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 .
In the event the determination of the status of the application as subject to 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.
Status of Claims
This Office Action is in response to the Applicant’s Response dated 12/4/2025. Claims 1-5, 7, 9-11, 14, 17-18, and 20-23 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. All pending claims therefore have an effective filing date of 11/14/2018.
Response to Arguments
Applicant's arguments, see pages 9-11 of 13, filed 12/4/2025, have been fully considered but they are not persuasive. The Applicant has argued that none of the references of record disclose or teach the amended limitation of claim 1, specifically “…determining, while the excavator is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor…” however the Examiner respectfully disagrees. The Applicant proceeds to argue that Park teaches the determination of a trailer being level, however the claim requires the determination of the ramp of a trailer being level. The Examiner recognizes this distinction, however has indicated in the updated citations below, that the inclinometer sensor of Park can be connected to any structural element of the trailer (see Park at least [0039]), and thus would be applicable to determining the levelness of the ramp of the trailer as disclosed by primary reference Pfaff.
A detailed rejection follows below.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Pfaff et al. (US-2020/0042003; hereinafter Pfaff; already of record) in view of Cherney et al. (US- 2020/0071908; hereinafter Cherney; already of record) and Camara Puerto et al. (US-2020/0089222; hereinafter Camara Puerto; already of record), and further in view of Park (US-2013/0338848; already of record).
Regarding claim 1, Pfaff discloses an excavator (see Pfaff at least Abs) comprising:
…
…
…
a sensor configured to recognize an object in a three-dimensional space around the excavator (see Pfaff at least [0082] "...Examples of RTK position sensors that can be used to determine position and movement when the operator places the system into learn mode include RTK global positioning system (GPS) sensors, inertial measurement unit (IMU) inclinometers, ultrasonic sensors, low power radar, and radio frequency (RF) distance measuring devices."); and
a processing circuitry provided in the [excavator] (see Pfaff at least [0071] “...A power system controller 302 is in communication with the power conversion system 324. The power system controller 302 provides control signals to components in the power conversion system to direct the provision of converted power to the work elements. The power system controller 302 provides these control signals in response to inputs from various sources such as user input devices 350 or other controllers on the power machine.”) and configured to, upon receipt of a predetermined command from an external device, perform a control of automatically (see Pfaff at least [0044] “...Subsequently, the loader can be commanded to automatically perform the series of recorded operations in order to repeatedly perform the task as many times as specified to complete a work project...”) causing the [excavator] to travel either toward a bed of a trailer or from the bed to a rear area of the trailer (see Pfaff at least Fig 11, [0080] "While user inputs 350 (e.g., joystick controls, touchscreen displays, etc.) of the loader can be used, a remote-control device 352 can optionally be included to allow control of the loader by an operator not seated in the operator compartment of the machine..." [0096] "Once the loader 900 and the trailer 910 are located, at block 730 a path for the loader to travel onto the trailer is identified. In one embodiment, the method of identifying the path includes identifying a point 932 on the trailer 910 that represents the final place on the path, i.e., where the loader 900 will be when the method 700 is completed. Point 932 is centered between the left side 944 and the right side 946 of the trailer 910 and located at a position between the front end 948 and the rear end 950 to properly position the loader 900 on the trailer. For example, the point 932 can be selected to center the loader 900 over axles or sufficiently forward from the rear end 950 of the trailer 910. Additional points 934, 936, and 938 off and behind the trailer 910 and on a line that extends through points 930 and 932 provide a path to follow to move the loader onto the trailer." [0097] "Once the path is identified, at block 740, the method includes driving the loader onto the trailer. The process includes moving the loader to the first point 934 so that the loader is aligned with the trailer. The loader 900 is then backed onto the trailer by moving the loader to the point 936, and then to point 938, and then to point 930. Moving from point 938 to point 930, the loader will back up the ramp 942. Finally, the loader moves to point 932 and the loader is positioned on the trailer. Driving the loader onto the trailer, in some embodiments, is initiated by a command from the portable controller 980. After the command is initiated (i.e., in response to a user input), the portable controller 980 can provide the user with a user input, that, when pressed or otherwise engaged (e.g. by a voice command), will command the augmented control controller 970 to stop the driving of the loader onto the trailer."),
wherein the processing circuitry is configured to transmit a command to the external device (see Pfaff at least [0098] "The portable controller 980 is also capable of interfacing with the augmented control controller 970 or other controllers on the loader 900 to operate as a remote-control device to control the loader directly in response to commands provided by a user..."), …
…
determining whether a ramp plate is installed at a rear of the trailer (see Pfaff at least [0092] "...The loader 900 will use the ramp to move up onto or down off the flatbed 940." and [0103] "At block 1104, method 1100 includes identifying a loader position at a first location using a first GPS receiver. The first GPS receiver can be the GPS receiver in portable controller 1080 placed at a particular position on loader 1000. FIG. 16 illustrates loader 1000 at a first location 1060 with the portable controller 1080 positioned to identify the loader location..." – detecting and utilizing a trailer’s ramp by way of a GPS receiver positioned at a particular position on the trailer),
…
starting automatically causing the [excavator] to travel either toward the bed of the trailer or from the bed of the rear area of the trailer, in response to determining that the ramp plate is installed at the rear of the trailer and (see Pfaff at least [0044] "Disclosed embodiments include loaders, and systems used on loaders that are configured to augment loader control to accomplish repetitive tasks. In providing augmented control, a learning mode is initiated and a home position is set. In the learning mode, a series or collection of machine operations required to perform an iteration of a work task are learned. Subsequently, the loader can be commanded to automatically perform the series of recorded operations in order to repeatedly perform the task as many times as specified to complete a work project. Examples of tasks which can be learned include, but are not limited to, trailer loading, carry and dump operations, material transport (driving the loader from one position to another position), returning home, workgroup return to position for lift, tilt and auxiliary functions, implement or attachment work performed in rows such as mowing, grading and packing, etc." and [0096] "Once the loader 900 and the trailer 910 are located, at block 730 a path for the loader to travel onto the trailer is identified. In one embodiment, the method of identifying the path includes identifying a point 932 on the trailer 910 that represents the final place on the path, i.e., where the loader 900 will be when the method 700 is completed. Point 932 is centered between the left side 944 and the right side 946 of the trailer 910 and located at a position between the front end 948 and the rear end 950 to properly position the loader 900 on the trailer. For example, the point 932 can be selected to center the loader 900 over axles or sufficiently forward from the rear end 950 of the trailer 910. Additional points 934, 936, and 938 off and behind the trailer 910 and on a line that extends through points 930 and 932 provide a path to follow to move the loader onto the trailer." and [0097] "Once the path is identified, at block 740, the method includes driving the loader onto the trailer. The process includes moving the loader to the first point 934 so that the loader is aligned with the trailer. The loader 900 is then backed onto the trailer by moving the loader to the point 936, and then to point 938, and then to point 930. Moving from point 938 to point 930, the loader will back up the ramp 942. Finally, the loader moves to point 932 and the loader is positioned on the trailer. Driving the loader onto the trailer, in some embodiments, is initiated by a command from the portable controller 980. After the command is initiated (i.e., in response to a user input), the portable controller 980 can provide the user with a user input, that, when pressed or otherwise engaged (e.g. by a voice command), will command the augmented control controller 970 to stop the driving of the loader onto the trailer.") …
However, Pfaff does not explicitly disclose the following:
…a lower traveling structure…
…an upper turning structure which is turnably mounted to the lower traveling structure…
…an attachment mounted on the upper turning structure…
…a processing circuitry provided in the upper turning structure…
…the command requesting the external device to display, in a form of a plurality of steps, a plurality of different operations that are performed during the control of automatically causing the lower traveling structure to travel...
