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 the Claims
This office action is in response to the amendment filed 12/5/2025. Claims 1-11 are currently pending.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2002345058 A hereinafter Teruaki (cited by applicant in IDS, rejection is based off of espacenet translation that was provided by applicant).
Regarding claim 1, Teruaki teaches a remote operation system of a work machine comprising: (a remote control device for working machine which makes remote control under radio control possible. Abstract)
a first operation device that transmits, by being operated by an operator, a first operation command for operating the work machine to the work machine via a first communication system; (The hydraulic excavator 1 includes a transmitter 2 that can be wirelessly controlled from outside the machine, and a receiver 3 mounted on the hydraulic excavator 1.Paragraph [0029] the external transmitter 4 receives required data such as various control/operation signals inputted to the controller 2a by the operator's operation via the signal line 6, and sends a specific low-power radio signal. Wireless communication is performed to the receiver 3. Paragraph [0030] Examiner notes that the transmitter and receiver correspond to the first operation device because they transmit the first operation command directly to the work machine via radio communication.)
a second operation device that generations an operation signal for remotely operating the work machine; and (A command signal input by the operator to the operating device is digitized and processed by a microcomputer built into the operating device into required data signals for control and operation. Paragraph [0023] Examiner notes that the operating device corresponds to the second operation device because it generates the initial operation signals through operator input.)
a remote controller that generates a second operation command for operating the first operation device based on the operation signal to output the second operation command to the first operation device via a second communication system. (A command signal input by the operator to the operating device is digitized and processed by a microcomputer built into the operating device into required data signals for control and operation. Paragraph [0023] The radio-controlled remote control device in the third embodiment performs wireless relay using first and second simple radios 17-1 and 17-2 that perform mutual communication between the controller 2a and the receiver 3, Paragraph [0046] a relay station capable of long distance mutual communication is provided between the controller and the receiver, and the signal from this relay station is used for specified low power radio. By converting the frequency into radio waves and communicating with each other between the transmitter and receiver, the transmission range of the working machine to be controlled can be expanded. Paragraph [0025] Examiner notes that the microcomputer in the operating device corresponds to the remote controller because it processes the operators signal into a second operation command. Additionally, the simple radios and relay station correspond to the second communication system because they provide communication between the remote controller and the first operation device.)
Regarding claim 2, Teruaki teaches the remote operation system of the work machine according to claim 1. Teruaki also teaches wherein the first operation device is disposed at a work site where the work machine operates, (The hydraulic excavator 1 includes a transmitter 2 that can be wirelessly controlled from outside the machine, and a receiver 3 mounted on the hydraulic excavator 1.Paragraph [0029] Examiner notes that the transmitter and receiver (first operation device) are mounted on the hydraulic excavator which is disposed at the worksite the machine is operating at) and the second operation device is disposed at a location remote from the work site. (The invention according to claim 3 is characterized in that the external transmission repeater is disposed between the operating device and the receiver, and is capable of mutual communication over a long distance. Paragraph [0020] Examiner notes that the operating device (second operation device) is described as being located at a long distance which would correspond to being remote from the work site)
Regarding claim 3, Teruaki teaches the remote operation system of the work machine according to claim 1. Teruaki also teaches wherein the first communication system transmits the first operation command to the work machine by a first communication method, and (As a basic configuration of the present invention, a remote control device that performs remote control using a radio control is an unmanned working machine that is controlled using a specified low power radio that uses a frequency in the 429 MHz band, for example, based on the Radio Law. The hydraulic excavator 1 includes a transmitter 2 that can be wirelessly controlled from outside the machine, and a receiver 3 mounted on the hydraulic excavator 1. Paragraph [0029] According to the illustrated example, the external transmitter 4 receives required data such as various control/operation signals inputted to the controller 2a by the operator's operation via the signal line 6, and sends a specific low-power radio signal. Wireless communication is performed to the receiver 3. Paragraph [0030] Examiner notes that the first communication in this instance is a low-power radio used to transmit operation commands to the work machine)
the second communication system transmits the second operation command to the first operation device by a second communication method. (The radio-controlled remote control device in the third embodiment performs wireless relay using first and second simple radios 17-1 and 17-2 that perform mutual communication between the controller 2a and the receiver 3. Paragraph [0046] The first simple radio 17-1 is installed facing a second simple radio 17-2, which is installed at a remote location about 3000 meters away. A converter 19 is connected to this second simple radio 17-2 via a signal line 6, and the converter 19 is connected to an external transmitter 4 via the signal line 6. Paragraph [0047] After the data signal is amplified, modulated, etc. through an amplification section and a modulation section, it can be used, for example, for low-power data communication using a frequency in the 2.4 GHz band based on the Radio Law, or for simple communication using a frequency in the 50 GHz band. Paragraph [0023] Examiner notes that the second communication method using simple radios that relay the second operation command from the controller side to the external transmitter would be the second communication method.)
