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 .
Amended claims 1 thru 15 have been entered into the record.
Response to Amendment
The amendments to the Figure 3 and the specification overcome the drawing objections from the previous office action (6/3/2026). The drawing objections are withdrawn.
The amendments the specification overcome the specification objections from the previous office action (6/3/2026). The drawing objections are withdrawn.
The amendments to claim 3 cause the interpretation under 35 U.S.C. 112(f) to no longer be invoked from the previous office action (6/3/2026). There are no interpretation under 35 U.S.C. 112(f) in the current claims.
The amendments to the claims overcome the 35 U.S.C. 112(b) rejections from the previous office action (6/3/2026). The 35 U.S.C. 112(b) rejections are withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 thru 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim 14 is 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 14 recites the limitation "the shovel" in line 2. 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 12, 14 and 15 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 Itou et al Patent Application Publication Number 2025/0188707 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 processor 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 amended Background section of the specification recites, “an increasing number of excavators are adopting the push button start feature” (page 1 lines 20 and 22). Itou et al teach, “a message indicating that the starting of the engine 20 can be approved by operating a starting permission button 51f is displayed in the approval request message region 51c” (P[0133] and Figure 9), and “The starting permission button 51f is an operation button for permitting the starting of the engine 20. When touch operation of the starting permission button 51f is executed by the operator, the terminal controller 160 generates the approval command to the starting approval request and transmits the generated approval command to the work machine 1 through the communication device 66.” P[0135]. The starting permission button 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.
Additionally, Kimura et al do not teach the claimed predetermined operation on the push button failing to start the driver source. Itou et al teach, “In the step S50, the terminal controller 160 determines whether the starting success signal has been received or a starting failure signal has been received. When it is determined that the starting success signal has been received in the step S50, the processing proceeds to a step S55. When it is determined that the starting success signal has not been received and the starting failure signal has been received in the step S50, the processing proceeds to a step S60.” (P[0128] and Figure 8), and “In the step S60, the terminal controller 160 causes the display screen of the touch panel 51 to display an image of a message, icon, or the like representing that the starting of the engine 20 has failed, and thereafter returns the display screen of the touch panel 51 to the initial screen having the warm-up switch 51a.” (P[0129] and Figure 8). The indication of the failure of the engine to start of Itou et al would be included in Kimura et al as a verification for performing the engine restart (whether or not there is a failure condition).
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 starting permission button for engine start and message of engine start failure of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Regarding claim 2 Kimura et al and Itou 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 Itou et al teach the claimed excavator of claims 1 and 2 (see above), Kimura et al further teach,
the claimed display, 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 Itou 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 Itou 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 Itou 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).
Regarding claim 7 Kimura et al and Itou et al teach the claimed excavator of claim 1 (see above), Kimura 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.
Itou et al teach,
the claimed wireless communication device that is capable of communicating with a portable communication device of an operator, “The portable terminal 5 includes a touch panel 51 that is a display device doubling as an input device, a communication device 66 for executing wireless communication with the work machine 1, a terminal controller 160 that controls the respective sections of the portable terminal 5, and a microphone 52 as a sound collecting device that collects voice of the operator.” (P[0039] and Figure 1), and “the remote operation system 90 includes a controller 100 that controls the work machine 1 and the portable terminal 5 that gives and receives information with the controller 100 by wireless communication” (P[0052] and Figure 3); and
the claimed push button starts the drive source when pressed while the wireless communication device is detecting the portable communication device, “remote starting control executed by the terminal controller 160” P[0124], “In the step S50, the terminal controller 160 determines whether the starting success signal has been received or a starting failure signal has been received. When it is determined that the starting success signal has been received in the step S50, the processing proceeds to a step S55.” (P[0128] and Figure 8), and “In the step S55, the terminal controller 160 causes the display screen of the touch panel 51 to display an image of a message, icon, or the like representing that the starting of the engine 20 has succeeded, and thereafter returns the display screen of the touch panel 51 to the initial screen having the warm-up switch 51a.” (P[0129] and Figure 8).