…the plurality of different operations include…
…determining, while the excavator is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor…
…determining … that the horizontal level of the ramp plate satisfies the predetermined standard.
Cherney, in the same field of endeavor, teaches the following:
…a lower traveling structure (see Cherney at least Fig 8 and [0070] “FIG. 8 is similar to FIGS. 1 and 7 above, except that the mobile work machine comprises an excavator 352 or any other machine in which the ground-engaging elements are rubber tracks 370. In the example shown in FIG. 8, excavator 352 has an operator's compartment 356, movable elements 358 and 360 as well as bucket 362. The movement of elements 358 and 360 and bucket 362 are controlled by actuators 364, 366 and 368, respectively. Excavator 352 also has an engine with a transmission that drives rotation of tracks 370. Each of the tracks 370 illustratively has an in-rubber sensor system 124 that provides the same type of information discussed above. Thus, the type of information that can be used from sensor 124 includes the track pressure, the rubber temperature of track 370, the acceleration and velocity vectors detected in track 370, any type of track deflection, the load on track 370, the size of the contact patch (or the length of the contact patch) among a wide variety of other information. This can be used by control criteria extraction system 156 to extract a wide variety of different control criteria, such as those described above with respect to FIG. 3, or other criteria, that can be used to control excavator 352.”)…
…an upper turning structure which is turnably mounted to the lower traveling structure (see Cherney at least Fig 8 and [0070] “FIG. 8 is similar to FIGS. 1 and 7 above, except that the mobile work machine comprises an excavator 352 or any other machine in which the ground-engaging elements are rubber tracks 370. In the example shown in FIG. 8, excavator 352 has an operator's compartment 356, movable elements 358 and 360 as well as bucket 362. The movement of elements 358 and 360 and bucket 362 are controlled by actuators 364, 366 and 368, respectively. Excavator 352 also has an engine with a transmission that drives rotation of tracks 370. Each of the tracks 370 illustratively has an in-rubber sensor system 124 that provides the same type of information discussed above. Thus, the type of information that can be used from sensor 124 includes the track pressure, the rubber temperature of track 370, the acceleration and velocity vectors detected in track 370, any type of track deflection, the load on track 370, the size of the contact patch (or the length of the contact patch) among a wide variety of other information. This can be used by control criteria extraction system 156 to extract a wide variety of different control criteria, such as those described above with respect to FIG. 3, or other criteria, that can be used to control excavator 352.”)…
…an attachment mounted on the upper turning structure (see Cherney at least Fig 8 and [0070] “FIG. 8 is similar to FIGS. 1 and 7 above, except that the mobile work machine comprises an excavator 352 or any other machine in which the ground-engaging elements are rubber tracks 370. In the example shown in FIG. 8, excavator 352 has an operator's compartment 356, movable elements 358 and 360 as well as bucket 362. The movement of elements 358 and 360 and bucket 362 are controlled by actuators 364, 366 and 368, respectively. Excavator 352 also has an engine with a transmission that drives rotation of tracks 370. Each of the tracks 370 illustratively has an in-rubber sensor system 124 that provides the same type of information discussed above. Thus, the type of information that can be used from sensor 124 includes the track pressure, the rubber temperature of track 370, the acceleration and velocity vectors detected in track 370, any type of track deflection, the load on track 370, the size of the contact patch (or the length of the contact patch) among a wide variety of other information. This can be used by control criteria extraction system 156 to extract a wide variety of different control criteria, such as those described above with respect to FIG. 3, or other criteria, that can be used to control excavator 352.”)…
…a processing circuitry provided in the upper turning structure (see Cherney at least Fig 1, Fig 2, Fig 8, [0027], and [0070])…
…
…
…
…
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 machine capable of being loaded onto a trailer as disclosed by Pfaff with the structural components and capability of detecting unstable conditions such as taught by Cherney with a reasonable expectation of success to illustrate control of the machine with respect to its various components and provide corrective actions and/or warnings against unstable conditions experienced by the machine (see Cherney at least [0001], [0006], and [0023]).
However, neither Pfaff nor Cherney explicitly disclose or teach the following:
…the command requesting the external device to display, in a form of a plurality of steps, a plurality of different operations that are performed during the control of automatically causing the lower traveling structure to travel...
…the plurality of different operations include…
…determining, while the excavator is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor…
…determining … that the horizontal level of the ramp plate satisfies the predetermined standard.
Camara Puerto, in the same field of endeavor, teaches the following:
…the command requesting the external device to display, in a form of a plurality of steps, a plurality of different operations that are performed during the control of automatically causing the lower traveling structure to travel (see Camara Puerto at least Figs 9-13 and [0046]-[0048] "Turning to FIGS. 11-13, as the work machine 26 moves forward, the processor will continually update the spatial map based on the newly obtained image data. Images of the updated map are transmitted to the display 48 in real-time. Likewise, representations of untraversed portions of the virtual path 38 are juxtaposed with the updated images on the display 48 in real-time. Providing real-time imagery of the untraversed portions of the virtual path 38 allows the operator to edit or extend the virtual path 38 as conditions are analyzed, as shown for example in FIG. 12. For example, terrain which may have previously been over the horizon or otherwise not viewable by the camera 44 may now be viewable. An operator may edit the virtual path 38 by inputting new waypoints 70 or a new section of path on the display 48, as shown in FIG. 12. The new path created by the new waypoints 70 must intersect with the virtual path 38 and be within the work machine's 26 steering tolerances. If, for example, the virtual path 38 is relatively straight and the operator's new section of path commands a steering direction that is significant, the system will notify the operator of an error. The processor will automatically update the path and project the updated virtual path 72 on the display 48, as shown in FIG. 12. Any waypoints 62 outside of the updated virtual path 72 will be deleted from the display 48, as shown in FIG. 13. The above described process will continue until the actual path is complete, as shown by steps 148-150 in FIG. 7.")…
…the plurality of different operations include (see Camara Puerto at least Figs 9-13 and [0046]-[0048]; waypoints)…
…
…
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 created path as taught by Pfaff in view of Cherney with a display screen depicting the path such as taught by Camara Puerto with a reasonable expectation of success so that the creation or modification of the path can be viewed by an operator (see Camara Puerto at least [0033]-[0034)).
