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 .
Response to Amendment
Applicant submitted amendments and remarks on November 3, 2025. Therein, Applicant submitted substantive arguments. Claims 1, 8, and 15 have been amended. No claims were added or cancelled.
The submitted claims are considered below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4, 6-17, 19-20, and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Fleischmann, et al. (U.S. Patent No. 9435105) in view of Hennemann, et al. (U.S. Patent No. 8875506) and in further view of Toda, et al. (U.S. Patent No. 7637039) and in further view of Meehan (U.S. Patent Application Publication No. 20130195681).
Regarding claim 1, Fleischmann, et al. teaches: A method performed by a controller of a machine, the method comprising: receiving a first input indicating that the machine is performing a lifting operation; (Method (400), Fig. 4, Col. 7, lines 39-43: "…control system (200) [controller] […] first operating mode [lifting operation].")
determining that the machine is operating in a first lifting mode associated with a first lifting capacity during the lifting operation, (Fig. 3, Col. 7, lines 10-14: "…first operating mode [operating in first lifting mode] […] pump outlet pressure can fluctuate between the first pressure (P1) and the second pressure (P2) [range - first lifting capacity].")
wherein, in the first lifting mode, a pressure of a hydraulic pump of the machine is between a first value and a second value that exceeds the first value; (Col. 7, lines 43-48: "…the hydraulic control system (208) [hydraulic pump] […] between [between] a first pressure (P1) [first value] and a second pressure (P2) [second value]. […] 0 psi or more [exceeds the first value]")
receiving, from a first sensor device associated with the hydraulic pump, first sensor data indicating a current value for the pressure of the hydraulic pump, during the lifting operation; (Block (404), Fig. 4, Col. 8, lines 20-22: "…sensor (242) [sensor device] monitors the pump load sense pressure (254) [current pressure of hydraulic pump].")
determining that the current value for the pressure of the hydraulic pump satisfies a first threshold value between the first value and the second value associated with the first lifting mode; (Block (406), Fig. 4, Col. 8, lines 23-36: "…stall condition is reached. […] A threshold pressure [second value] […] load sense pressure [current value] […] continuously compare the load sense pressure to the threshold pressure [determining that current value is approaching the second value].")
receiving, after determining that the current value for the pressure of the hydraulic pump is approaching the second value associated with the first lifting mode, (Block (408), Fig. 4, Col. 8, lines 36-40: "…detecting the stall condition [determining current value is approaching second value], the sensor (234) can also communicate a signal to the controller (202) [second input] indicative of an active stall condition in block (408) [continuing to perform lifting operation]").
Fleischmann, et al. does not teach wherein the second lifting capacity exceeds the first lifting capacity.
In a similar field of endeavor (work vehicle lifting performance modes), Hennemann, et al. teaches: wherein the second lifting capacity exceeds the first lifting capacity (Col. 3, lines 23-33: "…activates the fluid circuit to operate in a different mode (78), an enhanced lift mode or boost mode [second lifting mode], by increasing the fluid pressure in the fluid circuit. […] the lifting capacity is enhanced or increased by a predetermined amount [second lifting capacity], such as by 10 percent [exceeds first lifting capacity] in one embodiment.").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Fleischmann, et al. to include the teaching of Hennemann, et al. based on a reasonable expectation of success and motivation to improve the selective lifting performance of work vehicles (Hennemann, et al. Col. 1, lines 33-35, Col. 2, lines 6-9).
The combination of Fleischmann, et al. and Hennemann, et al. does not teach at least one of: second sensor data, from a second sensor device associated with a boom of the machine, indicating that a pressure associated with a movement of the boom satisfies a second threshold value associated with the boom, third sensor data, from a third sensor device associated with a stick of the machine, indicating that a pressure associated with a movement of the stick satisfies a third threshold value associated with the stick, or fourth sensor data, from a fourth sensor device associated with a working tool of the machine, indicating that a pressure associated with a movement of the working tool satisfies a fourth threshold value associated with the working tool; determining, based on receiving the at least one of the second sensor data, the third sensor data, or fourth sensor data, that the machine is continuing to perform the lifting operation; and prior to the current value for the pressure reaching the second value.
In a similar field of endeavor (controlling hydraulic pump for working machines), Toda, et al. teaches: at least one of: second sensor data, from a second sensor device associated with a boom of the machine, indicating that a pressure associated with a movement of the boom satisfies a second threshold value associated with the boom, third sensor data, from a third sensor device associated with a stick of the machine, indicating that a pressure associated with a movement of the stick satisfies a third threshold value associated with the stick, or fourth sensor data, from a fourth sensor device associated with a working tool of the machine, indicating that a pressure associated with a movement of the working tool satisfies a fourth threshold value associated with the working tool; (Col. 10, lines 29-38: "… bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [sensor device associated with working tool]" ; Col. 10, lines 45-53: "…displacement control of the hydraulic pump is kept performed, the extending speed of the lift cylinder (13) is low because the discharge amount of the hydraulic pump is small, and therefore, the rising speed of the bucket (12) is low, thus reducing the efficiency of the operation. Therefore, when the bucket (12) is at the predetermined height, the displacement control of the hydraulic pump is stopped to enhance the rising speed of the bucket (12) in this embodiment [pressure associated with movement of working tool and threshold value]")
determining, based on receiving the at least one of the second sensor data, the third sensor data, or fourth sensor data, that the machine is continuing to perform the lifting operation; (Step (108), Col. 10, lines 64-67: "In the case of NO in step (118), the controller (50) determines that the excavating operation is continued, and proceeds to step (108). During this time, the hydraulic pump displacement reducing control is carried out [fourth sensor data - machine is continuing lifting operation].")
and prior to the current value for the pressure of the hydraulic pump reaching the second value (Step (103), Fig. 5, Col. 8, lines 44-48: "…the controller (50) determines whether the state in which the lift cylinder bottom pressure [current pressure] is the predetermined pressure P [second value] or lower lasts for a predetermined time (for example, one second) or more, or not [measures specific time difference in order to determine when lifting capacity pressure reading changes to identify when pressure approaches second value].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Fleischmann, et al. and Hennemann, et al. to include the teaching of Toda, et al. based on a reasonable expectation of success and motivation to improve the detection of a working vehicle under an excavating operation (Toda, et al. Col. 2, lines 28-35).