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 remote control for starting permission button for engine starting of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Regarding claim 9 Kimura et al and Itou et al teach the claimed excavator of claim 1 (see above), Kimura et al do not teach the claimed push button starts the drive source in response to being pressed under a condition that enables the predetermined operations on the push button. Itou et al teach, “In the operation region 51e, the starting permission button 51f, the starting cancelation button 51g, the voice output button 51h, and a display change button 51i are displayed. The starting permission button 51f is an operation button for permitting the starting of the engine 20. When touch operation of the starting permission button 51f is executed by the operator, the terminal controller 160 generates the approval command to the starting approval request and transmits the generated approval command to the work machine 1 through the communication device 66.” (P[0135] and Figure 9), and “The portable terminal 5 transmits the approval command to the work machine 1 when approval operation to the starting approval request of the engine 20, that is, touch operation to the starting permission button 51f, is executed by the operator. The controller 100 starts the engine 20 when acquiring the approval command to the starting approval request of the engine 20 from the portable terminal 5 through the communication device 65.” (P[0179] and Figure 9). 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 remote control for starting permission button for engine starting of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Regarding claim 10 Kimura et al and Itou et al teach the claimed excavator of claim 1 (see above), Kimura et al teach the claimed display, screen 35A (Figures 4 and 5).
Kimura et al do not teach the claimed processor issues the notification with an activation screen that is displayed when the display is activated being displayed on the display. Itou et al teach, “FIG. 9 is a diagram illustrating one example of the warning screen displayed on the touch panel 51. The warning screen has a warning message region 51b, an approval request message region 51c, a video display region 51d, and an operation region 51e.” (P[0131] and Figure 9), “In the approval request message region 51c, a message representing the starting approval request included in the warning information, that is, a message for requesting the operator to approve the starting of the engine 20, is displayed. For example, as illustrated in the diagram, a message indicating that the starting of the engine 20 can be approved by operating a starting permission button 51f is displayed in the approval request message region 51c. Moreover, a message indicating that the starting of the engine 20 can be canceled by operating a starting cancelation button 51g is displayed in the approval request message region 51c.” (P[0133] and Figure 9), “In the step S10, when the on-operation time ttc becomes equal to or longer than a threshold ttc0, the terminal controller 160 determines that long-press operation of the warm-up switch 51a has been executed, and proceeds to a step S15.” (P[0126] and Figure 8), and “In the step S15, the terminal controller 160 determines whether or not the warning information has been received. When it is determined that the warning information has been received in the step S15, the processing proceeds to a step S20. When it is determined that the warning information has not been received, the processing proceeds to a step S50.” (P[0127] and Figure 8). 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 warning screen displayed on the touch panel for engine starting of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Regarding claim 11 Kimura et al and Itou et al teach the claimed excavator of claim 1 (see above), Kimura et al teach the claimed display, screen 35A (Figures 4 and 5).