However, neither Pfaff nor Cherney nor Camara Puerto explicitly disclose or teach the following:
…determining, while the excavator is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor…
…determining … that the horizontal level of the ramp plate satisfies the predetermined standard.
Park, in the same field of endeavor, teaches the following:
…determining, while the [machine] is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor (see Park at least Fig 5, [0039] "As will be discussed in greater detail in the paragraphs which follow, the apparatus of the invention uses an inclinometer sensor that is connected to a structural element of the RV to measure angles relative to a predetermined value that has been stored in the microcomputer of the apparatus during the sensor calibration process..." and [0075] "...With the trailer thusly in position, the user presses the "check level" button on the DDI 14. This action by the user causes the microcomputer to convert the inclinometer, or inclinometer outputs to pitch and roll angles and then determines whether or not the angles are acceptable. If the angles are acceptable the visual display element 64 displays a message "within the limits". If the angles are not acceptable, the visual display displays suggested wheel and tongue jack blocking corrections to bring the trailer correctly into level.")…
…determining … that the horizontal level of the ramp plate satisfies the predetermined standard (see Park at least Fig 5 and [0075] "...With the trailer thusly in position, the user presses the "check level" button on the DDI 14. This action by the user causes the microcomputer to convert the inclinometer, or inclinometer outputs to pitch and roll angles and then determines whether or not the angles are acceptable. If the angles are acceptable the visual display element 64 displays a message "within the limits". If the angles are not acceptable, the visual display displays suggested wheel and tongue jack blocking corrections to bring the trailer correctly into level.").
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 detection of a ramp plate as disclosed by Pfaff with a determination of ramp levelness such as taught by Park with a reasonable expectation of success for the sake of accurate and safe leveling of a trailer for future loading operations (see Park at least [0041]).
Regarding claim 2, Pfaff in view of Cherney and Camara Puerto and Park teach the excavator according to claim 1, wherein the processing circuitry is configured to detect the trailer based on the output of the sensor (see Pfaff at least [0082] “Also included with kit 500 are real-time-kinematic (RTK) sensors 356 that provide position and movement information during the learning mode. RTK sensors can include machine position sensor(s) 378 that indicate a position of the loader, lift arm position sensor(s) 372 that indicate a position or orientation of the lift arm relative to a reference such as the frame of the loader or the ground, and implement carrier position sensor(s) 374 that indicate a position or orientation of the implement carrier and any attached implement relative to a reference such as the lift arm or the ground. Examples of RTK position sensors that can be used to determine position and movement when the operator places the system into learn mode include RTK global positioning system (GPS) sensors, inertial measurement unit (IMU) inclinometers, ultrasonic sensors, low power radar, and radio frequency (RF) distance measuring devices.“ and [0091] “FIG. 11 is a diagram illustrating a loader in position to be driven onto a ramp. FIG. 12 is a flowchart that illustrates a method 700 of driving a loader onto a trailer according to one illustrative embodiment and Loader 900 is a loader of the type discussed above with an augmented control controller 970 configured to provide augmented control including some or all of the features discussed above. A portable controller 980 is capable of communicating with augmented control controller 970 to provide positioning information (i.e. portable controller 980 can act as a positioning device). Portable controller 980, in some illustrative embodiments, is a smart phone configured with one or more software applications to engage the augmented controller 970 to facilitate the method 700 of driving the loader onto a trailer. In some embodiments, the positioning device need not be portable and may be fixed to the trailer or the power machine, or both. For example, in some embodiments, a positioning device can be fixed to the trailer and can provide information to the power machine about the position of the trailer without requiring an operator to scan corners of the trailer. In such embodiments, a portable device can be used to provide position information of the power machine, or a fixed positioning device on the power machine can likewise provide power machine positioning information. In still other embodiments, a fixed positioning device on the power machine can identify a position of the trailer when the power machine is located on the trailer. The illustration of the loader 900 and the trailer 910 are provided for reference during the discussion of method 700. The loaders are often moved to and from jobsites by pulling them while they are located on a trailer. Loading a loader onto a trailer can be a difficult task for an inexperienced operator.”).
Regarding claim 3, Pfaff in view of Cherney and Camara Puerto and Park teach the excavator according to claim 1, wherein the processing circuitry is configured to detect the trailer based on an external signal (see Pfaff at least [0091] "FIG. 11 is a diagram illustrating a loader in position to be driven onto a ramp. FIG. 12 is a flowchart that illustrates a method 700 of driving a loader onto a trailer according to one illustrative embodiment and Loader 900 is a loader of the type discussed above with an augmented control controller 970 configured to provide augmented control including some or all of the features discussed above. A portable controller 980 is capable of communicating with augmented control controller 970 to provide positioning information (i.e. portable controller 980 can act as a positioning device). Portable controller 980, in some illustrative embodiments, is a smart phone configured with one or more software applications to engage the augmented controller 970 to facilitate the method 700 of driving the loader onto a trailer. In some embodiments, the positioning device need not be portable and may be fixed to the trailer or the power machine, or both. For example, in some embodiments, a positioning device can be fixed to the trailer and can provide information to the power machine about the position of the trailer without requiring an operator to scan corners of the trailer. In such embodiments, a portable device can be used to provide position information of the power machine, or a fixed positioning device on the power machine can likewise provide power machine positioning information. In still other embodiments, a fixed positioning device on the power machine can identify a position of the trailer when the power machine is located on the trailer. The illustration of the loader 900 and the trailer 910 are provided for reference during the discussion of method 700. The loaders are often moved to and from jobsites by pulling them while they are located on a trailer. Loading a loader onto a trailer can be a difficult task for an inexperienced operator." and [0093] "Returning again to block 710, in one embodiment, the trailer is located by identifying the four corners of the flatbed portion 940. This can be accomplished by using the portable device 980 to pin the corners. ... These points are collected and assigned a GPS location (i.e., they are “pinned”) by the portable device 980. It is generally understood that the GPS function on such portable devices are not necessarily accurate enough to identify the exact position of the trailer, but by interfacing with the augmented control controller 970, a correction can be made...").
