Prosecution Insights
Last updated: October 01, 2026
Application No. 19/163,396

REMOTE OPERATION SYSTEM FOR WORK MACHINE AND REMOTE OPERATION METHOD FOR WORK MACHINE

Non-Final OA §102§103
Filed
Sep 09, 2025
Priority
Mar 31, 2023 — JP 2023-058266 +1 more
Examiner
GONZALEZ, MARIO CARLOS
Art Unit
3668
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Komatsu Ltd.
OA Round
1 (Non-Final)
33%
Grant Probability
At Risk
1-2
OA Rounds
2y 2m
Est. Remaining
39%
With Interview

Examiner Intelligence

Grants only 33% of cases
33%
Career Allowance Rate
37 granted / 113 resolved
-19.3% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
163
Total Applications
across all art units

Statute-Specific Performance

§101
15.1%
-24.9% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
16.1%
-23.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 113 resolved cases

Office Action

§102 §103
DETAILED ACTION NOTICE OF PRE-AIA OR AIA STATUS The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . STATUS OF CLAIMS This action is in response to the Applicant’s filing on 9/09/2025. Claims 1-10 are pending and are examined below. PRIORITY Acknowledgement is made of Applicant’s claim of foreign priority to JP2023-058266, filed on 3/31/2023. CLAIM OBJECTIONS Claim(s) 4 is/are objected to because of claim informalities. As to claim 4, limitation “a plurality of the relay controllers” lacks antecedent basis. Claim 1 only introduces “a relay controller” (singular). Examiner suggests: “a plurality of [[the]] relay controllers”. Appropriate correction is required. CLAIM REJECTIONS—35 U.S.C § 102 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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 6, 9 and 10 is/are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Kim (KR102422316B1; “Kim”) As to independent claim 1, Kim discloses a remote operation system for a work machine, the remote operation system comprising: a remote controller associated with a remote operation device and configured to transmit, based on an operation signal from the remote operation device, an operation command (“The remote control device (120) [remote controller] includes … a control unit (125) [remote operation device].” ¶ 34. “The control unit (125) includes a joystick-shaped control lever, etc., to remotely operate the construction machine and generates control signal messages identical to those used to control the actual construction machine.” ¶ 37. “The remote control step is the step in which the remote control device (120) transmits a control signal message to remotely operate the construction machine.” ¶ 59.); a relay controller associated with a work machine and configured to receive the operation command (“The telematics gateway unit receives and processes control signal messages for operating the construction machine from the remote control device through a virtual private network (VPN) connection established with the remote control device.” ¶ 11; see also ¶¶ 24 and 32.); an operation command transmitter configured to transmit the operation command relayed by the relay controller to the work machine (“A telematics gateway unit (100) connected to the internet network via a commercial communication network receives a construction machine control signal message transmitted via a virtual private network by a remote control device (120) at a remote location and transmits it to a specific electronic control unit via the internal network of the construction machine so that the construction machine can be controlled remotely.” ¶ 29; see also ¶¶ 27, 60 and 64.); and a management controller configured to connect communication between the remote controller that is specific and the relay controller that is specific (“The operating server (140) [management controller] is a computing device connected to a network that registers devices so that the remote control device (120) and the telematics gateway unit (100) can establish a virtual private network connection …. The operating server (140) has a public IP address so that the remote control device (120) and the telematics gateway unit (100) can be directly connected.” ¶ 38; see also ¶ 13. “The construction machinery remote control system … may include a plurality of remote control devices (120) and a telematics gateway unit (100), so that all remote control devices (120) and the telematics gateway unit (100) perform a registration procedure for remote control.” ¶ 40. “The connection management unit (143) transmits the connection information of the remote control device (120) and the telematics gateway unit (100) to the counterpart to whom the virtual private network is to be connected, and transmits a virtual private network connection command. When the connection management unit (143) receives a virtual private network connection request from the remote control device (120), it transmits a virtual private network connection command to the remote control device (120) and the telematics gateway unit (100). At this time, the remote control device (120) and the telematics gateway unit (100) configure tunneling for a virtual private network connection to establish a virtual private network connection.” ¶ 44. “In the example of FIG. 2, the remote control device #2 (120_2) and the VPN relay server (160) are connected to the first VPN, and the telematics gateway unit #2 (TGU#2, 100_2) of the construction machine #2 and the VPN relay server (160) are connected to the second VPN.” ¶ 50. See also FIGS. 1-2. Note: Summarizing, Kim’s operating server corresponds to the claimed