Prosecution Insights
Last updated: August 16, 2026
Application No. 19/150,930

WORK MACHINE

Non-Final OA §103
Filed
Jul 25, 2025
Priority
Feb 09, 2023 — JP 2023-018530 +1 more
Examiner
NGUYEN, DUSTIN T
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Komatsu Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
347 granted / 478 resolved
+2.6% vs TC avg
Strong +17% interview lift
Without
With
+17.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
38 currently pending
Career history
518
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
41.9%
+1.9% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
33.6%
-6.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 478 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/12/2026 has been considered by the examiner. 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 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lei (CN105421509) view of Katsuharu (JP2008095788). Lei discloses: [Claim 1] A work machine comprising: a boom (boom coupled to boom cylinder 1); a boom cylinder (1) including a bottom chamber (1b) and a head chamber (1a); a boom pump (11) including a suction port and a discharge port; a hydraulic oil tank (reservoir downstream valve 13, see Fig. 2); a boom operation valve (4) including a pump port (P) connected to the discharge port via a pump line, a bottom port (A) connected to the bottom chamber via a bottom line, a head port (B) connected to the head chamber via a head line, a tank port (T) connected to the hydraulic oil tank via a tank line, and a regenerative port (D) connected to the suction port via a regenerative line (14); an accumulator (16) connected to the regenerative line via an accumulator line; a controller (7a, 7b) that controls the boom operation valve so that hydraulic oil emitted from the bottom chamber is distributed to the suction port in a lowering operation of the boom (when valve 4 is controlled to be energy recovery position, chamber 1b is connected to line 14 which is connected to the suction port of pump 11 and an accumulator 16). Lei does not disclose an accumulator switching valve that adjusts a flow rate of hydraulic oil in the accumulator line. However, Katsuharu discloses a work machine including energy recovery from lowering of a boom similar to Lei and the present application and therefore constitutes analogous art. Katsuharu discloses a work machine comprising: a boom (see Fig. 1); a boom cylinder (8) including a bottom chamber (8a) and a head chamber (8b); a boom pump (9) including a suction port and a discharge port; a hydraulic oil tank (10); a boom operation valve (11) including a pump port connected to the discharge port via a pump line (see annotated Katsuharu Fig. 2'), a bottom port connected to the bottom chamber via a bottom line (see annotated Katsuharu Fig. 2'), a head port connected to the head chamber via a head line (see annotated Katsuharu Fig. 2'), a tank port connected to the hydraulic oil tank via a tank line (see annotated Katsuharu Fig. 2'), and a regenerative port connected to the suction port (see annotated Katsuharu Fig. 2') via a regenerative line (12); an accumulator (17) connected to the regenerative line via an accumulator line (18); an accumulator switching valve (19) that adjusts a flow rate of hydraulic oil in the accumulator line; and a controller (20) that controls the boom operation valve and the accumulator switching valve so that hydraulic oil emitted from the bottom chamber is distributed to each of the suction port and the accumulator in a lowering operation of the boom (paragraph [0012] discloses that controller 20 controls valve 19 which controls the inflow and outflow of fluid to the accumulator 17; paragraph [0015] discloses distributing fluid to both the accumulator 17 via valve 19 and the regenerative motor 13 which then flows to the reservoir 11 and then to suction port 9; therefore the bottom chamber fluid is distributed to both the accumulator and the suction port of the pump). Katsuharu teaches that accumulator switching valve 19 facilitates energy recovery during lowering of the boom by selectively controlling the flow into and out of the accumulator (paragraph [0014] recites “a control signal is output to the electromagnetic proportional switching valve 19B to control the input / output flow rate to the accumulator 17.”; Paragraph [0018] recites “As a result, when the lowering speed of the boom 5 is fast and the discharge flow rate from the head-side oil chamber 8a is large, a part of the discharge flow rate is accumulated in the accumulator 17 disposed on the upstream side of the regeneration hydraulic motor 13”). One of ordinary skill in the art would recognize that the valve 19 allows the fluid energy stored in the accumulator 17 to be selectively utilized as needed which is suitable for the system of Lei that aims to use the stored energy at the right time as indicated in the discussion of its embodiment 2 paragraph. Since the ability to store energy in the accumulator during lowering of a boom for selective usage is beneficial, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the system of Lei to have used an accumulator switching valve that adjusts a flow rate of hydraulic oil in the accumulator line, including its associated control configured so that hydraulic oil emitted from the bottom chamber is distributed to each of the suction port and the accumulator in a lowering operation of the boom as taught by Katsuharu. When implementing the accumulator switching valve of Katsuharu into the system of Lei, the accumulator switching valve would cause some boom cylinder return fluid to flow into the accumulator and some boom cylinder return fluid to flow into the suction port of the pump. PNG media_image1.png 882 850 media_image1.png Greyscale Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lei in view of Katsuharu as applied to claim 1 above, and further in view of Stephenson et al. (US 7905088), hereinafter ‘Stephenson’. Regarding claim 2, the combination of Lei in view of Katsuharu renders obvious the work machine according to claim 1, but does not explicitly disclose wherein the controller controls the boom operation valve and the accumulator switching valve so that hydraulic oil discharged from the discharge port is supplied to the bottom chamber and hydraulic oil is supplied from the accumulator to the suction port in a raising operation of the boom. However, Stephenson discloses a hydraulic system including boom energy recovery similar to Lei and the present application and therefore constitutes analogous art. Stephenson discloses boom cylinders (16, 17) recovering energy during a boom lowering operation by directing fluid from the boom bottom chamber (34, 38) into accumulator (60) via valve (62), and selectively using the stored energy in the accumulator (60) by directing the stored fluid to the suction port of the boom pump (22) through valve (68). Stephenson (Col 6 lines 44-54) states that routing stored pressurized fluid from the accumulator to the inlet of the pump (22) is particularly useful when the inlet of the pump has a high pressure inlet capability and allows energy recovery to unload the toque on the engine that drives the pump (22) so that the engine only needs an amount of torque that fulfills the pressure difference between the accumulator(60) and the load pressure on the cylinder assemblies. One of ordinary skill in the art would recognize that a high load operation would be a lifting operation of the boom cylinder in which the pump supplies fluid to the bottom chamber of the boom hydraulic cylinders. Since Lei already discloses using the stored energy in the accumulator “when the system needs it”, and since Stephenson discloses that boom raising operations are known to supplemental energy from accumulators to assist a pump in a raising operation, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the system of Lei in view of Katsuharu to have the controller controls the boom operation valve and the accumulator switching valve so that hydraulic oil discharged from the discharge port is supplied to the bottom chamber and hydraulic oil is supplied from the accumulator to the suction port in a raising operation of the boom as rendered obvious by Stephenson. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lei in view of Katsuharu as applied to claim 1 above, and further in view of Matsuzaki et al. (US 10604916), hereinafter ‘Matsuzaki’. Regarding claim 3, the combination of Lei and Katsuharu renders obvious the work machine according to claim 1 and further renders obvious a main actuator (Lei, 2 or 3), but does not disclose a main hydraulic pump that is connected to the boom pump and discharges hydraulic oil for actuating the main hydraulic actuator, wherein in a lowering operation of the boom, a rotational energy of the boom pump is transmitted to the main hydraulic pump. However, Matsuzaki discloses a hydraulic system including boom hydraulic cylinder energy recovery similar to Lei and the present application and therefore constitutes analogous art. Matsuzaki discloses a main hydraulic actuator (8 or 9); and a main hydraulic pump (14L) that is connected to the boom pump and discharges hydraulic oil for actuating the main hydraulic actuator, wherein in a lowering operation of the boom, a rotational energy of the boom pump is transmitted to the main hydraulic pump (Fig. 14, return fluid from boom cylinder 7 is directed to pump/motor 14A which converts the fluid energy to rotational energy that is transmitted to main pump 14L which supplies fluid to main actuator 8, Col. 26 lines 61-67, Col. 27 lines 1-4). Matsuzaki teaches that this energy reutilization technique allows for the load on the engine to be reduced and thus also reduces an amount of fuel injection. Since reduced engine load and fuel usage is beneficial, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have further modified the system of Lei in view of Katsuharu to have used an additional pump to drive hydraulic actuators other than the boom cylinder, such that a main hydraulic actuator; and a main hydraulic pump that is connected to the boom pump and discharges hydraulic oil for actuating the main hydraulic actuator, wherein in a lowering operation of the boom, a rotational energy of the boom pump is transmitted to the main hydraulic pump as taught by Matsuzaki. Since Lei already discloses a boom pump that uses energy recovered from a lowering operation of its boom cylinder, when implementing the teachings of Matsuzaki, the boom pump (Lei 11) of Lei would be driven by the return fluid from the boom cylinder (Lei 1) and would transmit rotational energy to additional implemented pumps that drive the other actuators (Lei, actuators 2 and 3) which would result in the disclosed benefit of reduced engine load and reduced fuel usage. Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Katsuharu (JP2008095788) in view of Kondo (US 2018/0291935). Katsuharu discloses: [Claim 1] A work machine comprising: a boom (see Fig. 1); a boom cylinder (8) including a bottom chamber (8a) and a head chamber (8b); a boom pump (9) including a suction port and a discharge port; a hydraulic oil tank (10); a boom operation valve (11) including a pump port connected to the discharge port via a pump line (see annotated Katsuharu Fig. 2'), a bottom port connected to the bottom chamber via a bottom line (see annotated Katsuharu Fig. 2'), a head port connected to the head chamber via a head line (see annotated Katsuharu Fig. 2'), a tank port connected to the hydraulic oil tank via a tank line (see annotated Katsuharu Fig. 2'), and a regenerative port connected to the suction port (see annotated Katsuharu Fig. 2') via a regenerative line (12); an accumulator (17) connected to the regenerative line via an accumulator line (18); an accumulator switching valve (19) that adjusts a flow rate of hydraulic oil in the accumulator line; and a controller (20) that controls the boom operation valve and the accumulator switching valve so that hydraulic oil emitted from the bottom chamber is distributed to each of the suction port and the accumulator in a lowering operation of the boom (paragraph [0012] discloses that controller 20 controls valve 19 which controls the inflow and outflow of fluid to the accumulator 17; paragraph [0015] discloses distributing fluid to both the accumulator 17 via valve 19 and the regenerative motor 13 which then flows to the reservoir 11 and then to suction port 9; therefore the bottom chamber fluid is distributed to both the accumulator and the suction port of the pump). PNG media_image2.png 1185 1039 media_image2.png Greyscale Katsuharu does not explicitly state that the controller 20 controls the boom control valve 11. However, Kondo discloses a work machine similar to Katsuharu and the present application and therefore constitutes analogous art. Kondo discloses a work machine including a controller that controls the boom control valve in accordance with signals from a boom operation lever (paragraph [0058-0063]). Kondo further discloses a work machine comprising: a boom (see Fig. 2); a boom cylinder (11) including a bottom chamber and a head chamber; a boom pump (14) including a suction port and a discharge port; a hydraulic oil tank (21); a boom operation valve (3) including a pump port connected to the discharge port via a pump line, a bottom port connected to the bottom chamber via a bottom line (11a), a head port connected to the head chamber via a head line (11b), a regenerative port connected to the suction port via a regenerative line (51); a controller (7) that controls the boom operation valve (11) so that hydraulic oil emitted from the bottom chamber is distributed to each of the suction port (paragraph [0058]-[0063] discloses a controller receiving signals from boom operation lever 45 and controlling the boom control valve 3 accordingly). It is obvious to combine prior art elements according to known methods to yield predictable results. See MPEP 2143(A). The MPEP states the prior art must: (1) teach each claimed element (a method or apparatus that will be modified), (2) show that one of ordinary skill in the art could have combined the elements by known methods and that the combination doesn’t change the function of the elements, and (3) show that one of ordinary skill would have recognized that applying the known technique to the base device would yield predictable results. See MPEP 2143(A). In this case, Katsuharu teaches all elements except a controller that controls the boom operation valve. Kondo teaches a controller that controls the boom operation valve, which has the function of controlling the boom operation valve in accordance with the boom operation lever signals. When combined into Katsuharu by using the existing controller 20 to control the boom operation valve, it maintains its function of controlling the boom operation valve in accordance with the boom operation lever signals. One of ordinary skill would expect predictable results because both references pertain to boom operation valve control that function in the same manner in the environment of work vehicles including hydraulic boom systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Katsuharu in view of Kondo because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. Allowable Subject Matter Claims 3 and 5 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. The following is a statement of reasons for the indication of allowable subject matter: The prior art does not appear to disclose the limitations of claims 3 or 5 in combination with their base claim limitations. Claim 3 requires considering a cross-sectional area ratio between the bottom chamber and the head chamber in a distribution ratio. While prior art reference Katsuharu discloses a distribution ratio between fluid flow to the accumulator and a hydraulic recovery motor (fluid reaches the suction port through the regenerative motor and reservoir), the cross-sectional area ratio of the boom cylinder is not considered. Claim 5 requires the controller to control a swash plate angle of the boom pump and an opening area of the accumulator switching valve so that a ratio between a rotation speed of the boom pump and an expansion/contraction speed of the boom cylinder becomes constant based on an engine rotation speed indicating a rotation speed of the engine and a lever angle indicating an operation angle of the operation lever in a lowering operation of the boom. While swash plate angle control and valve opening of the accumulator switching valve is known in the prior art, the specified control to achieve a constant speed of the boom cylinder based on an engine rotation speed and lever angle does not appear to be disclose nor rendered obvious in the prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dustin T Nguyen whose telephone number is (571)270-0163. The examiner can normally be reached M - F: 8:00am - 4:30pm. 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, Nathaniel E. Wiehe can be reached at (571) 272-8648. 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. /DUSTIN T NGUYEN/Primary Examiner, Art Unit 3745 July 16, 2026
Read full office action

Prosecution Timeline

Jul 25, 2025
Application Filed
May 26, 2026
Examiner Interview (Telephonic)
Jul 20, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12692836
LOW-SPEED HIGH-TORQUE HYDROSTATIC POWERTRAIN
3y 12m to grant Granted Jul 28, 2026
Patent 12692881
PRESSURE APPLYING DEVICE
1y 7m to grant Granted Jul 28, 2026
Patent 12687183
FLUID CONTROLLER
2y 0m to grant Granted Jul 21, 2026
Patent 12687182
HYDRAULIC DRIVE APPARATUS
1y 10m to grant Granted Jul 21, 2026
Patent 12680611
WORK VEHICLE
2y 2m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
90%
With Interview (+17.4%)
2y 6m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 478 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month