Regarding claim 4, Pfaff in view of Cherney and Camara Puerto and Park teach the excavator according to claim 1, wherein the processing circuitry is configured to evaluate a stability of the excavator when the lower traveling structure automatically travels under own control, and to output alert information indicating that the excavator is unstable when the stability falls below another predetermined standard (see Cherney at least [0030] "...Stability control system 164 can generate control signals to avoid entering an unstable condition, or to control various portions of machine 100 so that it exits an unstable condition..." [0036] “…In the example illustrated, system 146 receives the sensor signals from in-rubber sensor systems 124. Those signals can provide values indicative of tire pressure 190, rubber temperature 192, contact patch size 194, acceleration vectors 196, velocity vectors 198, tire deflection 200, and tire load 202. As described above, the signals can be provided to conditioning logic 156 for signal conditioning, in order to obtain conditioned signals 204. The conditioned signals 204 are provided to system 156 for the extraction of various criteria that will be used by the items in control system 148 to control the controllable subsystems 150. Center of gravity identification logic 206 illustratively identifies the center of gravity of machine 100 based upon one or more of the signals. By way of example, using the load 202 on each of the tires, as well as knowing the configuration and/or dimension characteristics of machine 100, and further knowing the orientation of machine 100, logic 206 can identify the center of gravity of machine 100. It can identify a location of the center of gravity relative to the frame 102 of machine 100, relative to a polygon bounded by a line joining the contact patches of the various tires 108, or relative to machine 100 in other ways.” [0061]-[0063] "Control criteria extraction system 156 then extracts the control criteria from the sensor signals received from in-rubber sensor systems 124. Extracting the control criteria is indicated by block 284 in the flow diagram of FIG. 6. By way of example, center of gravity identifying logic 206 can identify vehicle center of gravity as indicated by block 286... Stability control system 164 then performs stability control operations. This is indicated by block 302. By way of example, instability detector 228 can identify an instability condition that indicates that machine 100 is in an unstable condition, or that it is about to become unstable. Identifying instability conditions is indicated by block 304. Remedial action identifier 230 then identifies a remedial action that can be taken to remedy the instability condition (the unstable condition in which machine 100 is currently in, or the condition that it is about to enter). Identifying remedial actions is indicated by block 306. In one example, vehicle control action identifier 232 identifies remedial vehicle control actions and implement control action identifier 234 identifies remedial implement control actions. Control signal generator 224 then generates control signals based upon the identified remedial actions. Having vehicle control logic 238 generate vehicle control signals to implement the remedial action is indicated by block 308. In another example, implement control logic 240 can also, or instead, generate implement control signals to implement the remedial action. This is indicated by block 310. Performing stability operations can include other items as well, and this is indicated by block 312. Some other items can, for instance, be to control an operator interface mechanism to alert operator 126 that an unstable condition exists, or is about to exist. This can involve controlling user interface mechanisms 128 in order to display an alert, to sound an alert, or to otherwise identify the instability condition to operator 126. Of course, there can be a wide variety of other stability control operations as well." – different predetermined standards may be determined according to the quantity and/or quality of criteria gathered via on-board sensors).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the machine capable of being loaded onto a trailer as disclosed by Pfaff with the detection of unstable conditions such as further taught by Cherney with a reasonable expectation of success to provide corrective actions and/or warnings against instable conditions experienced by the machine (see Cherney at least [0006] and [0023]).
Regarding claim 7, Pfaff in view of Cherney and Camara Puerto and Park teach the excavator according to claim 1, wherein the processing circuitry is configured to transmit, to the external device, a command for displaying a traveling path (see Pfaff at least Fig 11, [0078] “FIG. 7 shows the augmented control system 420 in more detail. The augmented control system 420 includes a controller 370, that includes an augmented control module 360 included therein. Controller 370, with an augmented control module 360 can be referred to in this discussion as an augmented controller. The phrase “augmented controller” refers to a controller such as controller 370 with an augmented control module that can provide control features such as those described herein. The controller 370 itself can be any suitable control module capable of running software from the augmented control module 360. In FIG. 6, the augmented control system 420 shown is a kit 400 with components which can be added to an existing loader to create system 400. Kit 500 includes components shown in both of FIGS. 6-7, and these components as described are to be understood to correspond to any of system 300, system 400 or kit 500. As shown, kit 500 includes augmented controller 370, which can be added to an existing loader to implement the augmentation functions of module 360 and to communicate control commands to the existing power system controller 302. In an example embodiment, the augmented controller 370 is provided by a programmable logic controller (PLC) unit with a display screen and user input capability to allow the operator to input user settings, place the loader in learn mode (described further below) and initiate the task cycle (described further below) as defined by the user. In other embodiments, various other types of controllers, including embedded controllers, can be employed as the augmented control controller 370.” and [0096]-[0098] "Once the loader 900 and the trailer 910 are located, at block 730 a path for the loader to travel onto the trailer is identified. In one embodiment, the method of identifying the path includes identifying a point 932 on the trailer 910 that represents the final place on the path, i.e., where the loader 900 will be when the method 700 is completed. Point 932 is centered between the left side 944 and the right side 946 of the trailer 910 and located at a position between the front end 948 and the rear end 950 to properly position the loader 900 on the trailer. For example, the point 932 can be selected to center the loader 900 over axles or sufficiently forward from the rear end 950 of the trailer 910. Additional points 934, 936, and 938 off and behind the trailer 910 and on a line that extends through points 930 and 932 provide a path to follow to move the loader onto the trailer. Once the path is identified, at block 740, the method includes driving the loader onto the trailer. The process includes moving the loader to the first point 934 so that the loader is aligned with the trailer. The loader 900 is then backed onto the trailer by moving the loader to the point 936, and then to point 938, and then to point 930. Moving from point 938 to point 930, the loader will back up the ramp 942. Finally, the loader moves to point 932 and the loader is positioned on the trailer. Driving the loader onto the trailer, in some embodiments, is initiated by a command from the portable controller 980. After the command is initiated (i.e., in response to a user input), the portable controller 980 can provide the user with a user input, that, when pressed or otherwise engaged (e.g. by a voice command), will command the augmented control controller 970 to stop the driving of the loader onto the trailer. The portable controller 980 is also capable of interfacing with the augmented control controller 970 or other controllers on the loader 900 to operate as a remote-control device to control the loader directly in response to commands provided by a user. The portable controller 980 can be configured to provide buttons, sliders and the like on a screen that an operator can interface to control functions on the loader 900 to control functions such as driving the loader, raising and lowering the lift arm, and the like. Alternatively, the portable controller 980 can interface with an input device 982 shown in FIG. 13 that has user input devices such as buttons, toggles, and joysticks that can be used to provide user input signals for controlling such functions of the loader. The interface can be via a wired connection or a wireless connection such as Bluetooth or other wireless communication protocol. Such a configuration can be used to drive the loader off of the trailer.") on a display unit of the external device (see Camara Puerto at least Figs 9-13 and [0046]-[0048] "Turning to FIGS. 11-13, as the work machine 26 moves forward, the processor will continually update the spatial map based on the newly obtained image data. Images of the updated map are transmitted to the display 48 in real-time. Likewise, representations of untraversed portions of the virtual path 38 are juxtaposed with the updated images on the display 48 in real-time. Providing real-time imagery of the untraversed portions of the virtual path 38 allows the operator to edit or extend the virtual path 38 as conditions are analyzed, as shown for example in FIG. 12. For example, terrain which may have previously been over the horizon or otherwise not viewable by the camera 44 may now be viewable. An operator may edit the virtual path 38 by inputting new waypoints 70 or a new section of path on the display 48, as shown in FIG. 12. The new path created by the new waypoints 70 must intersect with the virtual path 38 and be within the work machine's 26 steering tolerances. If, for example, the virtual path 38 is relatively straight and the operator's new section of path commands a steering direction that is significant, the system will notify the operator of an error. The processor will automatically update the path and project the updated virtual path 72 on the display 48, as shown in FIG. 12. Any waypoints 62 outside of the updated virtual path 72 will be deleted from the display 48, as shown in FIG. 13. The above described process will continue until the actual path is complete, as shown by steps 148-150 in FIG. 7.").