management controller because it establishes communication between a specific remote control device (remote controller) and a specific telematics gateway unit (relay controller) as illustrated by at least the example of the connection between remote control device 2 and TGU 2.). As to independent claim 10, Kim discloses a remote operation method for a work machine, the remote operation method comprising: causing a management controller to connect communication between a remote controller that is specific and associated with a remote operation device and a relay controller that is specific and associated with a work machine (“The operating server (140) [management controller] is a computing device connected to a network that registers devices so that the remote control device (120) and the telematics gateway unit (100) can establish a virtual private network connection …. The operating server (140) has a public IP address so that the remote control device (120) and the telematics gateway unit (100) can be directly connected.” ¶ 38; see also ¶ 13. “The construction machinery remote control system … may include a plurality of remote control devices (120) and a telematics gateway unit (100), so that all remote control devices (120) and the telematics gateway unit (100) perform a registration procedure for remote control.” ¶ 40. “The connection management unit (143) transmits the connection information of the remote control device (120) and the telematics gateway unit (100) to the counterpart to whom the virtual private network is to be connected, and transmits a virtual private network connection command. When the connection management unit (143) receives a virtual private network connection request from the remote control device (120), it transmits a virtual private network connection command to the remote control device (120) and the telematics gateway unit (100). At this time, the remote control device (120) and the telematics gateway unit (100) configure tunneling for a virtual private network connection to establish a virtual private network connection.” ¶ 44. “In the example of FIG. 2, the remote control device #2 (120_2) and the VPN relay server (160) are connected to the first VPN, and the telematics gateway unit #2 (TGU#2, 100_2) of the construction machine #2 and the VPN relay server (160) are connected to the second VPN.” ¶ 50. See also FIGS. 1-2. Note: Summarizing, Kim’s operating server corresponds to the claimed management controller because it establishes communication between a specific remote control device (remote controller) and a specific telematics gateway unit (relay controller) as illustrated by at least the example of the connection between remote control device 2 and TGU 2.); causing the remote controller to transmit, based on an operation signal from the remote operation device, an operation command (“The remote control device (120) [remote controller] includes … a control unit (125) [remote operation device].” ¶ 34. “The control unit (125) includes a joystick-shaped control lever, etc., to remotely operate the construction machine and generates control signal messages identical to those used to control the actual construction machine.” ¶ 37. “The remote control step is the step in which the remote control device (120) transmits a control signal message to remotely operate the construction machine.” ¶ 59.); causing the relay controller to receive the operation command transmitted from the remote controller (“The telematics gateway unit receives and processes control signal messages for operating the construction machine from the remote control device through a virtual private network (VPN) connection established with the remote control device.” ¶ 11; see also ¶¶ 24 and 32.); causing an operation command transmitter to transmit the operation command relayed by the relay controller to the work machine(“The telematics gateway unit receives and processes control signal messages for operating the construction machine from the remote control device through a virtual private network (VPN) connection established with the remote control device.” ¶ 11; see also ¶¶ 24 and 32.); and causing the work machine to operate based on the operation command transmitted from the operation command transmitter (“The present invention relates to a technology for remotely controlling construction machinery located in a remote location.” ¶ 1. “The control unit (125) includes a joystick-shaped control lever, etc., to remotely operate the construction machine and generates control signal messages identical to those used to control the actual construction machine.” ¶ 37. “A remote control device (120) transmits a control signal message through a VPN tunnel to remotely operate a construction machine by the remote control device (120) by the operator (S1100). The telematics gateway unit (100) that receives this transmits the control message to the destination electronic control unit through the connected vehicle internal network.” ¶ 64. Note: As Kim’s control signal message is expressly the same message which controls the actual machine and is delivered to the same ECU, the machine necessarily operates in response to said control signal – otherwise, Kim’s stated purpose (remote control of construction machinery) would be unmet.). As to claim 6, Kim discloses: the management controller connects, based on an optional setting by a manager, the communication between the relay controller and the remote controller (“The web service provider (145) allows a worker connected via the remote