Kimura et al do not teach the claimed processor issues the notification with a screen that displays an operation method for starting the drive source with the push button being displayed on the display. Itou et al teach, “FIG. 9 is a diagram illustrating one example of the warning screen displayed on the touch panel 51. The warning screen has a warning message region 51b, an approval request message region 51c, a video display region 51d, and an operation region 51e.” (P[0131] and Figure 9), and “In the approval request message region 51c, a message representing the starting approval request included in the warning information, that is, a message for requesting the operator to approve the starting of the engine 20, is displayed. For example, as illustrated in the diagram, a message indicating that the starting of the engine 20 can be approved by operating a starting permission button 51f is displayed in the approval request message region 51c. Moreover, a message indicating that the starting of the engine 20 can be canceled by operating a starting cancelation button 51g is displayed in the approval request message region 51c.” (P[0133] and Figure 9). 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 warning screen displayed on the touch panel for engine starting instructions of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Regarding claim 12 Kimura et al and Itou et al teach the claimed excavator of claims 1 and 11 (see above), Kimura et al do not teach the claimed screen is an activation screen that is displayed when the display is activated. Itou et al teach, “In the step S10, when the on-operation time ttc becomes equal to or longer than a threshold ttc0, the terminal controller 160 determines that long-press operation of the warm-up switch 51a has been executed, and proceeds to a step S15.” (P[0126] and Figure 8), and “In the step S15, the terminal controller 160 determines whether or not the warning information has been received. When it is determined that the warning information has been received in the step S15, the processing proceeds to a step S20. When it is determined that the warning information has not been received, the processing proceeds to a step S50.” (P[0127] and Figure 8). 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 warning screen displayed on the touch panel for engine starting of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Regarding claim 14 Kimura et al and Itou et al teach the claimed excavator of claims 1 and 11 (see above), Kimura et al do not teach the claimed screen displays an image indicating an operation method for activating a system of the shovel together with the operation method for starting the drive source with the push button. Itou et al teach, “In the warning message region 51b, a message for notifying the operator that an object is detected around the machine body 4 and prompting the operator to check video shot by the cameras 36 to 39 is displayed.” (P[0132] and Figure 9) (claimed image indicating an operation method for activating a system of the shovel), and “In the approval request message region 51c, a message representing the starting approval request included in the warning information, that is, a message for requesting the operator to approve the starting of the engine 20, is displayed.” (P[0133] and Figure 9) (claimed operation method for starting the drive source with the push button).
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(Itou et al Figure 9)
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 warning screen displayed on the touch panel for engine starting of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Regarding claim 15 Kimura et al and Itou et al teach the claimed excavator of claims 1 (see above), Kimura et al do not teach the claimed notification regarding the method for starting the drive source is a notification regarding a method for enabling the predetermined operation on the push button. Itou et al teach, “The starting permission button 51f is an operation button for permitting the starting of the engine 20. When touch operation of the starting permission button 51f is executed by the operator, the terminal controller 160 generates the approval command to the starting approval request and transmits the generated approval command to the work machine 1 through the communication device 66.” (P[0135] and Figure 9). 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 warning screen displayed on the touch panel for engine starting of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura et al Patent Application Publication Number 2020/0048867 A1 and Itou et al Patent Application Publication Number 2025/0188707 A1 as applied to claims 1 and 11 above, and further in view of Burr et al German Patent Document Number DE 11 2013 001 305 T5 (translation cited in rejection).
Regarding claim 13 Kimura et al and Itou et al teach the claimed excavator of claims 1 and 11 (see above), Kimura et al do not teach the claimed screen includes an image showing the push button, an image showing a finger of an operator, an icon giving the operator an image of the drive source, and an image giving the operator an image of the finger of the operator pressing the push button. Itou et al teach the claimed screen includes an icon giving the operator an image of the drive source, video display region 51d includes an image of the work machine (Figure 9), and the work machine includes an engine 20 (Figure 1). 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 display of an image of the work machine of Itou et al in order to, with a reasonable expectation of success, improve work efficiency (Itou et al P[0183]).
Itou et al do not teach the claimed screen includes an image showing the push button, an image showing a finger of an operator, and an image giving the operator an image of the finger of the operator pressing the push button. Burr et al teach, a display of a finger pressing a button of a device to demonstrate the proper instructions for operation (Figure 17). The image 1710 includes a finger pressing a button (each of the claimed elements are included). This instruction would be applied to the instructions of Itou et al as further explanation for starting the engine of the work machine.
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(Burr et al Figure 17)
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 display of an image of the work machine of Itou et al with the display of a finger operating a button of Burr et al in order to, with a reasonable expectation of success, improve system response (Burr et al translation page 13 paragraph 3).
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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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