The combination of Fleischmann, et al., Hennemann, et al., and Toda, et al. does not teach and automatically controlling, without operator intervention, the machine to transition from operating in the first lifting mode to operating in a second lifting mode associated with a second lifting capacity, as part of the lifting operation, the continuing to perform the lifting operation to the exclusion of transitioning into a stall condition including continued movement of the working tool at a time of the transition to the second lifting mode, and wherein the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode.
In a similar field of endeavor (method for obtaining range of lifting speeds), Meehan teaches: and automatically controlling, without operator intervention, (Paragraph [0055]: “In a fifth step (1010), the engine speed, pump displacement, and lifting valve position are automatically controlled to maintain the required lifting speed, or a correlated set point, based on the lifting lever position. By use of the term "automatically controlled" it is meant to define the control of the engine, pump, and control valve as being controlled by the control system (500) [automatic control]”)
the machine to transition from operating in the first lifting mode to operating in a second lifting mode associated with a second lifting capacity, as part of the lifting operation, the continuing to perform the lifting operation to the exclusion of transitioning into a stall condition including continued movement of the working tool at a time of the transition to the second lifting mode, (Meehan Paragraph [0056]: “During this step, the electronic control unit (502) can also implement an anti-stall algorithm to increase engine speed and/or decrease pump displacement to prevent the engine (104) from stalling under heavier loads [exclusion of stall condition].”)
and wherein the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode (Paragraph [0033]: “the pump/motor control pressure valve (220) [hydraulic pump/pressure]” ; Paragraph [0057]: “During execution of the fifth step (1010), the engine, pump, and valve may be staged to modulate between minimum and maximum operating points together sequentially, simultaneously, or in overlapping fashion. For example, and as described later in more detail, the valve may first modulate from its minimum nominal flow to a maximum flow in a first zone of operation followed by the pump being increased from minimum to a maximum displacement in a second zone of operation [process – second value associated with first lifting mode is maximum value of pressure in first lifting mode]”).
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Fleischmann, et al., Hennemann, et al., and Toda, et al. to include the teaching of Meehan based on a reasonable expectation of success and motivation to improve the process of automatic control in order to satisfy a required lifting speed (Meehan Paragraphs [0003 – [0004]).
Regarding claim 2, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 1, and in a further embodiment, teach: The method of claim 1, wherein, in the second lifting mode, the pressure of the hydraulic pump of the machine is between a third value and a fourth value that exceeds the third value; (Fleischmann, et al. Block (414), Col. 9, lines 46-56: "…adjusted to a higher pressure between [exceeds the second value] the second pressure (P2) [second value] and the third pressure (P3) [third value] […] operator continues to request additional lifting or digging force, the pressure can be metered to meet these expectations [fourth value - goes beyond third value previously mentioned]. […] block (414) can induce the control valve (252) to move to a position that restricts an opening through which fluid passes [desired pressure], thereby increasing or boosting fluid pressure exiting the valve.")
and wherein the third value exceeds the second value associated with the first lifting mode (Fleischmann, et al. Fig. 3, Col. 9, lines 46-49: "…adjusted to a higher pressure between [exceeds the second value] the second pressure (P2) [second value] and the third pressure (P3) [third value]").
Regarding claim 4, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 1, and in a further embodiment, teach: The method of claim 1, wherein automatically controlling causing the machine to transition from operating in the first lifting mode to operating in the second lifting mode includes: based on determining that the machine is continuing to perform the lifting operation; (Fleischmann, et al. Block (408), Fig. 4, Col. 8, lines 37-40: "…detecting the stall condition [determining current value is approaching second value], the sensor (234) can also communicate a signal to the controller (202) [second input] indicative of an active stall condition in block (408) [continuing to perform lifting operation]")
determining that additional lifting capacity is to be provided for the lifting operation (Hennemann, et al. Col. 3, lines 23-26: "…work vehicle requires enhanced lifting capacity [additional lifting capacity is to be provided], […] mode operations switch (74) [lifting operations].")
and causing the machine to transition from operating in the first lifting mode to operating in the second lifting mode based on determining that the additional lifting capacity is to be provided for the lifting operation (Hennemann, et al. Col. 4, lines 13-16: "…a configuration in which the controller automatically controls the operation of the motor [causing automatic transition]" ; Hennemann, et al. Col. 3, lines 23-33: "…work vehicle requires enhanced lifting capacity [additional lifting capacity is to be provided], […] activates the fluid circuit to operate in a different mode (78), an enhanced lift mode or boost mode [second lifting mode], by increasing the fluid pressure in the fluid circuit.").
Regarding claim 6, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 1, and in a further embodiment, teach: The method of claim 1, wherein, in the first lifting mode, a velocity of a hydraulic cylinder associated with performing the lifting operation, is a first velocity; (Fleischmann, et al. Col. 12, lines 14-20: "…method (400) […] monitor input commands to control a cylinder velocity [hydraulic cylinder velocity]. […] graphical representation (500) of input command (e.g., operator velocity request) [lifting operation]")
and wherein automatically controlling the machine to transition from operating in the first lifting mode to operating in the second lifting mode comprises: causing the velocity of the hydraulic cylinder to be decreased from the first velocity to a second velocity associated with the second lifting mode includes: (Hennemann, et al. Col. 4, lines 13-16: "…controller automatically controls the operation of the motor [causing automatic function]" ; Hennemann, et al. Col. 3, lines 23-38: "…mode operations switch (74) being enabled [second lifting mode], controller (76) reduces speed of motor (80) [decreases from first velocity to second velocity], and activates the fluid circuit to operate in a different mode (78), […] Although the lifting capacity is enhanced, by virtue of increased fluid pressure in the fluid circuit, the fluid flow provided during the time of increased fluid pressure is simultaneously reduced [decreased hydraulic cylinder flow velocity].").
Regarding claim 7, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 1, and in a further embodiment, teach: The method of claim 1, wherein receiving the first input comprises: receiving the first input from one or more operator controls of the machine (Fleischmann, et al. Block (420), Fig. 4, Col. 10, lines 56-66: "…operator requests [one or more operator controls of the machine] a return to the first operating mode [first input]. […] the controller (202) can return the machine (100) to the first operating mode [first input].").