control device (120) to select a construction machine that they want to remotely control. When a construction machine is selected in the web service provider (145), a virtual private network connection request is received from the connected remote control device (120), and the operation server (140) can transmit a virtual private network connection command to the remote control device (120) and the telematics gateway unit (100).” ¶ 52; see also ¶¶ 56, 64 and 69.). As to claim 9, Kim discloses: wherein an operation command transmitted from the remote controller comprises a first operation command of a first communication method (“[T]he remote control device (120) and the telematics gateway unit (100) establish a Virtual Private Network (VPN) connection, i.e., use tunneling. At this time, the tunneling protocol used may be a Layer 3 tunneling protocol such as GRE (Generic Routing Encapsulation) or IPSec (IP Security Protocol).” ¶ 31.), and an operation command transmitted from the operation command transmitter comprises a second operation command of a second communication method (“[T]he telematics gateway unit (100) is connected to the internal network of the construction machine and communicates with various electronic control units (ECUs) of the construction machine.” ¶ 27. “The internal network of a construction machine can be any one of CAN (Controller Area Network), Ethernet, FlexRay, LIN (Local Interconnect Network), etc., but it is preferable to use Ethernet and to use an IP network at the upper layer.” ¶ 28. Note: Summing up, the methods used to transmit an operation command from the remote controller and an operation command from the transmitter – i.e., GRE/IPSec tunneling protocol and CAN/Ethernet/etc. protocol, respectively – differ from each other.). CLAIM REJECTIONS—35 U.S.C. § 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 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) 2 is/are rejected under § 103 as being unpatentable over Kim in view of Kakegawa et al. (JP2004297111A; “Kakegawa”). As to claim 2, Kim discloses: wherein the remote operation device and the remote controller are disposed in a remote operation room installed at a remote location of a work site where the work machine operates (“The present invention relates to a technology for remotely controlling construction machinery located in a remote location, and more specifically, to a system for controlling construction machinery located in a remote location by connecting a virtual private network between devices using a commercial communication network, and a method for controlling construction machinery.” ¶ 1. “The remote control device (120) [remote controller] includes … a control unit (125) [remote operation device].” ¶ 34. “The control unit (125) includes a joystick-shaped control lever, etc., to remotely operate the construction machine and generates control signal messages identical to those used to control the actual construction machine.” ¶ 37. See also FIG. 1 which showcases the remote control device 120 associated with a remote operation room.). Kim fails to explicitly disclose: the relay controller and the operation command transmitter are disposed in a relay room installed at the work site. Nevertheless, Kakegawa teaches: a relay controller and an operation command transmitter are disposed in a relay room installed at a work site (“[I]n an unmanned construction system that uses wireless communication, when the distance between the control center and the construction site is large, or when the construction site is large, or when avoiding obstacles, wireless relay stations are installed to relay wireless communication and transmit data” ¶ 6. “Figure 1 shows an example of an embodiment using the unmanned construction system according to the present invention, and consists of work machines A100a and B100b and a relay station 40a arranged in the construction area 10a, work machines C100c and D140d and relay stations 40b and 40c arranged in the construction area 10b, a remote control device 200 installed in the remote control station 20.” ¶ 16 and FIG. 1.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kim to include the feature of: a relay controller and an operation command transmitter are disposed in a relay room installed at a work site, as taught by Kakegawa, with a reasonable expectation of success because this feature is useful for, in the same field of endeavor of remote operation of a work vehicle, enabling wireless communication over large distances or in a manner which bypasses obstacles. (See Kakegawa, ¶ 6.) Claim(s) 3-5 and 7 is/are rejected under § 103 as being unpatentable over Kim in view of Otani et al. (US20220186466A1; “Otani”). As to claim 3, Kim fails to explicitly disclose: wherein the management controller connects, based on construction data indicating a work situation of the work site where the work machine operates, the communication. Nevertheless, Otani teaches: wherein a management controller connects, based on construction data indicating a work situation of the work site where the work machine operates, a communication (“The remote operation server 30 comprises a first server arithmetic processing element 31 and a second server arithmetic processing element 32. The first server arithmetic processing element 31 receives a first notification, and selects the second remote operation apparatus 20 different from the first remote operation apparatus 10 in a plurality of remote operation apparatuses based on the first notification. The second server arithmetic