Prosecution Insights
Last updated: October 02, 2026
Application No. 18/859,588

SHORT-RANGE WIRELESS COMMUNICATION SYSTEM

Non-Final OA §103
Filed
Oct 24, 2024
Priority
Jun 27, 2022 — JP 2022-102874 +1 more
Examiner
AKINYEMI, AJIBOLA A
Art Unit
Tech Center
Assignee
Hitachi Construction Machinery Co., Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
768 granted / 955 resolved
+20.4% vs TC avg
Strong +18% interview lift
Without
With
+18.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
28 currently pending
Career history
975
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
71.0%
+31.0% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 955 resolved cases

Office Action

§103
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 . 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. 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, 3, 4 are rejected under 35 U.S.C. 103 as being unpatentable over Deneen (Pub. No.: US 2019/0035193A1) and further in view of Preus (Pub. No.: US 2018/0112454A1). With respect to claim 1: Deneen discloses a short-range wireless communication system comprising: an in-machine communication terminal mounted in a machine body (fig. 1, item 20, 50 represents a in machine communication. This items can also be in a single compartment); and a portable communication terminal capable of connecting to the in-machine communication terminal by a short-range wireless communication line (fig. 1, item 40 is a portable communication terminal. The portable terminal 40 can connect to in-machine terminal by a short range 60), wherein the short-range wireless communication system includes a management server connected to the in-machine communication terminal and the portable communication terminal through a communication network (fig. 1, item 60 which is a router shows the connection to cloud 70 which has a server as in parag. 0027), the portable communication terminal transmits a wireless communication turn-on request to the management server in a case connecting to the in-machine communication terminal by the short-range wireless communication line (In fig. 1, item 40 which is a portable terminal communicate with item 70 which is the server to request for a turn ON which is opening of the garage if the need be. The process goes through a server 70 to router 60 and to in-machine terminal which is 20 and 50) and the management server includes a storage section that acquires and stores information on latest laws and regulations, is configured to determine whether a current position of the machine body received from the in-machine communication terminal is included in a region in which short-range wireless communication is permitted, on a basis of the information on the latest laws and regulations stored in the storage section, in a case receiving the wireless communication turn-on request from the portable communication terminal (parag 0009-0014, transmits the wireless communication turn-on request to the in-machine communication terminal in a case determining that the current position is included in a region in which the short-range wireless communication is permitted (parag 0009-0014, and keeps the wireless communication turn-on request from being transmitted to the in-machine communication terminal in a case determining that the current position is not included in a region in which the short-range wireless communication is permitted (In fig. 1, when item 40 which is a portable terminal is out of range from in-machine terminal 20 and 50, i.e. away from router 60 and no access to cloud 70, the turn ON message is being prevented from transmitting to in-machine) . Deneen does not explicitly disclose server to have a storage section even though it stores information in the cloud. Preus discloses a server with a memory as in (fig. 5, parag. 0027). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to utilize the teaching of Preus into the teaching of Deneen in order to detect conditions in environments associated with devices, such as garage door openers, and responding to the conditions through control of components of the devices. With respect to claim 3: Preus discloses the short-range wireless communication system according to claim 1, wherein the short-range wireless communication system includes an in-machine monitor mounted in the machine body, and the in-machine monitor displays an operation menu to be used for manually turning on the short-range wireless communication in a case the in-machine communication terminal has sensed that it is impossible to use the communication network (parag. 0019). With respect to claim 4: Deneen discloses the short-range wireless communication system according to claim 1, wherein the in-machine communication terminal is configured to turn off the short-range wireless communication in a case the machine body has moved by a certain distance after the short-range wireless communication has been turned on or in a case a certain time has elapsed after the short-range wireless communication has been turned on (parag. 0011). Allowable Subject Matter Claims 2, 5, 6 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJIBOLA A AKINYEMI whose telephone number is (571)270-1846. The examiner can normally be reached Monday-Friday 8:00am-5:00pm, EST. 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, YUWEN PAN can be reached at (571)-272-7855. 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. /AJIBOLA A AKINYEMI/Primary Examiner, Art Unit 2649
Read full office action

Prosecution Timeline

Oct 24, 2024
Application Filed
Aug 24, 2026
Non-Final Rejection mailed — §103 (current)

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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
80%
Grant Probability
99%
With Interview (+18.3%)
2y 9m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 955 resolved cases by this examiner. Grant probability derived from career allowance rate.

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