Regarding claim 8, Fleischmann, et al. teaches: A system comprising: (Fig. 2, Col. 4, lines 43-46: "…machine (100) can include a control system [system]").
a plurality of sensor devices, of a machine, comprising: (Fig. 2, Col. 6, lines 37-42: "…pressure sensors [sensor devices]")
a first sensor device associated with a hydraulic pump of the machine, (Fig. 2, Col. 6, lines 42-45: "…another sensor (246) can measure or detect outlet fluid pressure (258) from the hydraulic pump (256). Here, the sensor (246) can communicate pump outlet pressure (258) to the controller (202) via communication link (248) [sensor device associated with hydraulic pump of machine].")
a controller, of the machine, in communication with the plurality of sensor devices, configured to: (Fig. 2, Col. 6, lines 37-42: "…pressure sensors [sensor device] […] controller (202) [controller of machine]")
receive an input indicating that the machine is to perform a lifting operation; (Fig. 3, Col. 7, lines 10-14: "…the machine (100) [machine] […] first operating mode [operating in first lifting mode] […] pump outlet pressure can fluctuate between the first pressure (P1) and the second pressure (P2).")
cause the machine to operate in a first lifting mode associated with a first lifting capacity based on receiving the input, (Fig. 3, Col. 7, lines 10-14: "…the machine (100) [machine] […] first operating mode [operating in first lifting mode] […] pump outlet pressure can fluctuate between the first pressure (P1) and the second pressure (P2) [range - first lifting capacity].")
wherein, in the first lifting mode, a pressure of the hydraulic pump of the machine is between a first value and a second value that exceeds the first value; (Col. 7, lines 43-48: "…hydraulic control system (208) [hydraulic pump] […] between [between] a first pressure (P1) [first value] and a second pressure (P2) [second value]. […] 0 psi or more [exceeds the first value]")
receive, from the first sensor device, first sensor data indicating a current value for the pressure of the hydraulic pump during the lifting operation; (Fig, 3, Col. 7, lines 59-63: "…pump load sense pressure (254) [current value for pump pressure] that exits the control valve (252) and is measured by the sensor (242) [sensor data]. […] fluidly coupled with the hydraulic pump (256) [hydraulic pump] (e.g., via a pump control port).")
determine that the current value for the pressure of the hydraulic pump satisfies a first threshold value between the first value and the second value associated with the first lifting mode (Fig. 2, Col. 8, lines 25-36: "…threshold pressure [second value] […] load sense pressure [current value] […] continuously compare the load sense pressure to the threshold pressure [determining that current value is approaching the second value].").
Fleischmann, et al. does not teach wherein the second lifting capacity exceeds the first lifting capacity.
In a similar field of endeavor (work vehicle lifting performance modes), Hennemann, et al. teaches: wherein the second lifting capacity exceeds the first lifting capacity (Col. 3, lines 23-33: "…activates the fluid circuit to operate in a different mode (78), an enhanced lift mode or boost mode, by increasing the fluid pressure in the fluid circuit. […] the lifting capacity is enhanced or increased by a predetermined amount [second lifting capacity], such as by 10 percent [exceeds lifting capacity] in one embodiment.").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Fleischmann, et al. to include the teaching of Hennemann, et al. based on a reasonable expectation of success and motivation to improve the selective lifting performance of work vehicles (Hennemann, et al. Col. 1, lines 33-35, Col. 2, lines 6-9).
The combination of Fleischmann, et al. and Hennemann, et al. does not teach and at least one of: a second sensor device associated with a boom of the machine, a third sensor device associated with a stick of the machine, or a fourth sensor device associated with a working tool of the machine; receive, after determining that the current value for the pressure of the hydraulic pump satisfies the first threshold value associated with the first lifting mode, at least one of second sensor data, from the second sensor device, indicating that a pressure associated with a movement of the boom satisfies a second threshold value associated with the boom, third sensor data, from the third sensor device, indicating that a pressure associated with a movement of the stick satisfies a second threshold value associated with the stick, or fourth sensor data, from a fourth sensor device associated with a working tool of the machine, indicating that a pressure associated with a movement of the working tool satisfies a third threshold value associated with the working tool; determine, based on receiving the at least one of the second sensor data, the third sensor data, or the fourth sensor data, that the machine is continuing to perform the lifting operation; prior to the current value for the pressure of the hydraulic pump reaching the second value associated with the first lifting mode and based on determining that the machine is continuing to perform the lifting operation.
In a similar field of endeavor (controlling hydraulic pump for working machines), Toda, et al. teaches: and at least one of: a second sensor device associated with a boom of the machine, a third sensor device associated with a stick of the machine, or a fourth sensor device associated with a working tool of the machine; (Col. 10, lines 29-38: "..bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [fourth sensor - sensor device associated with working tool]")
receive, after determining that the current value for the pressure of the hydraulic pump satisfies the first threshold value associated with the first lifting mode, at least one of second sensor data, from the second sensor device, indicating that a pressure associated with a movement of the boom satisfies a second threshold value associated with the boom, third sensor data, from the third sensor device, indicating that a pressure associated with a movement of the stick satisfies a second threshold value associated with the stick, or fourth sensor data, from a fourth sensor device associated with a working tool of the machine, indicating that a pressure associated with a movement of the working tool satisfies a third threshold value associated with the working tool; (Toda, et al. Col. 10, lines 29-38: "…bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [sensor device associated with working tool]" ; Col. 10, lines 45-53: "…displacement control of the hydraulic pump is kept performed, the extending speed of the lift cylinder (13) is low because the discharge amount of the hydraulic pump is small, and therefore, the rising speed of the bucket (12) is low, thus reducing the efficiency of the operation. Therefore, when the bucket (12) is at the predetermined height, the displacement control of the hydraulic pump is stopped to enhance the rising speed of the bucket (12) in this embodiment [pressure associated with movement of working tool and threshold value]")
determine, based on receiving the at least one of the second sensor data, the third sensor data, or the fourth sensor data, that the machine is continuing to perform the lifting operation (Col. 10, lines 64-67: "In the case of NO in step (118), the controller (50) determines that the excavating operation is continued, and proceeds to step (108). During this time, the hydraulic pump displacement reducing control is carried out [fourth sensor data - machine is continuing lifting operation.")
prior to the current value for the pressure of the hydraulic pump reaching the second value associated with the first lifting mode and based on determining that the machine is continuing to perform the lifting operation (Toda, et al. Fig. 5, Col. 8, lines 44-48: "… controller (50) determines whether the state in which the lift cylinder bottom pressure [current pressure] is the predetermined pressure P [second value] or lower lasts for a predetermined time (for example, one second) or more, or not [measures specific time difference in order to determine when lifting capacity pressure reading changes to identify when pressure approaches second value].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Fleischmann, et al. and Hennemann, et al. to include the teaching of Toda, et al. based on a reasonable expectation of success and motivation to improve the detection of a working vehicle under an excavating operation (Toda, et al. Col. 2, lines 28-35).