processing element 32 transmits a second notification in response to the first notification to the second remote operation apparatus 20, and executes processing for changing remote operation authority of the working machine 40 from the first remote operation apparatus 10 to the second remote operation apparatus 20.” Emphases added; ¶ 45; see also ¶¶ 64-65. “‘The first notification’ includes information required when remotely operating the working machine 40, such as the environmental image representing the environment of the working machine 40 immediately before the specified state is detected and voice information as necessary, the construction plan and the operating state and type of the working machine 40.” ¶ 53 and FIG. 5. See also ¶¶ 31-40 providing more discussion regarding the specified state, especially “in view of a construction plan” at para. [0040]. Note: Summarizing, Otani’s server selects which remote operation apparatus connects to a working machine based on a notification containing a construction plan, the operating state of a machine and its location and work content relative to the plan — i.e., data indicating the work situation at the site.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kim to include the feature of: wherein a management controller connects, based on construction data indicating a work situation of the work site where the work machine operates, a communication, as taught by Otani, with a reasonable expectation of success because this feature is useful “to provide a system which can avoid instability of an operating state of a working machine when switching a remote operation actor of the working machine.” (Otani, ¶ 5.) As to claim 4, Kim discloses: wherein the management controller specifies, from among a plurality of the relay controllers, a relay controller to which communication with the remote controller is to be connected (“The construction machinery remote control system of the present invention may include a plurality of remote control devices (120) and a telematics gateway unit (100), so that all remote control devices (120) and the telematics gateway unit (100) perform a registration procedure for remote control.” ¶ 40. “The connection management unit (143) transmits the connection information of the remote control device (120) and the telematics gateway unit (100) to the counterpart to whom the virtual private network is to be connected, and transmits a virtual private network connection command. When the connection management unit (143) receives a virtual private network connection request from the remote control device (120), it transmits a virtual private network connection command to the remote control device (120) and the telematics gateway unit (100). At this time, the remote control device (120) and the telematics gateway unit (100) configure tunneling for a virtual private network connection to establish a virtual private network connection.” ¶ 44. See also ¶ 50.). Kim fails to explicitly disclose: performing the above limitation based on the construction data. Nevertheless, Otani teaches: wherein a management controller connects, based on construction data, a communication (“The remote operation server 30 comprises a first server arithmetic processing element 31 and a second server arithmetic processing element 32. The first server arithmetic processing element 31 receives a first notification, and selects the second remote operation apparatus 20 different from the first remote operation apparatus 10 in a plurality of remote operation apparatuses based on the first notification. The second server arithmetic processing element 32 transmits a second notification in response to the first notification to the second remote operation apparatus 20, and executes processing for changing remote operation authority of the working machine 40 from the first remote operation apparatus 10 to the second remote operation apparatus 20.” Emphases added; ¶ 45; see also ¶¶ 64-65. “‘The first notification’ includes information required when remotely operating the working machine 40, such as the environmental image representing the environment of the working machine 40 immediately before the specified state is detected and voice information as necessary, the construction plan and the operating state and type of the working machine 40.” ¶ 53 and FIG. 5. See also ¶¶ 31-40 providing more discussion regarding the specified state, especially “in view of a construction plan” at para. [0040]. Note: Summarizing, Otani’s server selects which remote operation apparatus connects to a working machine based on a notification containing a construction plan, the operating state of a machine and its location and work content relative to the plan — i.e., data indicating the work situation at the site.