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 created path as taught by Pfaff in view of Cherney with a display screen depicting the path such as taught by Camara Puerto with a reasonable expectation of success so that the creation or modification of the path can be viewed by an operator (see Camara Puerto at least [0033]-[0034)).
Regarding claim 11, Pfaff in view of Cherney and Camara Puerto and Park teach the analogous material of that in claim 1 as recited in the instant claim and is rejected for similar reasons.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pfaff in view of Cherney and Camara Puerto and Park, and further in view of Wicks et al. (US-2015/0352721; hereinafter Wicks; already of record).
Regarding claim 5, Pfaff in view of Cherney and Camara Puerto and Park teach the excavator according to claim 1. However, neither Pfaff nor Cherney nor Camara Puerto nor Park explicitly disclose or teach the processing circuitry is configured to determine a presence or absence of a first obstacle in a traveling path from a position of the excavator to a predetermined position on the bed of the trailer when the trailer is behind the excavator, and to determine a presence or absence of a second obstacle in the traveling path from the position of the excavator to the predetermined position in the rear area of the trailer when the excavator is on the bed of the trailer.
Wicks, in the same field of endeavor, teaches the following:
the processing circuitry is configured to determine a presence or absence of a first obstacle in a traveling path from a position of the excavator to a predetermined position on the bed of the trailer when the trailer is behind the excavator (see Wicks at least [0040] "FIG. 1 illustrates an embodiment communication system 100 that includes an exemplary robotic carton unloader 101 configured with a plurality of sensor devices 102, 104, 106..." [0052] "...In other words, for the arm-mounted visual sensor 210, no sensing may be conducted while the robotic arm 115 is in motion..." [0132] "...Such a control and vision system may include various visualization sensors 1501 (e.g., camera, etc.), ... and may be capable of controlling and automating the unloading process, and driving and steering the robotic carton unloader 1500 into and out of unloading areas (e.g., semi-trailers) before, during, and after the unloading process. In an embodiment, a sensor 1501, such as a Kinect version 1 or Kinect version 2 sensor, may be mounted on the manipulator head 1532 to enable the vision system to image a portion of the carton wall and provide indications of detected boxes to the PLC controlling the robotic carton unloader 1500..." [0136] "...In various embodiments, the vision system may image the unloading area and provide indications of any detected boxes (or cartons) in the unloading area by performing operations of one or more of methods 1700, 1800A, and 1800B described below with reference to FIGS. 17, 18A, and 18B..." [0141] "...For example, the processor may analyze the image including the detected edges to determine the area or interest (e.g., the unloading area), such as the inside of the truck/trailer to be unload bounded by the walls, ceiling, and floor of the truck. Additionally, the processor may detect and account for irregularities in the truck/trailer, such as a step up, back wall, half wall, etc. within the truck/trailer..."), and to determine a presence or absence of a second obstacle in the traveling path from the position of the excavator to the predetermined position in the rear area of the trailer when the excavator is on the bed of the trailer (see Wicks at least [0040] "FIG. 1 illustrates an embodiment communication system 100 that includes an exemplary robotic carton unloader 101 configured with a plurality of sensor devices 102, 104, 106..." [0052] "...In other words, for the arm-mounted visual sensor 210, no sensing may be conducted while the robotic arm 115 is in motion..." [0132] "...Such a control and vision system may include various visualization sensors 1501 (e.g., camera, etc.), ... and may be capable of controlling and automating the unloading process, and driving and steering the robotic carton unloader 1500 into and out of unloading areas (e.g., semi-trailers) before, during, and after the unloading process. In an embodiment, a sensor 1501, such as a Kinect version 1 or Kinect version 2 sensor, may be mounted on the manipulator head 1532 to enable the vision system to image a portion of the carton wall and provide indications of detected boxes to the PLC controlling the robotic carton unloader 1500..." [0136] "...In various embodiments, the vision system may image the unloading area and provide indications of any detected boxes (or cartons) in the unloading area by performing operations of one or more of methods 1700, 1800A, and 1800B described below with reference to FIGS. 17, 18A, and 18B..." [0141] "...For example, the processor may analyze the image including the detected edges to determine the area or interest (e.g., the unloading area), such as the inside of the truck/trailer to be unload bounded by the walls, ceiling, and floor of the truck. Additionally, the processor may detect and account for irregularities in the truck/trailer, such as a step up, back wall, half wall, etc. within the truck/trailer...").
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 machine capable of being loaded onto a trailer as disclosed by Pfaff with detection of objects in/on a trailer specifically such as taught by Wicks with a reasonable expectation of success to allow for monitoring of a trailer’s occupancy, such as an extent to which the trailer is loaded, for reasons such as determining that more items (or a machine itself) may be loaded onto the trailer (see Wicks at least [0002]-[0003)).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Pfaff in view of Cherney and Camara Puerto and Park, and further in view of Kozui et al. (US-10,876,273; hereinafter Kozui; already of record).
Regarding claim 9, Pfaff in view of Cherney and Camara Puerto and Park teach the excavator according to claim 1. However, neither Pfaff nor Cherney nor Camara Puerto nor Park explicitly disclose or teach the following:
a plurality of actuators including a traveling actuator configured to drive the lower traveling structure and a turning actuator configured to drive the upper turning structure,
wherein the processing circuitry is configured to stop the actuators prior to a start of operation of the actuators when it is determined that a person is within a predetermined range from the excavator based on the output of the sensor.