The combination of Fleischmann, et al., Hennemann, et al., and Toda, et al. does not teach and automatically control, without operator intervention, to the exclusion of transitioning into a stall condition, the machine to transition from operating in the first lifting mode to operating in a second lifting mode associated with a second lifting capacity, as part of the lifting operation, the determining that the machine is continuing to perform the lifting operation is with the pressure of the hydraulic pump increasing, and wherein the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode.
In a similar field of endeavor (method for obtaining range of lifting speeds), Meehan teaches: and automatically control, without operator intervention, (Paragraph [0055]: “In a fifth step (1010), the engine speed, pump displacement, and lifting valve position are automatically controlled to maintain the required lifting speed, or a correlated set point, based on the lifting lever position. By use of the term "automatically controlled" it is meant to define the control of the engine, pump, and control valve as being controlled by the control system (500) [automatic control]”)
to the exclusion of transitioning into a stall condition, the machine to transition from operating in the first lifting mode to operating in a second lifting mode associated with a second lifting capacity, as part of the lifting operation, the determining that the machine is continuing to perform the lifting operation is with the pressure of the hydraulic pump increasing, (Meehan Paragraph [0056]: “During this step, the electronic control unit (502) can also implement an anti-stall algorithm to increase engine speed and/or decrease pump displacement to prevent the engine (104) from stalling under heavier loads [exclusion of stall condition].”)
and wherein the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode (Paragraph [0033]: “the pump/motor control pressure valve (220) [hydraulic pump/pressure]” ; Paragraph [0057]: “During execution of the fifth step (1010), the engine, pump, and valve may be staged to modulate between minimum and maximum operating points together sequentially, simultaneously, or in overlapping fashion. For example, and as described later in more detail, the valve may first modulate from its minimum nominal flow to a maximum flow in a first zone of operation followed by the pump being increased from minimum to a maximum displacement in a second zone of operation [process – second value associated with first lifting mode is maximum value of pressure in first lifting mode]”).
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Fleischmann, et al., Hennemann, et al., and Toda, et al. to include the teaching of Meehan based on a reasonable expectation of success and motivation to improve the process of automatic control in order to satisfy a required lifting speed (Meehan Paragraphs [0003 – [0004]).
Regarding claim 9, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 8, and in a further embodiment, teach: The system of claim 8, wherein, to automatically control cause the machine to transition from operating in the first lifting mode to operating in the second lifting mode, the controller is configured to: as the pressure of the hydraulic pump increases, after determining that the machine is continuing to perform the lifting operation (Fleischmann, et al. Col. 8, lines 36-39: "…controller (202) is capable of detecting the stall condition [pressure is increasing beyond threshold value], […] signal to the controller (202) indicative of an active stall condition [machine continuing to perform lifting operation].")
decrease a pump flow, associated with the hydraulic pump (Hennemann, et al. Col. 5, lines 38-42: "…output of the fluid pump is decreased [decrease pump flow]").
Regarding claim 10, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 8, and in a further embodiment, teach: The system of claim 8, wherein the input indicating that the machine is to perform the lifting operation is a first input; (Fleischmann, et al. Fig. 3, Col. 7, lines 10-14: "…machine (100) [machine] […] first operating mode [first input] […] pump outlet pressure can fluctuate between the first pressure (P1) and the second pressure (P2) [lifting operation].")
and wherein the controller is configured to: receive a second input indicating that the lifting operation is completed; (Fleischmann, et al. Col. 9, lines 57-67: "…but once the craning or digging operation is completed [lifting operation has been completed], the machine (100) can return to the first operating mode. […] controller (202) can send a command to the engine control module (210) to adjust engine speed [second input].")
receive a third input indicating that the machine is stationary; (Fleischmann, et al. Col. 7, lines 23-29: "…the machine has reached a stall condition, where movement of the implement ceases [machine is stationary] because additional pressure is unavailable to overcome the load placed on the implement (230)" ; Fleischmann, et al. Col. 7, lines 37-39: "…sensor (234) can also communicate a signal to the controller (202) indicative of an active stall condition [stationary input - stall condition]")
and cause the machine to transition from operating in the second lifting mode to operating in the first lifting mode based on at least one of the second input or the third input (Fleischmann, et al. Col. 11, lines 37-43: "…controller (202) automatically transitions the machine (100) [machine] to the second operating mode [causing machine to transition]." ; Fleischmann, et al. Col. 9, lines 57-67: "…but once the craning or digging operation is completed [lifting operation has been completed], the machine (100) can return to the first operating mode [transition from operating in the second lifting mode to operating in first lifting mode]. […] controller (202) can send a command to the engine control module (210) to adjust engine speed [second input].").
Regarding claim 11, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 8, and in a further embodiment, teach: The system of claim 8, wherein, to automatically control the machine to transition from operating in the first lifting mode to operating in the second lifting mode, the controller is configured to: based on determining that the machine is continuing to perform the lifting operation; (Fleischmann, et al. Col. 8, lines 23-36: "…A threshold pressure [threshold value] can be stored in the memory (204) of the controller (202) such that as the sensor (234) detects load sense pressure [current value] and communicates the pressure reading to the controller (202), the controller (202) can continuously compare the load sense pressure to the threshold pressure. […] equivalent to the value of the second pressure (P2) [current value satisfies threshold value]")
determine that additional lifting capacity is to be enabled for the lifting operation (Hennemann, et al. Col. 3, lines 23-26: "…work vehicle requires enhanced lifting capacity [additional lifting capacity is to be provided], […] mode operations switch (74) [lifting operations].")
and cause the machine to transition from operating in the first lifting mode to operating in the second lifting mode based on determining that the additional lifting capacity is to be enabled for the lifting operation (Hennemann, et al. Col. 4, lines 13-16: "…a configuration in which the controller automatically controls the operation of the motor [causing automatic transition]" ; Hennemann, et al. Col. 3, lines 23-33: "…activates the fluid circuit to operate in a different mode (78), an enhanced lift mode or boost mode [second lifting mode], by increasing the fluid pressure in the fluid circuit. […] the lifting capacity is enhanced or increased by a predetermined amount [additional lifting capacity], such as by 10 percent in one embodiment.").
