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 .
Information Disclosure Statement
The references listed on the IDS filed 7/6/2025 have been considered by the Examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2 and 9-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 5 and 11-13 of copending Application No. 18/741820, Meyer et al.
Regarding claim 1, Meyer teaches: A work machine control method, comprising: (See claim 1, control method of work machine)
acquiring operation information on an operation of an operation section of a display device for a work machine; (See claim 1)
displaying an operation menu in a position corresponding to the operation section on the display screen displayed in a display section of the display device; (See claim 1 for display of menu)
executing control based on the operation information; and (See claim 1 for changing display based on operation information)
switching a display mode of the operation menu from a normal mode to a specific mode on the display screen when a switching condition is satisfied. (See claim 1 for changing menu display based on operation information)
Regarding claim 2, Meyer teaches: The work machine control method according to claim 1, wherein
the operation section includes a plurality of switches, and
the operation menu includes a plurality of items corresponding to the plurality of switches. (See claim 2)
Regarding claim 9, Meyer teaches: The work machine control method according to claim 1, further comprising:
switching the display mode of the operation menu from the specific mode to the normal mode on the display screen, when a cancel condition is satisfied. (See claim 5 for hiding the menu again when a condition is satisfied)
Regarding claim 10, Meyer teaches: A work machine control program that causes at least one processor to execute the work machine control method according to claim 1. (See claim 11)
Regarding claim 11, Meyer teaches: A work machine control system, comprising:
an acquisition processor that acquires operation information on an operation of an operation section of a display device for a work machine;
a display processor that displays an operation menu in a position corresponding to the operation section on the display screen displayed in a display section of the display device; and
a control processor that executes control based on the operation information, wherein
the display processor switches a display mode of the operation menu from a normal mode to a specific mode on the display screen when a switching condition is satisfied. (See claim 12 and analysis of claim 1)
Regarding claim 12, Meyer teaches: A work machine comprising:
the work machine control system according to claim 11; and
a machine body on which the display device is mounted. (See claim 13)
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nomura (US 20220403626 A1).
Regarding claim 1, Nomura teaches: A work machine control method, comprising:
acquiring operation information on an operation of an operation section of a display device for a work machine; (Per [0049]-[0051] of the present application, the operation section of the display device is the part where the user interacts with the display device. See Nomura Figs 2 for display device 50 including operation unit 52, and Figs 3-4 and [0072]-[0075] for detection of operations on operations unit 52.)
displaying an operation menu in a position corresponding to the operation section on the display screen displayed in a display section of the display device; (See Nomura Fig. 3 and [0069] where the operator may display and check detailed information by operating the operation unit 52. See the icon in the lower-right portion of Fig. 3, a square with multiple horizontal lines, commonly used in software user interfaces to indicate a menu)
executing control based on the operation information; and (See Nomura Figs 3-4 and [0067]-[0075] for control of the display based on the operation unit, and [0073]-[0075] for the output of operation information from the operation unit to the work vehicle controller)
switching a display mode of the operation menu from a normal mode to a specific mode on the display screen when a switching condition is satisfied. (See Nomura [0068]-[0070] for changes in information displayed depending on the mode of the vehicle, and for use of operation unit to allow the user to check more detailed information during the charging mode. Examiner considers the availability of additional information during charging modes rather than operating modes to be comparable to changes in the available menus.)
Claims 1-2, 5-6, and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Danguchi et al. (US 20230407602 A1).
Examiner notes that Danguchi has common ownership with the present application. However, Danguchi has priority to Japanese application JP2020171623A, which was published as JP2022063383A in April of 2022. As this is more than one year prior to the claimed priority date of the present application, Danguchi is therefore considered prior art.
