Prosecution Insights
Last updated: July 17, 2026
Application No. 18/720,163

WORK MACHINE AND METHOD OF CONTROLLING WORK MACHINE

Non-Final OA §102
Filed
Jun 14, 2024
Priority
Feb 02, 2022 — JP 2022-015069 +1 more
Examiner
MCGOWAN, JAMIE LOUISE
Art Unit
Tech Center
Assignee
Komatsu Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
719 granted / 979 resolved
+13.4% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
31 currently pending
Career history
1007
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
87.8%
+47.8% vs TC avg
§102
6.8%
-33.2% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 979 resolved cases

Office Action

§102
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 . 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. 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. Claim(s) 1-2, 6-7 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishi (2021/0002852). Regarding claim 1, Nishi discloses a work machine comprising: A work machine main body including A traveling unit (1) and A revolving unit (2) including a work implement (6) The revolving unit (2) being configured to be revolvable with respect to the traveling unit (1) A detection section configured to detect a position of the work implement (pgph 0077) A posture control section configured to change a posture of the work implement so as to not interfere with a virtual wall (ZA) set at a predetermined position from the work machine main body (pgph 0071-0100) when determining that the work implement interferes with the virtual wall (ZA) based on the position of the work implement when the revolving unit is revolved (pgph 0085) Regarding claim 2, Nishi discloses that the posture control section is configured to change the posture of the work implement while revolving the revolving unit (pgph 0071-0100). Regarding claim 6, Nishi discloses that the detection section is configured to detect an outermost position of the work implement and the posture control section is configured to determine the interference of the work implement with the virtual wall by whether or not the outermost position interferes with the virtual wall when the revolving unit is revolved (pgph 0091). Regarding claim 7, Nishi disclose that the revolving unit includes a frame part to which the work implement is attached and the work implement includes a boom (4) attached to the frame, an arm (5) swingably attached to the boom, an attachment (6) swingably attached to the arm, a first cylinder (7), a second cylinder (8) and a third cylinder (9), wherein the posture control section is configured to change the posture of the work implement by adjusting hydraulic fluid supplied to the three cylinders. Regarding claim 10, Nishi discloses a method of controlling a work machine including a traveling unit and a revolving unit having a work implement, the revolving unit being configured to be revolvable with respect to the traveling unit, the method comprising: a position detection step of detecting a position of the work implement (pgph 0091); a determination step of determining whether or not the work implement interferes with a virtual wall set at a predetermined position from the work machine based on a detection in the position detection step when the revolving unit is revolved (pgph 0093); an interference avoidance step of changing a posture of the work implement so as not to interfere with the virtual wall when it is determined that the work implement interferes with the virtual wall (pgph 0098) Allowable Subject Matter Claims 3-5 and 8-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nishi (WO2019/189030) (cited by applicant) also discloses controlling an implement based on virtual walls/boundaries. Okazaki (2020/0399862) also disclose a revolving work implement that operates based on a virtual wall. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST. 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, Chris Sebesta can be reached at 571-272-0547. 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. /JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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Prosecution Timeline

Jun 14, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
89%
With Interview (+16.0%)
2y 6m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 979 resolved cases by this examiner. Grant probability derived from career allowance rate.

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