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kim to include the feature of: wherein a management controller connects, based on construction data, a communication, as taught by Otani, to yield the claim limitation at issue with a reasonable expectation of success because this feature is useful “to provide a system which can avoid instability of an operating state of a working machine when switching a remote operation actor of the working machine.” (Otani, ¶ 5.) Indeed, a skilled artisan would have recognized that modifying Kim’s communication architecture — i.e., a management controller specifying (connecting) a remote controller to a relay controller which is connected to a work machine — with Otani would yield the predictable result of specifying a relay controller based on construction data because Kim’s architecture necessarily requires specifying a relay controller to complete a connection. Hence, the incorporation of Otani into Kim to yield the claim limitation at issue entails combining prior art elements according to known methods to yield predictable results. As to claim 5, Kim discloses: wherein the management controller connects, based on input data from an input device, the communication (“The web service provider (145) displays a list and status of telematics gateway units (100) registered in the operating server (140) and provides a user interface that allows selecting a construction machine to be remotely controlled. The web service provider (145) allows a worker connected via the remote control device (120) to select a construction machine that they want to remotely control. When a construction machine is selected in the web service provider (145), a virtual private network connection request is received from the connected remote control device (120), and the operation server (140) can transmit a virtual private network connection command to the remote control device (120) and the telematics gateway unit (100).” ¶ 52.). Kim fails to explicitly disclose: performing the above limitation based on input data from an input device operated based on the construction data. Nevertheless, Otani teaches: wherein a management controller connects, based on construction data, a communication (“The remote operation server 30 comprises a first server arithmetic processing element 31 and a second server arithmetic processing element 32. The first server arithmetic processing element 31 receives a first notification, and selects the second remote operation apparatus 20 different from the first remote operation apparatus 10 in a plurality of remote operation apparatuses based on the first notification. The second server arithmetic processing element 32 transmits a second notification in response to the first notification to the second remote operation apparatus 20, and executes processing for changing remote operation authority of the working machine 40 from the first remote operation apparatus 10 to the second remote operation apparatus 20.” Emphases added; ¶ 45; see also ¶¶ 64-65. “‘The first notification’ includes information required when remotely operating the working machine 40, such as the environmental image representing the environment of the working machine 40 immediately before the specified state is detected and voice information as necessary, the construction plan and the operating state and type of the working machine 40.” ¶ 53 and FIG. 5. See also ¶¶ 31-40 providing more discussion regarding the specified state, especially “in view of a construction plan” at para. [0040]. Note: Summarizing, Otani’s server selects which remote operation apparatus connects to a working machine based on a notification containing a construction plan, the operating state of a machine and its location and work content relative to the plan — i.e., data indicating the work situation at the site.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kim to include the feature of: wherein a management controller connects, based on construction data, a communication, as taught by Otani, to yield the claim limitation at issue with a reasonable expectation of success because this feature is useful “to provide a system which can avoid instability of an operating state of a working machine when switching a remote operation actor of the working machine.” (Otani, ¶ 5.) Here, a skilled artisan would have found it obvious to provide Otani’s construction data to an operator (e.g., via Kim’s user interface) to ensure that Otani’s advantages are implemented into Kim. That is, by enabling an operator to provide inputs based on construction data, an input to connect a communication may be performed in a more holistic and accurate manner. Accordingly, the incorporation of Otani into Kim to yield the claim limitation at issue entails a use of known technique to improve similar devices (methods, or products) in the same way. As to claim 7, Kim fails to explicitly disclose: a camera configured to capture an image of the work site; wherein the management controller causes a display device to display the image of the work site captured by the camera, and the construction data comprises the image of the work site. Nevertheless, Otani teaches: a camera configured to capture an image of the work site (“The imaging device 401 is installed, for example, in the cab 422, and environment including at least a part of the actuation mechanism 440 is imaged through a front window of the cab 422.” ¶ 22.); causing a display device to display the image of the work site captured by the camera (“The second client control device 200 displays second notification information corresponding to the second notification in the second image output device 221 (FIG. 5/STEP204). For example, the environmental image of the working machine 40 (see FIG. 6) and an image representing an operating situation such as the inclination angle of the upper rotation body 420 of the working machine 40 to the horizontal plane are displayed as the second notification information in the second image output device 221.” ¶ 58.), and the construction data comprises the image of the work site (See at least ¶¶ 22 and 58.