Kozui, in the same field of endeavor, teaches the following:
a plurality of actuators including a traveling actuator configured to drive the lower traveling structure and a turning actuator configured to drive the upper turning structure (see Kozui at least col 2 line 44 to col 3 line 10; "With reference to FIGS. 1 to 9, a construction machine 1 of a first embodiment will be described. The construction machine 1, which is a machine that conducts work such as construction work and is a machine that conducts work such as digging work, is, for example, a shovel, or a hydraulic excavator. The construction machine 1 includes a lower travelling body 10, an upper slewing body 20, an upper attachment 30, and a control system 40 (see FIG. 2). The lower travelling body 10 is a part of the construction machine 1 which travels on the ground. As shown in FIG. 5, the lower travelling body 10 includes a lower main body 11 (a main body portion), and a pair of right and left crawlers 13. To the lower main body 11, a lower attachment (structure) such as a dozer may be attached in some cases. The lower attachment is included in the lower travelling body 10. The right and left crawlers 13 are attached to a left side portion and a right side portion of the lower main body 11. As shown in FIG. 1, directions in which the respective crawlers 13 extend are considered to be a lower travelling body front-rear direction Xa. In the lower travelling body front-rear direction Xa, one side (or one direction) is considered to be a lower travelling body front side Xa1 and an opposite side thereto is considered to be a lower travelling body rear side Xa2. An actuator which operates each of the pair of right and left crawlers 13, for example, a travelling motor formed with a hydraulic motor, is provided in a part of the lower travelling body 10 on the lower travelling body rear side Xa2. The upper slewing body 20 is attached to the lower travelling body 10 so as to be turnable around a center of turn O with respect to the lower travelling body 10. The lower travelling body 10 is provided with a turning device which rotatably supports the upper slewing body 20."),
wherein the processing circuitry is configured to stop the actuators prior to a start of operation of the actuators when it is determined that a person is within a predetermined range from the excavator based on the output of the sensor (see Kozui at least col 9 lines 11-27; "The control section 41 changes a kind (travelling, turning) of operation to be limited according to a position in the monitoring region R from which an obstacle has been detected, and according to the turn angle α. The control section 41 changes a kind of operation to be limited according to from which region of the left side monitoring region R1, the right side monitoring region R2, and the rear side monitoring region R3, an obstacle has been detected. In other words, the control section includes a to-be-limited operation changing section which changes a kind of operation to be limited based on a position in the monitoring region from which an obstacle has been detected, and the turn angle α. A specific example of a relationship among the turn angle α, a region from which an obstacle has been detected, and a kind of operation to be limited is shown in Table 1. This relationship can be changed.").
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 machine as disclosed by Pfaff with obstacle detection and corresponding controls such as taught by Kozui with a reasonable expectation of success so as to avoid interference with a detected obstacle (see Kozui at least col 10 lines 48-52).
Regarding claim 10, Pfaff in view of Cherney and Camara Puerto and Park teach excavator according to claim 1. However, neither Pfaff nor Cherney nor Camara Puerto nor Park explicitly disclose or teach the following:
a plurality of actuators including a traveling actuator configured to drive the lower traveling structure and a turning actuator configured to drive the upper turning structure,
wherein the processing circuitry is configured to disable the actuators prior to a start of operation of the actuators when it is determined that a person is within a predetermined range from the excavator based on the output of the sensor, even when the predetermined command is received.
Kozui, in the same field of endeavor, teaches the following:
a plurality of actuators including a traveling actuator configured to drive the lower traveling structure and a turning actuator configured to drive the upper turning structure (see Kozui at least col 2 line 44 to col 3 line 10; "With reference to FIGS. 1 to 9, a construction machine 1 of a first embodiment will be described. The construction machine 1, which is a machine that conducts work such as construction work and is a machine that conducts work such as digging work, is, for example, a shovel, or a hydraulic excavator. The construction machine 1 includes a lower travelling body 10, an upper slewing body 20, an upper attachment 30, and a control system 40 (see FIG. 2). The lower travelling body 10 is a part of the construction machine 1 which travels on the ground. As shown in FIG. 5, the lower travelling body 10 includes a lower main body 11 (a main body portion), and a pair of right and left crawlers 13. To the lower main body 11, a lower attachment (structure) such as a dozer may be attached in some cases. The lower attachment is included in the lower travelling body 10. The right and left crawlers 13 are attached to a left side portion and a right side portion of the lower main body 11. As shown in FIG. 1, directions in which the respective crawlers 13 extend are considered to be a lower travelling body front-rear direction Xa. In the lower travelling body front-rear direction Xa, one side (or one direction) is considered to be a lower travelling body front side Xa1 and an opposite side thereto is considered to be a lower travelling body rear side Xa2. An actuator which operates each of the pair of right and left crawlers 13, for example, a travelling motor formed with a hydraulic motor, is provided in a part of the lower travelling body 10 on the lower travelling body rear side Xa2. The upper slewing body 20 is attached to the lower travelling body 10 so as to be turnable around a center of turn O with respect to the lower travelling body 10. The lower travelling body 10 is provided with a turning device which rotatably supports the upper slewing body 20."),
wherein the processing circuitry is configured to disable the actuators prior to a start of operation of the actuators when it is determined that a person is within a predetermined range from the excavator based on the output of the sensor, even when the predetermined command is received (see Kozui at least col 9 lines 11-27; "The control section 41 changes a kind (travelling, turning) of operation to be limited according to a position in the monitoring region R from which an obstacle has been detected, and according to the turn angle α. The control section 41 changes a kind of operation to be limited according to from which region of the left side monitoring region R1, the right side monitoring region R2, and the rear side monitoring region R3, an obstacle has been detected. In other words, the control section includes a to-be-limited operation changing section which changes a kind of operation to be limited based on a position in the monitoring region from which an obstacle has been detected, and the turn angle α. A specific example of a relationship among the turn angle α, a region from which an obstacle has been detected, and a kind of operation to be limited is shown in Table 1. This relationship can be changed.").
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 machine as disclosed by Pfaff with obstacle detection and corresponding controls such as taught by Kozui with a reasonable expectation of success so as to avoid interference with a detected obstacle (see Kozui at least col 10 lines 48-52).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Pfaff in view of Cherney and Park.