Regarding claim 4, Teruaki teaches the remote operation system of the work machine according to claim 1. Teruaki also teaches wherein the first communication system transmits the first operation command by a radio wave. (The present invention extends communication distance by using an external transmission repeater that performs communication between transmitters and receivers that satisfies the frequency band and transmission output applicable to specified low power radio and/or low power data communication based on the Radio Law., in a remote control system that allows remote control. Paragraph [0012])
Regarding claim 5, Teruaki teaches the remote operation system of the work machine according to claim 1. Teruaki also teaches wherein the second communication system transmits the second operation via an electric communication line. (According to the illustrated example, the external transmitter 4 receives required data such as various control/operation signals inputted to the controller 2a by the operator's operation via the signal line 6, and sends a specific low-power radio signal. Wireless communication is performed to the receiver 3. As the signal line 6, a metal cable, an optical fiber cable, or the like is used. Paragraph [0030])
Regarding claim 6, Teruaki teaches the remote operation system of the work machine according to claim 1. Teruaki also teaches wherein the work machine operates based on the first operation command, and (The hydraulic excavator 1 includes a transmitter 2 that can be wirelessly controlled from outside the machine, and a receiver 3 mounted on the hydraulic excavator 1. Paragraph [0029] the external transmitter 4 receives required data such as various control/operation signals inputted to the controller 2a by the operator's operation via the signal line 6, and sends a specific low-power radio signal. Wireless communication is performed to the receiver 3. Paragraph [0030])
the first operation device transmits the first operation command based on the second operation command. (A command signal input by the operator to the operating device is digitized and processed by a microcomputer built into the operating device into required data signals for control and operation. Paragraph [0023] the external transmitter 4 receives required data such as various control/operation signals inputted to the controller 2a by the operator's operation via the signal line 6, and sends a specific low-power radio signal. Wireless communication is performed to the receiver 3. Paragraph [0030])
Regarding claim 7, Teruaki teaches the remote operation system of the work machine according to claim 6. Teruaki also teaches the system further comprising a conversion device that converts the second operation command into the first operation command. (A command signal input by the operator to the operating device is digitized and processed by a microcomputer built into the operating device into required data signals for control and operation. Paragraph [0023] In the operating device 2a, the voltage, which is an analog quantity, is taken out from a potentiometer connected to a dial, lever, etc. that sends various control/operation signals, etc. to the receiver 3 of the hydraulic excavator 1, and is converted into a digital code by an A/D converter. This is input into a microcomputer, code converted by a PCM encoder, converted into a serial pulse train, FM-FSK modulated, high frequency amplified, and the data signal is sent to the external device via the signal line 6. The signal is transmitted to the transmitter 4. Paragraph [0031])
Regarding claim 8, Teruaki teaches the remote operation system of the work machine according to claim 1. Teruaki also teaches the system further comprising an in-vehicle controller that transmits an image of a work site where the work machine operates to a remote controller disposed at a location remote from the work site via the second communication system. (The transmitter includes a transmitter that transmits required data signals such as a pilot command signal, an operation command signal, and a camera operation signal using a data communication radio, and a receiver that receives these data signals. Paragraph [0010] This controller stores in advance various data related to operation programs for the work machine and image pickup device, and the control/operation signals received by the receiver are used to control the operation of the work machine and image pickup device stored inside the controller. The signal is converted into an operation command signal corresponding to the program, and is output to a required operation section of the work machine or image pickup device. Paragraph [0014])
Regarding claim 9, Teruaki teaches the remote operation of the system of the work machine according to claim 1. Teruaki also teaches the system further comprising an image transmitter that transmits an image of a work site where the work machine operates via a third communication system. (The invention according to claim 4 is characterized in that the external transmission repeater is capable of transmitting and receiving a video signal of a camera for monitoring the working state and a camera operation signal. Paragraph [0026] After signal processing of the video is performed, it is sequentially displayed on a display device such as a monitor in the operation room. Paragraph [0014] On the other hand, images of the site situation of the excavation surface, etc., the operation of working machines, etc. taken by the imager are received by the image receiver using radio waves in a frequency band used for low-power data communication based on the Radio Law, for example. The video signal undergoes signal processing and is output to a display device. Paragraph [0027])
Regarding claim 10, Teruaki teaches the remote operation of the system of the work machine according to claim 9. Teruaki also teaches wherein the image transmitter transmits the image to an image receiver disposed at the work site, and (In order for the operator to obtain the images, an imaging device such as a TV camera is installed near the work machine or the work site. Paragraph [0021] On the other hand, images of the site situation of the excavation surface, etc., the operation of working machines, etc. taken by the imager are received by the image receiver using radio waves in a frequency band used for low-power data communication based on the Radio Law, for example. The video signal undergoes signal processing and is output to a display device. Paragraph [0027])