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kim to include the features of: a camera configured to capture an image of the work site; causing a display device to display the image of the work site captured by the camera, and the construction data comprises the image of the work site, as taught by Otani, to yield the claim limitations at issue with a reasonable expectation of success because these features are useful “to provide a system which can avoid instability of an operating state of a working machine when switching a remote operation actor of the working machine.” (Otani, ¶ 5.) Here, a skilled artisan would have found it obvious to provide Otani’s construction data — in the form of an image of the work site — to an operator (e.g., via Kim’s user interface) to ensure that Otani’s advantages are implemented into Kim. That is, by enabling an operator to provide inputs based on an image of the work site, an input to connect a communication may be performed in a more holistic and accurate manner. Accordingly, the incorporation of Otani into Kim to yield the claim limitation at issue entails a use of known technique to improve similar devices (methods, or products) in the same way. Claim(s) 8 is/are rejected under § 103 as being unpatentable over Kim in view of Otani as applied to claim 7 – further in view of Sasaki et al. (US20230073325A1; “Sasaki”) As to claim 8, the combination of Kim and Otani fails to explicitly disclose: wherein the construction data comprises scheduled work start times of a plurality of the work machines; and the management controller connects, based on the scheduled work start times, the communication. Nevertheless, Sasaki teaches: wherein construction data comprises scheduled work start times of a plurality of the work machines (“[I]f the result of the determination is positive (FIG. 4 /STEP 211: YES), it is determined whether a second specification operation from an operator through the remote input interface 210 has been performed or not in the remote operation apparatus 20 as the first remote operation apparatus (FIG. 4 /STEP 212). The ‘second specification operation’ is, for example, an operation such as key touching, tapping or swiping on the remote input interface 210 for setting a schedule including scheduled start time and/or scheduled end time of a remote operation of the work machine 40 specified by the first specification operation.” ¶ 40 and FIG. 4. “By the first specification operation and the second specification operation, not only one work machine 40 but also a plurality of work machines 40 can be specified.” ¶ 42. See also ¶¶ 41, 43.); and a management controller connects, based on the scheduled work start times, the communication (“In the remote operation assistance server 10, it is determined by the second assistance processing element 122 whether or not current time t is time that is a first specified period τ1 before the scheduled start time t21 of a second remote operation period or after the time (FIG. 5 /STEP 120).” ¶ 54. “[I]f the result of the determination is positive (FIG. 5 /STEP 120: YES), a second environment confirmation request is transmitted to the work machine 40 as the second work machine identified by a second work machine identifier by the second assistance processing element 122 (FIG. 5 /STEP 121).” ¶ 56.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Kim and Otani to include the features of: wherein construction data comprises scheduled work start times of a plurality of the work machines; and a management controller connects, based on the scheduled work start times, the communication, as taught by Sasaki, with a reasonable expectation of success because this feature is useful “for assisting a remote operation of each of a plurality of work machines through a remote operation apparatus by an operator.” (Sasaki, ¶ 6.) Critically, a skilled artisan would have recognized that it would have been obvious to implement Sasaki’s scheduled work start times as a form of construction data into Kim-Otani because this feature is useful for further aiding in determining which connection between remote controller and work machine (including an associated relay controller) should be made. Of note, Otani contemplates that construction data may constitute “a state where in a time zone in which a predetermined work is performed in a certain area according to a construction plan” (Otani, ¶ 40) — Sasaki’s scheduled start times is an obvious extension of such construction data. CONCLUSION Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Mario C. Gonzalez whose telephone number is (571) 272-5633. The Examiner can normally be reached M–F, 10:00–6:00 ET. 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, Fadey S. Jabr, can be reached on (571) 272-1516. 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. /MARIO C GONZALEZ/Examiner, Art Unit 3668
Read full office action

Prosecution Timeline

Sep 09, 2025
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12738163
Traffic Control System and Traffic Control Method
3y 7m to grant Granted Sep 15, 2026
Patent 12738164
SYSTEMS AND METHODS FOR USE IN DETERMINING RIGHT-OF-WAY TURN ALLOCATION
3y 5m to grant Granted Sep 15, 2026
Patent 12711867
CARAVAN ROUTE FEEDBACK AND CONTROL SYSTEM
2y 9m to grant Granted Aug 18, 2026
Patent 12703350
AUTOMATED VALET PARKING SYSTEM SERVER AND AUTOMATED VALET PARKING METHOD
2y 0m to grant Granted Aug 11, 2026
Patent 12654726
VEHICLE DRIVING ASSIST APPARATUS
5y 9m to grant Granted Jun 16, 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
33%
Grant Probability
39%
With Interview (+6.1%)
3y 2m (~2y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 113 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