Regarding claim 12, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 8, and in a further embodiment, teach: The system of claim 8, wherein the controller is further configured to: provide a notification indicating that the machine has transitioned from operating in the first lifting mode to operating in the second lifting mode (Fleischmann, et al. Fig. 2, Col. 5, lines 48-58: "… In the enabled position, the switch (226) can communicate to the controller (202) that the operator desires to operate the machine (100) in a second operating mode [notification - operating in first lifting mode to second lifting mode]").
Regarding claim 13, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 8, and in a further embodiment, teach: The system of claim 8, wherein the lifting operation is performed using at least one component of a lifting mechanism of the machine (Fleischmann, et al. Fig. 2, Col. 5, lines 4-12: "…first operator input mechanism (218) can include a joystick, throttle control mechanism, pedal, lever, switch, or other control mechanism [lifting mechanism]. […] An input command [lifting operation]").
Regarding claim 14, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 8, and in a further embodiment, teach: The system of claim 8, wherein, in the second lifting mode, the pressure of the hydraulic pump is between a third value and a fourth value that exceeds the third value, (Fleischmann, et al. Col. 9, lines 46-52: "…adjusted to a higher pressure between [exceeds the second value] the second pressure (P2) [second value] and the third pressure (P3) [third value] […] operator continues to request additional lifting or digging force, the pressure can be metered to meet these expectations [fourth value - goes beyond third value previously mentioned].")
and wherein the third value exceeds the second value (Fleischmann, et al. Fig. 3, Col. 9, lines 46-49: "…adjusted to a higher pressure between [exceeds the second value] the second pressure (P2) [second value] and the third pressure (P3) [third value]").
Regarding claim 15, Fleischmann, et al. teaches: A machine, comprising: a hydraulic pump; (Fig. 2, Col. 6, lines 15-17: "…hydraulic pump (256) [hydraulic pump]")
a plurality of sensor device devices comprising: (Fig. 2, Col. 6, lines 37-42: "…pressure sensors [sensor device]")
a first sensor device associated with the hydraulic pump, (Fig. 2, Col. 6, lines 42-45: "…another sensor (246) can measure or detect outlet fluid pressure (258) from the hydraulic pump (256). Here, the sensor (246) can communicate pump outlet pressure (258) to the controller (202) via communication link (248) [sensor device associated with hydraulic pump of machine].")
and a controller configured to: (Fig. 2, Col. 6, lines 37-42: "…controller (202) [controller of machine]")
receive, from the first sensor device, sensor data indicating a current value for a pressure of the hydraulic pump during a lifting operation, (Fig, 3, Col. 7, lines 59-63: "…pump load sense pressure (254) [current value for pump pressure] that exits the control valve (252) and is measured by the sensor (242) [sensor data]. […] fluidly coupled with the hydraulic pump (256) [hydraulic pump] (e.g., via a pump control port).")
wherein the machine is operating in a first lifting mode during the lifting operation, (Fig. 3, Col. 7, lines 10-14: "…machine (100) [machine] […] first operating mode [operating in first lifting mode] […] pump outlet pressure can fluctuate between the first pressure (P1) and the second pressure (P2).")
and wherein, in the first lifting mode, the pressure of the hydraulic pump is between a first value and a second value that exceeds the first value; (Col. 7, lines 43-48: "…hydraulic control system (208) [hydraulic pump] […] between [between] a first pressure (P1) [first value] and a second pressure (P2) [second value]. […] 0 psi or more [exceeds the first value]")
determine that the current value for the pressure of the hydraulic pump satisfies a first threshold value between the first value and the second value associated with the first lifting mode; (Fig. 2, Col. 8, lines 25-36: "…threshold pressure [second value] […] load sense pressure [current value] […] continuously compare the load sense pressure to the threshold pressure [determining that current value is approaching the second value].")
based on determining that the machine is continuing to perform the lifting operation, (Col. 8, lines 36-39: "…detecting the stall condition [determining current value satisfies threshold value], the sensor (234) can also communicate a signal to the controller (202) indicative of an active stall condition [machine continuing to perform lifting operation].").
Fleischmann, et al. does not teach determine that additional lift capacity is to be enabled for the lifting operation; wherein the second lifting capacity exceeds the first lifting capacity.
In a similar field of endeavor (work vehicle lifting performance modes), Hennemann, et al. teaches: determine that additional lift capacity is to be enabled for the lifting operation (Col. 3, lines 23-26: "…work vehicle requires enhanced lifting capacity [additional lift capacity]").
wherein the second lifting capacity exceeds the first lifting capacity (Col. 3, lines 23-33: "…activates the fluid circuit to operate in a different mode (78), an enhanced lift mode or boost mode [second lifting mode], by increasing the fluid pressure in the fluid circuit. […] the lifting capacity is enhanced or increased by a predetermined amount [second lifting capacity], such as by 10 percent [exceeds first lifting capacity] in one embodiment.").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Fleischmann, et al. to include the teaching of Hennemann, et al. based on a reasonable expectation of success and motivation to improve the selective lifting performance of work vehicles (Hennemann, et al. Col. 1, lines 33-35, Col. 2, lines 6-9).
The combination of Fleischmann, et al. and Hennemann, et al. does not teach and at least one of: a second sensor device associated with a boom of the machine, a third sensor device associated with a stick of the machine, or a fourth sensor device associated with a working tool of the machine; receive, after determining that the current value for the pressure of the hydraulic pump satisfies the first threshold value associated with the first lifting mode, at least one of second sensor data, from the second sensor device, indicating that a pressure associated with a movement of the boom satisfies a second threshold value associated with the boom, third sensor data, from the third sensor device, indicating that a pressure associated with a movement of the stick satisfies a second threshold value associated with the stick, or fourth sensor data, from a fourth sensor device associated with a working tool of the machine, indicating that a pressure associated with a movement of the working tool satisfies a third threshold value associated with the working tool; determine, based on receiving the at least one of the second sensor data, the third sensor data, or the fourth sensor data, that the machine is continuing to perform the lifting operation; prior to the current value for the pressure of the hydraulic pump reaching the second value associated with the first lifting mode and based on determining that the additional lift capacity is to be enabled for the lifting operation.
