Prosecution Insights
Last updated: April 19, 2026
Application No. 18/876,286

WORK MACHINE AND CONTROL METHOD FOR WORK MACHINE

Non-Final OA §103
Filed
Dec 18, 2024
Examiner
NGUYEN, NGA X
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Komatsu Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
84%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
609 granted / 784 resolved
+25.7% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
37 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
11.5%
-28.5% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 784 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 . The current application relates to PCT/JP2023/034515, a foreign application priority data filed on Sept. 28, 2022. 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. Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kishimoto (20160160470) in view of Sakai (JP2016074326) With regard to claim 1, Kishimoto discloses a work machine comprising: a traveling unit; a work implement mounted to the traveling unit; a parking brake; and a controller (a work vehicle 1 comprises a frame 2, a working implement 3, traveling wheels 4 and 5, a driving cab 6, and etc., see [0035]+, an engine 21, a controller 27, and etc., see [0039]+). The operations of the controller 27 as shown in Fig.5A that an anomaly detected in step s20, activate emergency travelling mode in step S50, see [0084]-[0086]+ that is equivalent to “when the controller detects a fault that allows the work machine to remain operable”. The controller 27 carries out control the engine rotation speed does not exceed a predetermined upper limit value Nlmt3, or at step s60 if the emergency travelling possible. Kishimoto is silent that the controller restricts operation of the work implement in a state in which where the parking brake is released when detecting a fault signal. Sakai disclose a work vehicle as shown in Fig.1. The work vehicle includes a control unit 140, a braking system, and etc. When the parking brake 36 is in the released state, the control unit 140 notifies the operator of an error based on the piston rod 114 does not enter the unlocked position after a predetermined time elapsed, the mechanism control process is terminated, holds member 61, swing arm 56, and etc. (see page 11). Wherein, the member 61 & the swing arm 56 are equivalent as the work vehicle’s implements. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Kishimoto by including to control of holding work vehicle’s implements operation in which the parking brake being released state as taught by Sakai. The combination of Kishimoto and Sakai in an adapted work vehicle’s system for improving performance efficiency and safety. With regard to claim 2, Sakai teaches that the work machine according to claim 1, wherein when the controller detects the fault, in a state in which where the parking brake is applied, the controller allows a release of restriction on operation of the work implement (the control unit determines whether or not the transmission shift position is parking, opens the valve for the work implements operation, see page 10-11). With regard to claim 3, Sakai teaches that the work machine according to claim 1, further comprising: a restriction-operating section configured to be operated by an operator, the restriction-operating section being configured to output a signal in order to restrict or release restriction on operation of the work implement to the controller, when the controller detects the fault, in the state in which where the parking brake is released, the controller transitioning to a state to restrict the operation of the work implement upon receipt of a signal to restrict the operation of the work implement from the restriction-operating section (the work vehicle includes an upper working body 30 which has a cabin 35. Wherein the cabin 35 comprises an operation unit which has a steering, a shift lever, a brake pedal, and etc., see page 3). With regard to claim 4, Sakai teaches that the work machine according to claim 1, further comprising: a restriction-operating section configured to be operated by an operator, the restriction-operating section being configured to output a signal in order to restrict or release restriction on operation of the work implement to the controller (the cabin 35 comprises an operation unit which has a steering, a shift lever, a brake pedal, and etc., see page 3), when the controller detects the fault, in the state in which where the parking brake is released, the controller not releasing the restriction on the operation of the work implement even after receiving a signal to release the restriction on the operation of the work implement from the restriction-operating section (when the parking brake 36 is in the released state, the posture of the piston rod does not change to the unlocked posture. Therefore, the control unit notifies the operator of an error, see page 11). With regard to claim 5, Sakai teaches that the work machine according to claim 2, further comprising: a restriction-operating section configured to be operated by an operator, the restriction-operating section being configured to output a signal in order to restrict or release the restriction on the operation of the work implement to the controller Wherein the cabin 35 comprises an operation unit which has a steering, a shift lever, a brake pedal, and etc., see page 3), when the controller detects the fault, in a state in which the parking brake is applied and that allows the release of the restriction on the operation of the work implement, the controller releasing releases the restriction on the operation of the work implement, upon receipt of a signal to release the restriction on the operation of the work implement from the restriction-operating section(the control unit determines whether or not the transmission shift position is parking, opens the valve for the work implements operation, see page 10-11). With regard to claim 6, Sakai teaches that the work machine according to claim 1, further comprising: a hydraulic actuator configured to drive the work implement (the hydraulic system steers the wheels, the engine and the upper working body, see page 2); and a restricting valve configured to stop a supply of hydraulic