Regarding claim 14, Pfaff discloses an excavator (see Pfaff at least Abs) comprising:
…
…
a sensor configured to recognize an object in a three-dimensional space around the excavator (see Pfaff at least [0082] "...Examples of RTK position sensors that can be used to determine position and movement when the operator places the system into learn mode include RTK global positioning system (GPS) sensors, inertial measurement unit (IMU) inclinometers, ultrasonic sensors, low power radar, and radio frequency (RF) distance measuring devices."); and
a processing circuitry provided in the [excavator] (see Pfaff at least [0071] “...A power system controller 302 is in communication with the power conversion system 324. The power system controller 302 provides control signals to components in the power conversion system to direct the provision of converted power to the work elements. The power system controller 302 provides these control signals in response to inputs from various sources such as user input devices 350 or other controllers on the power machine.”) and configured to automatically (see Pfaff at least [0044] “...Subsequently, the loader can be commanded to automatically perform the series of recorded operations in order to repeatedly perform the task as many times as specified to complete a work project...”) cause the [excavator] to travel either toward a bed of a trailer or from the bed to a rear area of the trailer (see Pfaff at least Fig 11, [0080] "While user inputs 350 (e.g., joystick controls, touchscreen displays, etc.) of the loader can be used, a remote-control device 352 can optionally be included to allow control of the loader by an operator not seated in the operator compartment of the machine..." [0096] "Once the loader 900 and the trailer 910 are located, at block 730 a path for the loader to travel onto the trailer is identified. In one embodiment, the method of identifying the path includes identifying a point 932 on the trailer 910 that represents the final place on the path, i.e., where the loader 900 will be when the method 700 is completed. Point 932 is centered between the left side 944 and the right side 946 of the trailer 910 and located at a position between the front end 948 and the rear end 950 to properly position the loader 900 on the trailer. For example, the point 932 can be selected to center the loader 900 over axles or sufficiently forward from the rear end 950 of the trailer 910. Additional points 934, 936, and 938 off and behind the trailer 910 and on a line that extends through points 930 and 932 provide a path to follow to move the loader onto the trailer." [0097] "Once the path is identified, at block 740, the method includes driving the loader onto the trailer. The process includes moving the loader to the first point 934 so that the loader is aligned with the trailer. The loader 900 is then backed onto the trailer by moving the loader to the point 936, and then to point 938, and then to point 930. Moving from point 938 to point 930, the loader will back up the ramp 942. Finally, the loader moves to point 932 and the loader is positioned on the trailer. Driving the loader onto the trailer, in some embodiments, is initiated by a command from the portable controller 980. After the command is initiated (i.e., in response to a user input), the portable controller 980 can provide the user with a user input, that, when pressed or otherwise engaged (e.g. by a voice command), will command the augmented control controller 970 to stop the driving of the loader onto the trailer."),
wherein the processing circuitry is further configured to
determine whether a ramp plate is installed at a rear of the trailer (see Pfaff at least [0092] "...The loader 900 will use the ramp to move up onto or down off the flatbed 940." and [0103] "At block 1104, method 1100 includes identifying a loader position at a first location using a first GPS receiver. The first GPS receiver can be the GPS receiver in portable controller 1080 placed at a particular position on loader 1000. FIG. 16 illustrates loader 1000 at a first location 1060 with the portable controller 1080 positioned to identify the loader location..." – detecting and utilizing a trailer’s ramp by way of a GPS receiver positioned at a particular position on the trailer),
…
start automatically (see Pfaff at least [0044] “...Subsequently, the loader can be commanded to automatically perform the series of recorded operations in order to repeatedly perform the task as many times as specified to complete a work project...”) causing the [excavator] to travel either toward the bed of the trailer or from the bed to the rear area of the trailer, in response to determining that the ramp plate is installed at the rear of the trailer (see Pfaff at least [0092] "...The loader 900 will use the ramp to move up onto or down off the flatbed 940." [0096]-[0097] "Once the loader 900 and the trailer 910 are located, at block 730 a path for the loader to travel onto the trailer is identified. In one embodiment, the method of identifying the path includes identifying a point 932 on the trailer 910 that represents the final place on the path, i.e., where the loader 900 will be when the method 700 is completed... Once the path is identified, at block 740, the method includes driving the loader onto the trailer. The process includes moving the loader to the first point 934 so that the loader is aligned with the trailer. The loader 900 is then backed onto the trailer by moving the loader to the point 936, and then to point 938, and then to point 930. Moving from point 938 to point 930, the loader will back up the ramp 942. Finally, the loader moves to point 932 and the loader is positioned on the trailer. Driving the loader onto the trailer, in some embodiments, is initiated by a command from the portable controller 980. After the command is initiated (i.e., in response to a user input), the portable controller 980 can provide the user with a user input, that, when pressed or otherwise engaged (e.g. by a voice command), will command the augmented control controller 970 to stop the driving of the loader onto the trailer." [0103] "At block 1104, method 1100 includes identifying a loader position at a first location using a first GPS receiver. The first GPS receiver can be the GPS receiver in portable controller 1080 placed at a particular position on loader 1000. FIG. 16 illustrates loader 1000 at a first location 1060 with the portable controller 1080 positioned to identify the loader location..." – detecting and utilizing a trailer’s ramp by way of a GPS receiver positioned at a particular position on the trailer) …
stop said automatically causing the [excavator] to travel, in response to determining that the ramp plate is not installed at the rear of the trailer … after starting said control (see Pfaff at least [0105] “...As shown at block 1116, the loader is then driven using the recalculated position of the obstruction or obstruction zone to avoid contact with the obstacle. This can include autonomous or augmented control of the loader 1000, by augmented control controller 1070, to steer the loader away from contact with the obstacle 1002, to stop travel of the loader if the travel path approaches the obstruction zone, to provide warnings to an operator if the loader approaches the obstacle, and/or by other augmented control actions as discussed above. Generally, once the obstruction zone or area is defined, the loader will not be allowed to enter the obstruction zone, whether the loader is being operated by an on-board operator, by a remote operator, or by a preprogrammed routine (e.g., autonomously).” – obstruction/obstacle such as a ramp not being in position prevents aligning machine with points on trailer).
However, Pfaff does not explicitly disclose the following:
…a lower traveling structure…
…an upper turning structure which is turnably mounted to the lower traveling structure…
…a processing circuitry provided in the upper turning structure…
…determining, while the excavator is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor…
…determining … that the horizontal level of the ramp plate satisfies the first predetermined standard…
…determining … that the horizontal level of the ramp plate does not satisfy the first predetermined standard, or that stability of posture of the excavator is below a second predetermined standard…
Cherney, in the same field of endeavor, teaches the following:
…a lower traveling structure (see Cherney at least Fig 8 and [0070] “FIG. 8 is similar to FIGS. 1 and 7 above, except that the mobile work machine comprises an excavator 352 or any other machine in which the ground-engaging elements are rubber tracks 370. In the example shown in FIG. 8, excavator 352 has an operator's compartment 356, movable elements 358 and 360 as well as bucket 362. The movement of elements 358 and 360 and bucket 362 are controlled by actuators 364, 366 and 368, respectively. Excavator 352 also has an engine with a transmission that drives rotation of tracks 370. Each of the tracks 370 illustratively has an in-rubber sensor system 124 that provides the same type of information discussed above. Thus, the type of information that can be used from sensor 124 includes the track pressure, the rubber temperature of track 370, the acceleration and velocity vectors detected in track 370, any type of track deflection, the load on track 370, the size of the contact patch (or the length of the contact patch) among a wide variety of other information. This can be used by control criteria extraction system 156 to extract a wide variety of different control criteria, such as those described above with respect to FIG. 3, or other criteria, that can be used to control excavator 352.”)…
…an upper turning structure which is turnably mounted to the lower traveling structure (see Cherney at least Fig 8 and [0070] “FIG. 8 is similar to FIGS. 1 and 7 above, except that the mobile work machine comprises an excavator 352 or any other machine in which the ground-engaging elements are rubber tracks 370. In the example shown in FIG. 8, excavator 352 has an operator's compartment 356, movable elements 358 and 360 as well as bucket 362. The movement of elements 358 and 360 and bucket 362 are controlled by actuators 364, 366 and 368, respectively. Excavator 352 also has an engine with a transmission that drives rotation of tracks 370. Each of the tracks 370 illustratively has an in-rubber sensor system 124 that provides the same type of information discussed above. Thus, the type of information that can be used from sensor 124 includes the track pressure, the rubber temperature of track 370, the acceleration and velocity vectors detected in track 370, any type of track deflection, the load on track 370, the size of the contact patch (or the length of the contact patch) among a wide variety of other information. This can be used by control criteria extraction system 156 to extract a wide variety of different control criteria, such as those described above with respect to FIG. 3, or other criteria, that can be used to control excavator 352.”)…
…a processing circuitry provided in the upper turning structure (see Cherney at least Fig 1, Fig 2, Fig 8, [0027], and [0070])…
…
…
…
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 machine capable of being loaded onto a trailer as disclosed by Pfaff with the structural components and capability of detecting unstable conditions such as taught by Cherney with a reasonable expectation of success to illustrate control of the machine with respect to its various components and provide corrective actions and/or warnings against unstable conditions experienced by the machine (see Cherney at least [0001], [0006], and [0023]).
