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 .
Claims 1 thru 8 have been examined.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: From Figure 3, reference characters 48al, 48dl, 48ar, 48dr and 107 are not in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because in Figure 2, the control valve 172 is associated with the hydraulic motor 2MR; and the control valve 173 is associated with the hydraulic motor 2ML, but in the specification (page 9 lines 23 thru 2), the control valve 172 is associated with the hydraulic motor 2ML; and the control valve 173 is associated with the hydraulic motor 2MR. Either the specification or Figure 2 should be amended to have matching association between the control valves and the hydraulic motors. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: From page 40 line 17, the reference character NW is not in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: From Figure 6, reference character NT is not in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Page 1 lines 21 and 22 recite, “excavators tend to have a push button start feature”; and lines 23 and 24 recite, “since excavators are not commonly implemented with a push start feature”. These statements contradict one another, either excavators tend to have the feature, or they are not common on excavators.
Appropriate correction is required.
The disclosure is objected to because of the following informalities: Page 16 line 24 recites the acronym/abbreviation “ACC” without reciting the complete wording of the acronym/abbreviation. The complete wording should be recited in order to clearly identify the acronym/abbreviation.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the display device to display in claim 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The display device is interpreted as a screen display D1 (Figures 4A thru 4C)
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 thru 6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites “a method for starting the drive source” in lines 6 and 7, while claim 1 also recites “a method for starting the drive source” in lines 13 and 14. It is unclear if this is a new method for starting the drive source or the same method for starting the drive source. The examiner assumes it is the same method for starting the drive source for continued examination.
Claim 4 recites “a method for starting the drive source” in lines 4 and 5, while claim 1 also recites “a method for starting the drive source” in lines 13 and 14. It is unclear if this is a new method for starting the drive source or the same method for starting the drive source. The examiner assumes it is the same method for starting the drive source for continued examination.
Claim 5 recites the limitation "the predetermined condition" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the predetermined condition" in line . There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
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 thru 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al Patent Application Publication Number 2020/0048867 A1 in view of Yokota et al Patent Application Publication Number 2022/0127820 A1.
Regarding claims 1 and 8 Kimura et al teach the claimed excavator, excavator 1 (Figure 1), and the claimed excavator operation control system, a hydraulic system including a hydraulic pump and an electric control system including a controller (Figure 6), the system comprising:
the claimed excavator, excavator 1 (Figure 1), the excavator comprising:
the claimed lower travel body, lower traveling structure 2 (Figure 1);
the claimed upper slewing body mounted on the lower travel body in a slewable manner, “an upper revolving structure 3 supported on the lower traveling structure 2 to be capable of revolving” (P[0020] and Figure 1);
the claimed attachment attached to the upper slewing body, “An offset front device 5 is provided on the front side of the upper revolving structure 3 to be capable of tilting up and down.” (P[0020] and Figure 1);
the claimed work tool provided at a distal end of the attachment, bucket 5E (Figure 1);
the claimed drive source, engine 10 (Figure 6);
the claimed [starter] configured to start the drive source, “The key switch 30 is operated by using an engine key (not shown) for starting the engine 10.” (P[0051] and Figure 6); and
the claimed control section including a memory and a processor coupled to the memory, “The controller 27 has a storage section (a memory) 28.” (P[0049] and Figure 6), and “The controller 27 is configured by, for example, a microcomputer and the like, and generates control instructions to the engine 10, the block valve 24, the alarming device 34, the display device 35, and the like to execute various kinds of control functions.” P[0046],
the claimed control section issues a notification regarding a method for starting the drive source in response to receipt of a predetermined operation on the [starter], “As shown in FIG. 4, when it is determined that the restart standby time does not elapse by the restart standby time determining section 27A of the controller 27, the display device 35 displays on the screen 35A the effect of waiting for an operation of the restart of the engine 10. In this case, an operation procedure in a case of performing the restart of the engine 10 is displayed on the screen 35A of the display device 35.” (P[0057] and Figure 4), the operation procedure equates to the claimed predetermined operation, and the display 35A on the screen equates to the claimed notification, and “At the next step 10, “restart on standby” is displayed on the screen 35A of the display device 35. FIG. 4 shows an example of the display of “restart on standby”. In this case, by displaying “engine restart on standby” on the upper side of the screen 35A of the display device 35, the effect of waiting for the operation of the restart of the engine 10 is notified. On the screen 35A of the display device 35, the operation procedure necessary for the restart of the engine 10 is displayed by a character display A or by a graphic display B on the lower side of “engine restart on standby”. It should be noted that how many minutes are left as the restart standby time (restart standby time T2 minus elapse time t2 seconds after engine automatic stop) may be displayed on the screen 35A.” (P[0077] and Figure 7) (equates to claimed method).