In a similar field of endeavor (controlling hydraulic pump for working machines), Toda, et al. teaches: and at least one of: a second sensor device associated with a boom of the machine, a third sensor device associated with a stick of the machine, or a fourth sensor device associated with a working tool of the machine; (Col. 10, lines 29-38: "…bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [fourth sensor - sensor device associated with working tool].")
receive, after determining that the current value for the pressure of the hydraulic pump satisfies the first threshold value associated with the first lifting mode, at least one of second sensor data, from the second sensor device, indicating that a pressure associated with a movement of the boom satisfies a second threshold value associated with the boom, third sensor data, from the third sensor device, indicating that a pressure associated with a movement of the stick satisfies a second threshold value associated with the stick, or fourth sensor data, from a fourth sensor device associated with a working tool of the machine, indicating that a pressure associated with a movement of the working tool satisfies a third threshold value associated with the working tool; (Toda, et al. Col. 10, lines 29-38: "…bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [sensor device associated with working tool]" ; Col. 10, lines 45-53: "…displacement control of the hydraulic pump is kept performed, the extending speed of the lift cylinder (13) is low because the discharge amount of the hydraulic pump is small, and therefore, the rising speed of the bucket (12) is low, thus reducing the efficiency of the operation. Therefore, when the bucket (12) is at the predetermined height, the displacement control of the hydraulic pump is stopped to enhance the rising speed of the bucket (12) in this embodiment [pressure associated with movement of working tool and threshold value]")
determine, based on receiving the at least one of the second sensor data, the third sensor data, or the fourth sensor data, that the machine is continuing to perform the lifting operation; (Col. 10, lines 64-67: "In the case of NO in step (118), the controller (50) determines that the excavating operation is continued, and proceeds to step (108). During this time, the hydraulic pump displacement reducing control is carried out [fourth sensor data - machine is continuing lifting operation.")
prior to the current value for the pressure of the hydraulic pump reaching the second value associated with the first lifting mode and based on determining that the additional lift capacity is to be enabled for the lifting operation (Toda, et al. Col. 8, lines 44-48: "…controller (50) determines whether the state in which the lift cylinder bottom pressure [current pressure] is the predetermined pressure P [second value] or lower lasts for a predetermined time (for example, one second) or more, or not [measures specific time difference in order to determine when lifting capacity pressure reading changes to identify when pressure approaches second value].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Fleischmann, et al. and Hennemann, et al. to include the teaching of Toda, et al. based on a reasonable expectation of success and motivation to improve the detection of a working vehicle under an excavating operation (Toda, et al. Col. 2, lines 28-35).
The combination of Fleischmann, et al., Hennemann, et al., and Toda, et al. does not teach and automatically control, without operator intervention, the machine to transition from operating in the first lifting mode to operating in a second lifting mode associated with a second lifting capacity to the exclusion of transitioning into a stall condition, as part of the lifting operation, the determining that the machine is continuing to perform the lifting operation is with the pressure of the hydraulic pump increasing, and wherein the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode.
In a similar field of endeavor (method for obtaining range of lifting speeds), Meehan teaches: and automatically controlling, without operator intervention, (Paragraph [0055]: “In a fifth step (1010), the engine speed, pump displacement, and lifting valve position are automatically controlled to maintain the required lifting speed, or a correlated set point, based on the lifting lever position. By use of the term "automatically controlled" it is meant to define the control of the engine, pump, and control valve as being controlled by the control system (500) [automatic control]”)
the machine to transition from operating in the first lifting mode to operating in a second lifting mode associated with a second lifting capacity to the exclusion of transitioning into a stall condition, as part of the lifting operation, the determining that the machine is continuing to perform the lifting operation is with the pressure of the hydraulic pump increasing, (Paragraph [0033]: “the pump/motor control pressure valve (220) [hydraulic pump/pressure]” ; Paragraph [0056]: “During this step, the electronic control unit (502) can also implement an anti-stall algorithm to increase engine speed and/or decrease pump displacement to prevent the engine (104) from stalling under heavier loads [exclusion of stall condition].”)
and wherein the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode (Paragraph [0033]: “the pump/motor control pressure valve (220) [hydraulic pump/pressure]” ; Paragraph [0057]: “During execution of the fifth step (1010), the engine, pump, and valve may be staged to modulate between minimum and maximum operating points together sequentially, simultaneously, or in overlapping fashion. For example, and as described later in more detail, the valve may first modulate from its minimum nominal flow to a maximum flow in a first zone of operation followed by the pump being increased from minimum to a maximum displacement in a second zone of operation [process – second value associated with first lifting mode is maximum value of pressure in first lifting mode]”).
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Fleischmann, et al., Hennemann, et al., and Toda, et al. to include the teaching of Meehan based on a reasonable expectation of success and motivation to improve the process of automatic control in order to satisfy a required lifting speed (Meehan Paragraphs [0003 – [0004]).
Regarding claim 16, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 15, and in a further embodiment, teach: The machine of claim 15, wherein the controller is further configured to: receive a first input indicating that the lifting operation is completed; (Fleischmann, et al. Col. 9, lines 57-67: "…but once the craning or digging operation is completed [lifting operation has been completed], the machine (100) can return to the first operating mode. […] controller (202) can send a command to the engine control module (210) to adjust engine speed [first input].")
receive a second input indicating that the machine is stationary; (Fleischmann, et al. Col. 7, lines 23-29: "…the machine has reached a stall condition, where movement of the implement ceases [machine is stationary] because additional pressure is unavailable to overcome the load placed on the implement (230)" ; Fleischmann, et al. Col. 7, lines 37-39: "…sensor (234) can also communicate a signal to the controller (202) indicative of an active stall condition [stationary input - stall condition]")
from operating in the second lifting mode to operating in the first lifting mode based on the first input and the second input (Fleischmann, et al. Col. 9, lines 57-67: "…but once the craning or digging operation is completed [lifting operation has been completed], the machine (100) can return to the first operating mode [transition from operating in the second lifting mode to operating in first lifting mode]." ; Fleischmann, et al. Col. 11, lines 15-20: "…machine (100) transitions from the second operating mode to the first operating mode [transitioning - second to first operating mode] […] controller (202) can command a pump load sense pressure (304) to be equivalent to a load sense pressure measured by the sensor (234) [second input].")
and cause the machine to transition (Hennemann, et al. Col. 4, lines 13-16: "…a configuration in which the controller automatically controls the operation of the motor [causing automatic transition]").
Regarding claim 17, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 15, and in a further embodiment, teach: The machine of claim 15, wherein the controller is configured to control output of signaling perform the lifting operation using at least one component of a lifting mechanism of the machine (Fleischmann, et al. Fig. 2, Col. 5, lines 4-12: "…a first operator input mechanism (218) can include a joystick, throttle control mechanism, pedal, lever, switch, or other control mechanism [lifting mechanism]. […] An input command [lifting operation]").