However, neither Pfaff nor Cherney explicitly disclose or teach the following:
…determining, while the excavator is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor…
…determining … that the horizontal level of the ramp plate satisfies the first predetermined standard…
…determining … that the horizontal level of the ramp plate does not satisfy the first predetermined standard, or that stability of posture of the excavator is below a second predetermined standard…
Park, in the same field of endeavor, teaches the following:
…determining, while the [machine] is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor (see Park at least Fig 5, [0039] "As will be discussed in greater detail in the paragraphs which follow, the apparatus of the invention uses an inclinometer sensor that is connected to a structural element of the RV to measure angles relative to a predetermined value that has been stored in the microcomputer of the apparatus during the sensor calibration process..." and [0075] "...With the trailer thusly in position, the user presses the "check level" button on the DDI 14. This action by the user causes the microcomputer to convert the inclinometer, or inclinometer outputs to pitch and roll angles and then determines whether or not the angles are acceptable. If the angles are acceptable the visual display element 64 displays a message "within the limits". If the angles are not acceptable, the visual display displays suggested wheel and tongue jack blocking corrections to bring the trailer correctly into level.")…
…determining … that the horizontal level of the ramp plate satisfies the first predetermined standard (see Park at least Fig 5 and [0075] "...With the trailer thusly in position, the user presses the "check level" button on the DDI 14. This action by the user causes the microcomputer to convert the inclinometer, or inclinometer outputs to pitch and roll angles and then determines whether or not the angles are acceptable. If the angles are acceptable the visual display element 64 displays a message "within the limits". If the angles are not acceptable, the visual display displays suggested wheel and tongue jack blocking corrections to bring the trailer correctly into level.")…
…determining … that the horizontal level of the ramp plate does not satisfy the first predetermined standard, or that stability of posture of the excavator is below a second predetermined standard (see Park at least Fig 5 and [0075] "...With the trailer thusly in position, the user presses the "check level" button on the DDI 14. This action by the user causes the microcomputer to convert the inclinometer, or inclinometer outputs to pitch and roll angles and then determines whether or not the angles are acceptable. If the angles are acceptable the visual display element 64 displays a message "within the limits". If the angles are not acceptable, the visual display displays suggested wheel and tongue jack blocking corrections to bring the trailer correctly into level.")…
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 detection of a ramp plate as disclosed by Pfaff with a determination of ramp levelness such as taught by Park with a reasonable expectation of success for the sake of accurate and safe leveling of a trailer for future loading operations (see Park at least [0041]).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Pfaff in view of Cherney and Camara Puerto and Park, and further in view of Yoon et al. (US-2019/0204821; hereinafter Yoon; already of record).
Regarding claim 17, Pfaff in view of Cherney and Camara Puerto and Park teach the excavator as claimed in claim 1, wherein the processing circuitry is configured to transmit the command to the external device, the command requesting the external device to display a plurality of icons including respective texts corresponding to the plurality of different operations that are performed during the control of automatically causing the lower traveling structure to travel (see Camara Puerto at least [0034] "In order to create the virtual path 38, the operator 27 may input a plurality of waypoints 62 on the image that originate from the target symbol 60, as shown in FIG. 9. The processor may automatically connect the waypoints 62 to create the virtual path 38, as shown in FIG. 10. Alternatively, the operator may create the virtual path 38 by inputting a line on the displayed image and the processor may subsequently identify a plurality of waypoints 62 within the line." and [0036] "Continuing with FIGS. 6, 9 and 10, prior to activating the work machine 26, the operator may select the operating parameters for the work machine 26, as shown by step 115. Such parameters may include the speed, rpm, motor load, depth of work tool, etc. The parameters may be selected on the remote display 48, as shown for example in box 66 in FIGS. 9-13." – icons and text equated to waypoints and associated parameters), and …
the texts corresponding to the plurality of different operations include a text indicating an operation of said determining, while the excavator is not on the ramp plate, whether a horizontal level of the ramp plate extending from the rear of the trailer onto ground satisfies a predetermined standard, based on an output of the sensor (see Park at least [0075]).
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 remote controlled device as disclosed by Pfaff with icons displaying parameters of operation such as further taught by Camara Puerto with a reasonable expectation of success to assist with comparing actual machine operations against a desired command that may be displayed on the remote controlled device (see Camara Puerto at least [0002]).
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 remote controlled device as disclosed by Pfaff with information pertaining to the levelness of the trailer and associated components such as further taught by Park with a reasonable expectation of success for the sake of informing a user in a simple and effective manner (see Park at least [0012]-[0013]).
However, neither Pfaff nor Cherney nor Camara Puerto nor Park explicitly disclose or teach the following:
…to indicate, with a cursor, one of the plurality of different operations that is currently in execution.
Yoon, in the same field of endeavor, teaches the following:
…to indicate, with a cursor, one of the plurality of different operations that is currently in execution (see Yoon at least Fig 4-15 and [0086] "...As in FIGS. 4A to 4L, the available remote control mode screen may be displayed on the screen of the remote parking control apparatus 100, and movement of the vehicle in the corresponding direction may be controlled if the user selects one of the activated arrow buttons.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the remote controlled device as disclosed by Pfaff with a cursor which indicates an action that has been selected and/or is in progress such as taught by Yoon with a reasonable expectation of success so as to display a user’s intentions for verification that a selection to a corresponding command has been made correctly (see Yoon at least [0009]-[0015]).
Regarding claim 18, Pfaff in view of Cherney and Camara Puerto and Park, and further in view of Yoon teach the analogous material of that in claim 17 as recited in the instant claim and is rejected for similar reasons.
Allowable Subject Matter
Claims 20-23 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smithson (US-2013/0323006) depicts a trailer capable of receiving an excavator/machinery, the trailer including guide rails for aligning the excavator/machinery with the trailer, the trailer also including a ramp for the excavator/machinery to load onto the trailer.
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 extension fee 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 date of this final action.
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/S.P.R./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663