Kimura et al do not explicitly teach the claimed push button that starts the drive source, push button starters are common and well known in the art. The applicant’s Background section of the specification recites, “excavators tend to have a push button start feature” (page 1 lines 21 and 22). Yokota et al teach, “The hydraulic excavator 1 includes an engine 2, a push start key 3, a battery manipulation panel 5, and a controller 6.” (P[0020] and Figure 1), and “The push start key 3 is a manipulation key for receiving a start manipulation by a worker to start the engine 2, and represents an example of a start manipulation receipt part. When receiving the start manipulation by a worker, the push start key 3 outputs a signal indicating that the start manipulation is received to the controller 6” P[0021]. The push start key equates to the claimed push button. A person having ordinary skill in the art would understand that a vehicle may use a key or a push button to start the engine. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the control processing for restart of the engine of Kimura et al with the key start button for engine start of Yokota et al in order to, with a reasonable expectation of success, enhance the safe operation of the construction machine (Yokota et al P[0167]).
Regarding claim 2 Kimura et al and Yokota et al teach the claimed excavator of claim 1 (see above), Kimura et al further teach, the claimed processor outputs one or more of sound light or character information as the notification, screen 35A displays “Engine restart is performed by raising gate lock lever, confirm safety, and pressing down horn switch” (Figure 4), and “The alarming device 34 is connected to the controller 27, and generates (sounds) alarming sounds by a control signal from the controller 27.” P[0053].
Regarding claim 3 Kimura et al and Yokota et al teach the claimed excavator of claims 1 and 2 (see above), Kimura et al further teach,
the claimed display device, screen 35A (Figures 4 and 5), wherein
the claimed processor causes the display as the notification as character information indicating the method for starting the drive source, on screen 35A, the message A is displayed and reads “Engine restart is performed by raising gate lock lever, confirm safety, and pressing down horn switch” (Figure 4).
Regarding claim 4 Kimura et al and Yokota et al teach the claimed excavator of claim 1 (see above), Kimura et al further teach the claimed processor performs notification regarding the method for starting the drive source after the predetermined operation when a predetermined condition regarding the start of the drive source is satisfied, “At step 13, “restart in preparation” is displayed on the screen 35A of the display device 35. The controller 27 starts the measurement of time t3 corresponding to a preparation time until the engine 10 restarts (restart preparation time T3). That is, the controller 27 switches the display of “restart on standby” displayed on the screen 35A of the display device 35 to the display of “restart in preparation”, and starts the measurement of the time t3 on a condition that the horn switch 14 is pressed down in the restart on standby (in the idling stop state) and the gate lock lever 16 is in the lock position. The controller 27 maintains the measurement of the time t2 in the restart on standby.” (P[0080], and Figures 5 and 7), and “FIG. 5 shows an example of the display of “restart in preparation”. In this case, the effect of waiting for the restart of the engine 10 is notified by displaying “engine restart in preparation” on the upper side of the screen 35A of the display device 35.” P[0081].
Regarding claim 5 Kimura et al and Yokota et al teach the claimed excavator of claims 1 and 3 (see above), Kimura et al further teach,
the claimed predetermined condition is a condition that a gate lock lever in the cab of the excavator is not at a lock position, “At step 5, it is determined whether or not the gate lock lever 16 is in the lock position (the raising position). That is, the controller 27 defines as a condition of an engine start a state where the gate lock lever 16 is put to the lock position (the raising position) to make the operation of the operation lever device 13 ineffective, for suppressing an unintended operation of the small-sized hydraulic excavator 1.” (P[0065] and Figure 7), “In a case where “YES” is determined at step 5, that is, in a case where it is determined that the gate lock lever 16 is in the lock position, the process goes to step 6. On the other hand, in a case where “NO” is determined at step 5, that is, in a case where it is determined that the gate lock lever 16 is in the lock release position (the lowering position), the process returns to step 1.” P[0066], and the gate lock lever is required to be locked to perform engine start or restart (Figure 4, reference character A text).