Regarding claim 1, Danguchi teaches: A work machine control method, (See Danguchi Fig. 1 for work machine) comprising:
acquiring operation information on an operation of an operation section of a display device for a work machine; (See Danguchi Figs. 2-3 for monitor 60 including display unit 61 and input 62)
displaying an operation menu in a position corresponding to the operation section on the display screen displayed in a display section of the display device; (See Danguchi fig. 3 and [0054]-[0055] for menu information D2 in parallel to and controlled via input 62)
executing control based on the operation information; and (See Danguchi [0059]-[0060] for controlling operation of the vehicle based on the input)
switching a display mode of the operation menu from a normal mode to a specific mode on the display screen when a switching condition is satisfied. (See Danguchi Figs. 4-10 and [0086]-[0103] for manipulation of the screen and the menu bar via button press)
Regarding claim 2, Danguchi teaches: The work machine control method according to claim 1, wherein
the operation section includes a plurality of switches, and (See Danguchi [0058] and throughout where input 62 consists of mechanical button switches)
the operation menu includes a plurality of items corresponding to the plurality of switches. (See Danguchi Figs. 4-10 and [0086]-[0103] for manipulation of the screen and the menu bar via button press)
Regarding claim 5, Danguchi teaches: The work machine control method according to claim 1, wherein
the switching condition includes a specific operation being performed on the operation section. (See Danguchi Figs. 4-10 and [0086]-[0103] for manipulation of the screen and the menu bar via button press)
Regarding claim 6, Danguchi teaches: The work machine control method according to claim 5, wherein
the operation section includes a specific operator for performing the specific operation, and
the operation menu includes a specific item displayed in a position corresponding to the specific operator on the display screen. (See Danguchi Figs. 3-10 and [0086]-[0103] for manipulation of the screen and the menu bar via button press, specifically button 62a4, corresponding with the “CAMERA” on the menu bar)
Regarding claim 9, Danguchi teaches: The work machine control method according to claim 1, further comprising:
switching the display mode of the operation menu from the specific mode to the normal mode on the display screen, when a cancel condition is satisfied. (See Danguchi Figs. 4-10 and [0086]-[0103] for manipulation of the screen and the menu bar via button press. See specifically the short-press which switches back and forth between modes)
Regarding claim 10, Danguchi teaches: A work machine control program that causes at least one processor to execute the work machine control method according to claim 1. (See Danguchi [0073] for storage unit with computer program)
Regarding claim 11, Danguchi teaches: A work machine control system, comprising:
an acquisition processor that acquires operation information on an operation of an operation section of a display device for a work machine; (See Danguchi Figs. 2-3 for monitor 60 including display unit 61 and input 62. See [0071]-[0072] for controller 90 including a CPU. Per paragraph [0059] of the present application, the acquisition, display, and control processors are realized by a single processor executing a control program, and are not necessarily separate physical processors)
a display processor that displays an operation menu in a position corresponding to the operation section on the display screen displayed in a display section of the display device; and (See Danguchi fig. 3 and [0054]-[0055] for menu information D2 in parallel to and controlled via input 62)
a control processor that executes control based on the operation information, wherein (See Danguchi [0059]-[0060] for controlling operation of the vehicle based on the input)
the display processor switches a display mode of the operation menu from a normal mode to a specific mode on the display screen when a switching condition is satisfied. (See Danguchi Figs. 4-10 and [0086]-[0103] for manipulation of the screen and the menu bar via button press)
Regarding claim 12, Danguchi teaches: A work machine comprising:
the work machine control system according to claim 11; and
a machine body on which the display device is mounted. (See Danguchi Figs 1-2 and throughout for work vehicle)
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 3-4 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Danguchi et al. (US 20230407602 A1) in view of Nezu (US 20090172599 A1).
Regarding claim 3, Danguchi teaches: The work machine control method according to claim 2, wherein
in a notification region having a length in a direction in which the plurality of items are arranged, running information relating to a running state of the work machine is displayed in the normal mode (See Danguchi Figs 3-6 and [0054] for crane information D3 displayed above menu D2)
Danguchi does not explicitly teach: whereas the operation menu is displayed in the specific mode.
However, expanding menu bars are well known in the art of user interface design. See, for example, Nezu Figs 1A-1C. The purpose may be to improve visibility on a small screen or to provide additional menu options that would otherwise clutter the screen.
In the case of Danguchi, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the application, that menu D2 should expand to cover crane info D3 without expanding further, similarly to how the expanding menu of Nezu Fig 1B covers some of the navigation information, in order to leave the more vital camera images unobscured.
Regarding claim 4, Danguchi teaches: The work machine control method according to claim 1,
Danguchi does not explicitly teach: wherein
in the specific mode, a display size of the operation menu is enlarged when at least compared with the normal mode.
However, expanding menu bars are well known in the art of user interface design. See, for example, Nezu Figs 1A-1C. The purpose may be to improve visibility on a small screen or to provide additional menu options that would otherwise clutter the screen.
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the application, to modify the system of Danguchi to incorporate the expanding menu of Nezu in order to improve usability and visibility on a small screen.
Regarding claim 7, Danguchi teaches: The work machine control method according to claim 6,
Danguchi does not explicitly teach: wherein
the specific item includes a first icon in the normal mode and includes a second icon different from the first icon in the specific mode.
However, it is commonly known in the art of user-interface design that a button or icon which changes its function after being activated should also have its icon change.
For example, Nezu teaches an interface including a menu with a button to expand the menu and retract the menu again. The button is shaped like an arrow and changes direction when pressed to indicate which direction the menu will move when pressed again. See Figs 1B-1C.
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the application, to modify the system of Danguchi to include a changing icon to indicate the changing functionality of the button used to change the operating mode of the screen.
Regarding claim 8, modified Danguchi teaches: The work machine control method according to claim 7, wherein
the first icon points an inside of the display screen and the second icon points an outside of the display screen. (See Nezu figs 1B-1C for the arrows which first point into the screen and then out of it)
Conclusion
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/JACOB KENT BESTEMAN-STREET/
Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661