Regarding claim 19, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 15, and in a further embodiment, teach: The machine of claim 15, wherein, to automatically control the machine to transition from operating in the first lifting mode to operating in the second lifting mode, the controller is configured to: cause the machine to transition from operating in the first lifting mode to operating in the second lifting mode to enable the pressure to be increased to a value that exceeds the second value; (Fleischmann, et al. Col. 8, lines 41-46: "…stall condition of the machine (100) [machine] is detected [condition associated with second value limit] […] achieve a higher pump outlet pressure [value that exceeds the second value]" ; Fleischmann, et al. Col. 11, lines 37-43: "…stall condition is detected [current value satisfies threshold value], the controller (202) automatically transitions the machine (100) [machine] to the second operating mode [causing machine to transition].")
wherein, in the second lifting mode, the pressure of the hydraulic pump of the machine is between a third value and a fourth value that exceeds the third value; (Fleischmann, et al. Col. 9, lines 46-56: "…adjusted to a higher pressure between [exceeds the second value] the second pressure (P2) [second value] and the third pressure (P3) [third value] […] operator continues to request additional lifting or digging force, the pressure can be metered to meet these expectations [fourth value - goes beyond third value previously mentioned]. […] induce the control valve (252) [machine component] to move to a position that restricts an opening through which fluid passes [desired pressure], thereby increasing or boosting fluid pressure exiting the valve.")
and wherein the third value exceeds the second value (Fleischmann, et al. Fig. 3, Col. 9, lines 46-49: "…adjusted to a higher pressure between [exceeds the second value] the second pressure (P2) [second value] and the third pressure (P3) [third value]").
Regarding claim 20, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 15, and in a further embodiment, teach: The machine of claim 15, wherein, to automatically control the machine to transition from operating in the first lifting mode to operating in the second lifting mode, the controller is configured to: as the pressure of the hydraulic pump increases, after determining that the machine is continuing to perform the lifting operation (Fleischmann, et al. Col. 8, lines 36-39: "…controller (202) is capable of detecting the stall condition [pressure is increasing beyond threshold value], […] signal to the controller (202) indicative of an active stall condition [machine continuing to perform lifting operation].")
decrease a pump flow, associated with the hydraulic pump (Hennemann, et al. Col. 5, lines 38-42: "…output of the fluid pump is decreased [decrease pump flow]").
Regarding claim 22, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 1, and in a further embodiment, teach: The method of claim 1, wherein receiving at least one of the second sensor data, the third sensor data, or the fourth sensor data comprises: receiving at least two of the second sensor data, the third sensor data, or the fourth sensor data (Toda, et al. Col. 9, lines 51-60: "…bottom pressure detector (45) is provided at the bottom side (13A) of the lift cylinder (13), and When the hydraulic pressure in the bottom side (13A) of the lift cylinder (13) is the predetermined value or lower for the predetermined time and thereafter, the hydraulic pressure exceeds the predetermined value, it is determined that the working vehicle starts the excavating operation, then the displacement of the pump is reduced to the predetermined displacement which is smaller than the maximum displacement [second sensor data - pressure associated with a movement of the boom satisfies a second threshold value associated with the boom]" ; Toda, et al. Col. 10, lines 29-38: "…bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [fourth sensor device - sensor device associated with working tool]" ; Toda, et al. Col. 10, lines 45-53: "…displacement control of the hydraulic pump is kept performed, the extending speed of the lift cylinder (13) is low because the discharge amount of the hydraulic pump is small, and therefore, the rising speed of the bucket (12) is low, thus reducing the efficiency of the operation. Therefore, when the bucket (12) is at the predetermined height, the displacement control of the hydraulic pump is stopped to enhance the rising speed of the bucket (12) in this embodiment [fourth sensor data - pressure associated with movement of working tool and threshold value]").
Regarding claim 23, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 8, and in a further embodiment, teach: The system of claim 8, wherein the plurality of sensor devices comprises the first sensor device and at least two of the second sensor device, the third sensor device, or the fourth sensor device, and wherein, to receive the at least one of the second sensor data, the third sensor data, or the fourth sensor data, the controller is configured to: receive at least two of the second sensor data, the third sensor data, or the fourth sensor data (Toda, et al. Col. 9, lines 51-60: "…bottom pressure detector (45) is provided at the bottom side (13A) of the lift cylinder (13), and When the hydraulic pressure in the bottom side (13A) of the lift cylinder (13) is the predetermined value or lower for the predetermined time and thereafter, the hydraulic pressure exceeds the predetermined value, it is determined that the working vehicle starts the excavating operation, then the displacement of the pump is reduced to the predetermined displacement which is smaller than the maximum displacement [second sensor data - pressure associated with a movement of the boom satisfies a second threshold value associated with the boom]" ; Toda, et al. Col. 10, lines 29-38: "…bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [fourth sensor device - sensor device associated with working tool]" ; Toda, et al. Col. 10, lines 45-53: "…displacement control of the hydraulic pump is kept performed, the extending speed of the lift cylinder (13) is low because the discharge amount of the hydraulic pump is small, and therefore, the rising speed of the bucket (12) is low, thus reducing the efficiency of the operation. Therefore, when the bucket (12) is at the predetermined height, the displacement control of the hydraulic pump is stopped to enhance the rising speed of the bucket (12) in this embodiment [fourth sensor data - pressure associated with movement of working tool and threshold value]").