the remote operation system further comprises: a relay controller that transmits the image received by the image receiver via the second communication system to a remote controller disposed at a location remote from the work site. (On the other hand, the video signal obtained by the imager is received through the external transmission repeater using low power data communication based on the Radio Law, for example. After signal processing of the video is performed, it is sequentially displayed on a display device such as a monitor in the operation room. Paragraph [0014] The invention according to claim 4 is characterized in that the external transmission repeater is capable of transmitting and receiving a video signal of a camera for monitoring the working state and a camera operation signal. This invention provides a method for transmitting signals using the external transmitting repeater at work sites where the positional relationships of work objects and work machines are too far away to be visually recognized or monitored, or where they are obscured by obstacles or the like. Paragraph [0026])
Regarding claim 11, Teruaki teaches a remote operation method for a work machine, the method comprising: (This invention provides a method for transmitting signals Paragraph [0026])
transmitting, by being operated by an operator, a first operation command for operating the work machine from a first operation device to the work machine via a first communication system; (The hydraulic excavator 1 includes a transmitter 2 that can be wirelessly controlled from outside the machine, and a receiver 3 mounted on the hydraulic excavator 1.Paragraph [0029] the external transmitter 4 receives required data such as various control/operation signals inputted to the controller 2a by the operator's operation via the signal line 6, and sends a specific low-power radio signal. Wireless communication is performed to the receiver 3. Paragraph [0030])
generating a second operation command for operating the first operating device based on an operation signal generated by a second operation device that remotely operates the work machine; and (A command signal input by the operator to the operating device is digitized and processed by a microcomputer built into the operating device into required data signals for control and operation. Paragraph [0023])
outputting the second operation command to the first operation device via a second communication system. (A command signal input by the operator to the operating device is digitized and processed by a microcomputer built into the operating device into required data signals for control and operation. Paragraph [0023] The radio-controlled remote control device in the third embodiment performs wireless relay using first and second simple radios 17-1 and 17-2 that perform mutual communication between the controller 2a and the receiver 3, Paragraph [0046] a relay station capable of long distance mutual communication is provided between the controller and the receiver, and the signal from this relay station is used for specified low power radio. By converting the frequency into radio waves and communicating with each other between the transmitter and receiver, the transmission range of the working machine to be controlled can be expanded. Paragraph [0025])
Response to Arguments
Applicants’ arguments filed 12/5/2025 have been fully considered.
Applicants argument “In contrast to amended Claim 1, Teruaki does not disclose the first operation device (5) that is "operated by an operator" (operator 10). Instead, Teruaki, the external transmitter (4)" only receives data signals input to the controller (2a) via a signal line (6) and transmits radio signals. Paragraph [0030] of Teruaki explains that the required data is input to the "controller (2a) by the operator's operation." The external transmitter (4) simply receives this data via the signal line (6).
Therefore, in Teruaki, the component operated by the operator is only the "controller (2a)." The rejections appear to equate this controller (2a) in Teruaki to the second operation device (9) of Claim 1. But the "external transmitter (4)" is just a communication relay box that converts electrical signals to radio waves. It is not designed to be operated by a human operator. For example, it does not have manual levers or joysticks for direct control by an operator.
The claimed first operation device (5) of amended Claim 1, on the other hand, is a device that can be operated by an operator (10). Teruaki's external transmitter (4) does not satisfy this element of amended Claim 1. Accordingly, Teruaki does not teach or suggest each and every element recited in amended Claim 1.
Since Teruaki does not suggest or disclose each and every element recited in amended Claim 1, Teruaki does not anticipate amended Claim 1 under 35 U.S.C. § 102. Since Claim 11 includes similar amendment to those of Claim 1 discussed above, the same reasoning provided for Claim 1 readily applies to amended Claim 11. The remaining claims depend from Claim 1 and so the same reasoning provided with respect to Claim 1 readily applies to its dependent claims by virtue of dependency.
In view of the foregoing amendments and remarks, Applicant believes all of the rejections are addressed and overcome. Applicant respectfully requests withdrawal of the rejections accordingly.” Filed on 12/5/2025 have been fully considered but are not persuasive.
Applicant argues that Teruaki fails to disclose the recited first operation device that transmits, by being operated by an operator, a first operation command asserting that the external transmitter is not operated by a human operator. However, Teruaki discloses an operating device that is operated by an operator and generates command signals for controlling the work machine as seen in paragraphs [0013], [0022], [0028] and [0030]. In these paragraphs Teruaki explicitly states that command signals are input by the operator to the operating device, digitized, and transmitted for controlling operation of the work machine. The fact that Teruaki further includes an external transmission repeater to extend communication distance does not negate that the operating device itself transmits the operation command. Therefore, Teruaki anticipates the amended claims 1 and 11.
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 Joshua J Penko whose telephone number is (571)272-2604. The examiner can normally be reached Monday thru Friday 8-5 ET.
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/J.J.P./Examiner, Art Unit 3667
/ANSHUL SOOD/Primary Examiner, Art Unit 3667