Regarding claim 6 Kimura et al and Yokota et al teach the claimed excavator of claim 1 (see above), Kimura et al further teach the claimed notification corresponds to a predetermined condition that is satisfied at a time of receiving the predetermined operation and indicates a guidance of operation performed by an operator of the excavator to start the drive source, on screen 35A, the message A is displayed and reads “Engine restart is performed by raising gate lock lever, confirm safety, and pressing down horn switch” and provides pictures of the gate lock lever and horn switch to be performed for the engine restart (Figure 4).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al Patent Application Publication Number 2020/0048867 A1 and Yokota et al Patent Application Publication Number 2022/0127820 A1 as applied to claim 1 above, and further in view of Nomura et al Patent Application Publication Number 2017/0058489 A1.
Regarding claim 7 Kimura et al and Yokota et al teach the claimed excavator of claim 1 (see above), Kimura et al and Yokota et al do not teach the claimed wireless communication device that is capable of communicating with a portable communication device of an operator, and the claimed push button starts the drive source when pressed while the wireless communication device is detecting the portable communication device. Nomura et al teach,
the claimed wireless communication device that is capable of communicating with a portable communication device of an operator, “the portable key 38 receives the request signal (authentication request signal) transmitted from the LF transmission antenna 39 by the receiver when it enters into a transmission range (LF band) of the LF transmission antenna 39 connected to the keyless controller 41” (P[0058] and Figure 4), and “the LF transmission antenna 39 as the transmission antenna, the RF reception antenna 40 as the reception antenna, and the keyless controller 41 are provided in the upper revolving structure 4 on the vehicle side (in the cab 8, for example). The LF transmission antenna 39 is connected to the keyless controller 41 and normally transmits (issues) the request signal that the ID code (authentication signal) is transmitted to the portable key 38 at a predetermined control cycle (0.5-second cycle, for example). The RF reception antenna 40 is connected to the keyless controller 41 to receive the ID code transmitted from the portable key 38. As shown in FIG. 4, in the embodiment, the transmission range (LF band) of the LF transmission antenna 39 is smaller than a reception range (RF band) of the RF reception antenna 40.” P[0059], the portable key equates to the claimed portable communication device of an operator, and the LF and RF antennas equate to the claimed wireless communication device; and
the claimed push button starts the drive source when pressed while the wireless communication device is detecting the portable communication device, “the keyless controller 41 outputs valid authentication or unauthentication, for example, as an authentication result to the vehicle controller 36 (through the communication line 33, for example). The valid authentication is the fact that the portable key 38 transmitting the valid ID code is present in the transmission range (the LF band in FIG. 4) of the LF transmission antenna 39 (that the portable key 38 is within the authenticable range).” P[0062], “The vehicle controller 36 switches ON/OFF of the AC relay 26 and ON/OFF of the C relay 22 on the basis of the authentication result of the keyless controller 41 (whether or not the portable key 38 is within the authenticable range), whether or not the power switch 12 has been operated, whether or not the operator is seated on the operator's seat by the sit-down sensor 9A, which position of the gate lock lever 13 by the gate lock switch 13A it is (whether it is the lock position or the unlock position) and the like.” P[0064], and “the vehicle controller 36 switches the “engine stop/conduction OFF” state to the “engine driven/conduction ON” state when the portable key 38 is within the authenticable range (LF band), the gate lock lever 13 is at the lock position (raised position), and the power switch 12 is operated” P[0068].
The authentication of the portable key of Nomura et al would be used by the system of Kimura et al as a further verification to start or restart the excavator (along with the gate lock lever being locked). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the control processing for restart of the engine of Kimura et al and the key start button for engine start of Yokota et al with the portable key within range for the power switch to be operated of Nomura et al in order to, with a reasonable expectation of success, suppress an operation by a person other than those who are authorized to operate the construction machine (Nomura et al P[0008]).
Related Art
The examiner points to Otani et al PGPub 2022/0186465 A1 as related art, but not relied upon for any rejection. Otani et al is directed to remote operation of a working machine (P[0041] thru P[0043]) with the exchange of start instructions (Figure 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALE W HILGENDORF whose telephone number is (571)272-9635. The examiner can normally be reached Monday - Friday 9-5:30.
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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.
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/DALE W HILGENDORF/Primary Examiner, Art Unit 3662
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