Regarding claim 24, Fleischmann, et al., Hennemann, et al., Toda, et al., and Meehan remain as applied to claim 15, and in a further embodiment, teach: The machine of claim 15, wherein the plurality of sensor devices comprises the first sensor device and at least two of the second sensor device, the third sensor device, or the fourth sensor device, and wherein, to receive the at least one of the second sensor data, the third sensor data, or the fourth sensor data, the controller is configured to: receive at least two of the second sensor data, the third sensor data, or the fourth sensor data (Toda, et al. Col. 9, lines 51-60: "…bottom pressure detector (45) is provided at the bottom side (13A) of the lift cylinder (13), and When the hydraulic pressure in the bottom side (13A) of the lift cylinder (13) is the predetermined value or lower for the predetermined time and thereafter, the hydraulic pressure exceeds the predetermined value, it is determined that the working vehicle starts the excavating operation, then the displacement of the pump is reduced to the predetermined displacement which is smaller than the maximum displacement [second sensor data - pressure associated with a movement of the boom satisfies a second threshold value associated with the boom]" ; Toda, et al. Col. 10, lines 29-38: "…bucket height detector (32) is, for example, a proximity sensor, which issues an electrical signal when the top surface of the base end portion of the lift arm (11) comes within the predetermined distance from the proximity sensor. As shown in FIG. 7, the bucket height detector (32) is connected to the controller (50). The controller (50) receives the signal from the bucket height detector (32) [fourth sensor device - sensor device associated with working tool]" ; Toda, et al. Col. 10, lines 45-53: "…displacement control of the hydraulic pump is kept performed, the extending speed of the lift cylinder (13) is low because the discharge amount of the hydraulic pump is small, and therefore, the rising speed of the bucket (12) is low, thus reducing the efficiency of the operation. Therefore, when the bucket (12) is at the predetermined height, the displacement control of the hydraulic pump is stopped to enhance the rising speed of the bucket (12) in this embodiment [fourth sensor data - pressure associated with movement of working tool and threshold value]").
Response to Arguments
Applicant's arguments filed on November 3, 2025 have been fully considered but they are not persuasive.
Applicant asserted that amended claim 1, 8, and 15 were patentable over Fleischmann, et al. (U.S. Patent No. 9435105) in view of Hennemann, et al. (U.S. Patent No. 8875506) and in further view of Toda, et al. (U.S. Patent No. 7637039) and in further view of Osswald, et al. (U.S. Patent No. 8875506) because the references did not meet the claim limitations of the automatically controlling (based on determining that the machine is continuing to perform the lifting operation) the machine to transition from operating in the first lifting mode to operating in the second lifting mode is performed to the exclusion of transitioning into a stall condition and without operator intervention, and to clarify that the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode. Please note that Meehan (U.S. Patent Application Publication No. 20130195681) was cited in order to teach these features. In Meehan, the process of automatic control is done through the step of “…automatically controlled to maintain the required lifting speed, or a correlated set point, based on the lifting lever position. By use of the term "automatically controlled" it is meant to define the control of the engine, pump, and control valve as being controlled by the control system (500)” (Paragraph [0055]). The process of the unit avoiding going into a stall condition without operator control is conducted through the process of an “…the electronic control unit (502) can also implement an anti-stall algorithm to increase engine speed and/or decrease pump displacement to prevent the engine (104) from stalling under heavier loads” (Paragraph [0056]). Additionally, the clarification that the first lifting mode is a maximum pressure in the first mode is stated through the process of “…the valve may first modulate from its minimum nominal flow to a maximum flow in a first zone of operation followed by the pump being increased from minimum to a maximum displacement in a second zone of operation”, or increasing the pump flow to a maximum pressure value (Paragraph [0057]). Subsequently, it would have been obvious to combine Meehan with Fleischmann, et al., Hennemann, et al., and Toda, et al., because Fleischmann, et al. teaches a machine which performs a lifting operation in which the hydraulic pressure of the machine has a first lifting capacity (Col. 7, lines 39-43, Col. 7, lines 10-14), Hennemann, et al. teaches the condition in which the machine’s second lifting capacity exceeds the first lifting capacity (Col. 3, lines 23-33), and Toda, et al. teaches the condition in which the controller determines that the pressure of a hydraulic pump approaches a second value (Col. 8, lines 44-48).
Applicant also asserted that amended claim 1, 8, and 15 were patentable over Fleischmann, et al. (U.S. Patent No. 9435105) in view of Hennemann, et al. (U.S. Patent No. 8875506) and in further view of Toda, et al. (U.S. Patent No. 7637039) and in further view of Osswald, et al. (U.S. Patent No. 8875506) because it would not have been obvious to combine the primary reference Fleischmann, et al. with the other references in a 35 U.S.C. 103 rejection. The examiner disagrees. In Fleischmann, et al., the controller (200) has the ability to “…detect the machine (100) is operating […] near a stall condition” (Col. 13, lines 9-10). This means that the apparatus actually does not have to exclusively reach a stall condition before an identification is made by the system to modify the lifting mode apparatus. Subsequently, it would have been obvious to combine Fleischmann, et al. with Hennemann, et al., Toda, et al. and Meehan because Hennemann, et al. teaches the condition in which the machine’s second lifting capacity exceeds the first lifting capacity (Col. 3, lines 23-33), Toda, et al. teaches the condition in which the controller determines that the pressure of a hydraulic pump approaches a second value (Col. 8, lines 44-48), and Meehan teaches the process of transitioning from a first to second lifting mode with respect to excluding a stall condition (Paragraphs [0055] – [0056]).
Therefore, it can be concluded that since the combination of Fleischmann, et al., Hennemann, et al., Toda, et al. and Meehan reads on the claim limitation the automatically controlling (based on determining that the machine is continuing to perform the lifting operation) the machine to transition from operating in the first lifting mode to operating in the second lifting mode is performed to the exclusion of transitioning into a stall condition and without operator intervention, and to clarify that the second value associated with the first lifting mode is a maximum value of pressure in the first lifting mode, as stated in amended claims 1, 8, and 15, and it would have been obvious to combine Fleischmann, et al. in a 35 U.S.C. 103 rejection, the arguments presented by the Applicant are not persuasive, and the rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fleischmann (U.S. Patent Application Publication No. 20180030687) describes a hydraulic control system for an industrial machine which uses a mechanical arm, a hydraulic actuator, a pump, a load sensing system, and a control device in order to adjust a load pressure value, adjust the speed of the arm between a first position and a second position, and permit a control selection of a normal mode or a speed adjustment mode.
Osswald, et al. (U.S. Patent No. 8103418) teaches a work vehicle that contains an extendable frame which enables the vehicle to automatically transition between different lifting modes.
Applicant is considered to have implicit knowledge of the entire disclosure once a reference has been cited. Therefore, any previously cited figures, columns and lines should not be considered to limit the references in any way. The entire reference must be taken as a whole; accordingly, the Examiner contends that the art supports the rejection of the claims and the rejection is maintained.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TORRENCE S MARUNDA II whose telephone number is (571)272-5172. The examiner can normally be reached Monday-Friday 8:00-5:30.
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/TORRENCE S MARUNDA II/ Examiner, Art Unit 3663
/ANGELA Y ORTIZ/ Supervisory Patent Examiner, Art Unit 3663