oil to the hydraulic actuator (the controller puts the valves into a shut-off state, see page 11), when the controller detects the fault, in the state in which the parking brake is released, the controller controlling the restricting valve to stop the supply of hydraulic oil to the hydraulic actuator so as to restrict the operation of the work implement (when the parking brake 36 is in the released state, the posture of the piston rod does not change to the unlocked posture. Therefore, the control unit notifies the operator of an error, see page 11). With regard to claim 7, Sakai teaches that the work machine according to claim 2 further comprising: a hydraulic actuator configured to drive the work implement (The upper working body 30 has a boom device supported by a swivel base 31 are driven by a hydraulic motor, see page 3); a restricting valve configured to stop a supply of hydraulic oil to the hydraulic actuator (valves 125, 126 being in a shut-off state that blocks air flow into and out of the chamber, see page 9); and a restriction-operating section configured to be operated by an operator, the restriction-operating section being configured to restrict or release the restriction on the operation of the work implement the cabin 35 comprises an operation unit which has a steering, a shift lever, a brake pedal, and etc. are controlled by an operator see page 3), when the controller detects the fault, in the state in which the parking brake is released, the controller controlling the restricting valve to stop the supply of hydraulic oil to the hydraulic actuator, so as to restrict the operation of the work implement (when the parking brake 36 is in the released state, the posture of the piston rod does not change to the unlocked posture. Therefore, the control unit notifies the operator of an error, see page 11), and in the state in which the parking brake is applied, the controller releasing a stop on the supply of hydraulic oil to the hydraulic actuator by the restricting valve, upon receipt of a signal for releasing the restriction on the operation of the work implement from the restriction- operating section (the control unit determines whether or not the transmission shift position is parking, opens the valve for the work implements operation, see page 10-11). With regard to claim 8, Kishimoto teaches that the work machine according to claim 6, further comprising: a work-implement valve configured to adjust the supply of hydraulic oil to the hydraulic actuator based on a pilot hydraulic pressure (valves adjust the tilt angle in the working implements pumps so that the pressure differential before and after the working implements, see [0043]+); and a pilot valve configured to adjust a supply of hydraulic oil for the pilot hydraulic pressure to the work-implement valve (the boom swings up and down by the lift cylinder expanding and contracting due to hydraulic oil from the working implement pump 23, wherein the pump 23, see [0036]+. The working implement pump pressure detecting the discharge pressure of hydraulic oil from the working implement pump, see [0042]+)), the restricting valve stopping the supply of hydraulic oil to the hydraulic actuator by stopping the supply of hydraulic oil for the pilot hydraulic pressure to the work- implement valve (each of the clutch control valve VP and VR controlled using command signals from the controller 27 which controls the clutch being on (engaged) or off (disengaging) of oil, see [0019]+ & [0064]+). With regard to claim 9, Kishimoto discloses a control method for a work machine including a traveling unit and a work implement mounted to the traveling unit, the control method comprising: a fault detection step of detecting a fault that allows the work machine to remain operable (operations of the controller 27 as shown in Fig.5A that an anomaly detected in step s20, activate emergency travelling mode in step S50, see [0084]-[0086]+); then the controller 27 carries out control the engine rotation speed does not exceed a predetermined upper limit value Nlmt3, or at step s60 if the emergency travelling possible. Kishimoto is unclear that the controller restricts operation of the work implement in a state in which where the parking brake is released when detecting a fault signal. Sakai disclose a work vehicle as shown in Fig.1. The work vehicle includes a control unit 140, a braking system, and etc. When the parking brake 36 is in the released state, the control unit 140 notifies the operator of an error based on the piston rod 114 does not enter the unlocked position after a predetermined time elapsed, the mechanism control process is terminated, holds member 61, swing arm 56, and etc. (see page 11). Wherein, the member 61 & the swing arm 56 are equivalent as the work vehicle’s implements. It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Kishimoto by including to control of holding work vehicle’s implements operation in which the parking brake being released state as taught by Sakai. The combination of Kishimoto and Sakai in an adapted work vehicle’s system for improving performance efficiency and safety. Prior Arts Cited The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Sizemore (20220196043) discloses a tractor hydraulic system includes a controller determines a connection fault, adjusts internal operation of the hydraulic manifold to fluidly couple the pump with the hydraulic actuator, see the summary section. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGA X NGUYEN whose telephone number is (571)272-5217. The examiner can normally be reached M-F 5:30AM - 2:30PM. 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, JELANI SMITH can be reached at 571-270-3969. 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. NGA X. NGUYEN Examiner Art Unit 3662 /NGA X NGUYEN/Primary Examiner, Art Unit 3662
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Prosecution Timeline

Dec 18, 2024
Application Filed
Feb 18, 2026
Non-Final Rejection — §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
78%
Grant Probability
84%
With Interview (+6.5%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 784 resolved cases by this examiner. Grant probability derived from career allow rate.

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