric hydraulic excavator 200) comprising: a revolving frame (Fig. 6, revolving frame 10) having a front end and a rear end that face each other in a plan view; a high voltage portion (Fig. 2, high-voltage area H) including an electric motor (Fig. 2, electric motor 39) that serves as a motive power source and a battery (Fig. 2, battery unit 31) that supplies electric power to the electric motor, the high voltage portion being a portion to be subjected to maintenance; an operator's cab (Fig. 1, operating space 80) arranged on the revolving frame at a location closer to the front end than the high voltage portion, a first position of the high voltage portion that is closest to the front end being located closer to the rear end than a second position of the operator's cab that is closest to the rear end (Fig. 3, partition wall 24; Paragraph [0089], line 1, “A partition wall 24 for partitioning the high-voltage region H and the daily inspection region D”); Takano is silent regarding the presence and location of a switching valve. Egawa teaches an electric excavator having a control valve located in the gap formed between the operator cab and the high-voltage portion (Fig. 2, cab 7, generation motor 10, control valve 12, power storage device 13). Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide Takano with a control valve located in the gap between the cab and the high-voltage portion, as suggested by Egawa; the motivation being: providing better airflow to the valve, and safer and easier access to the valve for maintenance personnel. Regarding claim 4, the combination further teaches: The electric excavator according to claim 1, further comprising a cooling device arranged between the operator's cab and the battery in the fore/aft direction (Egawa, Fig. 2, heat exchange device 15, power storage device 13, cab 7). Regarding claim 5, the combination further teaches: The electric excavator according to claim 1, wherein the battery includes a portion located farther from the front end than the rear end of the revolving frame, and a portion located closer to the front end than the rear end of the revolving frame (Takano, Fig. 2, battery case 33, turning frame 10). Regarding claim 6, the combination further teaches: The electric excavator according to claim 1, further comprising a hydraulic oil tank arranged closer to the front end than the electric motor (Takano, Fig. 2, electric motor 39, oil tank 65, turning frame 10). Regarding claim 7, the combination further teaches: The electric excavator according to claim 1, further comprising a temperature adjustment device that cools the high voltage portion (Egawa, Paragraph [0035], line 4, “a cooling device 25, … for cooling the electric system of the hydraulic excavator …”). The combination discloses the claimed invention except for the temperature adjustment device being arranged directly above the electric motor. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to relocate Egawa’s cooling device 25 above the electric motor since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Takano (WO 2020054091 A1) and Egawa (JP 2015197029 A), as applied above, in further view of Sho (US 20140262570 A1) and Okumura (WO 2012011530 A1). Regarding claim 2, the combination fails to disclose: The electric excavator according to claim 1, wherein the revolving frame includes: a first deck that supports the operator's cab; a second deck that supports the electric motor; and a center frame located between the first deck and the second deck in a right/left direction orthogonal to the fore/aft direction in a plan view, the center frame supporting the switching valve. Sho teaches a side frame 30 (Fig. 3) supporting a cab 5 (Fig. 1). Sho also teaches “Generator motor 64 is … on side frame 40” (Paragraph [0044], line 5). Sho also teaches “Side frame 30 is located at left side L relative to center frame 12,” and “Side frame 40 is located at right side R relative to center frame 12” (Paragraph [0049], lines 1-5). Okumura teaches “A control valve 9 is disposed in the central region S” (Paragraph [0029], line 5). Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the electric excavator of combination with separate left, right, and center frames with cab, motor, and switching valve disposed thereupon, respectively, as suggested by Sho and Okumura; the motivation being: separation of operator personnel from high-voltage devices, and electrical hazard safety and ease of access to the switching valve for maintenance personnel. Regarding claim 3, the combination fails to teach: The electric excavator according to claim 2, further comprising a hydraulic pump driven by the electric motor, wherein the hydraulic pump is supported by the second deck at a location closer to the front end than the electric motor. Sho teaches a hydraulic pump 68 driven by a generator motor 64 (Fig. 10). Sho also teaches that the hydraulic pump 68 is supported by side frame 40 (Fig. 9). Takano teaches that the hydraulic pump 51 is located closer to the front end than the electric motor 39 (Fig. 2). Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the electric excavator of combination with a hydraulic pump driven by an electric motor and supported by the right-side deck/frame, at a location closer to the front end than the electric motor, as suggested by Sho and Takano; the motivation being: simple rearrangement of parts from the left side of the vehicle to the right side of the vehicle. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional art of record relates to electric excavators having features relevant to the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R BRENNER whose telephone number is (571)270-0299. The examiner can normally be reached 7:30 a.m. - 5:00 p.m. EDT. 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, Allen Shriver can be reached at (303) 297-4337. 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. /WILLIAM RICHARD BRENNER/Examiner, Art Unit 3613 /JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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Prosecution Timeline

Apr 19, 2024
Application Filed
May 06, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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