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 .
Claim Objections
Claims 1 and 14 are objected to because of the following informalities:
Claim 1 line 35 “configured translate” should be –configured to translate--.
Claim 14 line 4 “a z-axis” should be –the z-axis--. It is noted that a z-axis of the movable grading device is positively set forth in claim 10 line 7.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10,12-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sonoda et al. (US 20240352706 A1).
Regarding claim 1, Sonoda discloses a grading machine (1, Fig. 1) for grading a ground surface comprising:
a machine body (11);
a drawbar frame (17) coupled to the machine body;
a circle member (18) coupled to the drawbar frame;
a pitch frame (Fig. 2, curved frame element extending upward from shaft 21 to circle element 18) coupled to the circle member;
a movable grading device (16) coupled to the pitch frame (via tilt shaft 21), the movable grading device including a top portion, a lower portion having a lower edge defining a horizontal axis (Fig. 10, horizontal line connecting points 161 and 162 and defining lower edge of blade 16), a left reference point (161) in a left portion and a right reference point (162) in a right portion (Fig. 10, blade 16 inherently comprises top, bottom, left, and right portions) wherein the left reference point and the right reference point are symmetric about a central vertical axis (“rotating axis that extends in the up-down direction”, para. [0039]) of the grading device, the central vertical axis perpendicular to the horizontal axis (Fig. 10, points 161,162 are symmetric about vertical axis disposed at midpoint of blade);
a drive arrangement (27) coupled to the drawbar frame and the circle member for rotation thereof about a circle axis (para. [0039] rotation actuator 27 causes circle 18 to rotate relative to drawbar 17 about a vertical circle axis, i.e. “rotating axis”);
a right lift linkage arrangement coupled to the drawbar frame for lifting the right portion of the drawbar frame with a right lift actuator (23);
a left lift linkage arrangement coupled to the drawbar frame for lifting the left portion of the drawbar frame with a left lift actuator (22);
a circle member side shift linkage arrangement coupled to the drawbar frame for side shifting the drawbar frame with a circle member side shift actuator (24) (para. [0037]);
a grading device side shift actuator (26);
a pitch actuator (25) coupled to the top portion of the movable grading device (Fig. 1, para. [0038] blade tilt cylinder 25 rotates blade 16 rotates about the tilt shaft 21, i.e. adjusts pitch angle of the blade);
a user interface (operating device 35 comprising a plurality of operating members 41-46);
an inertial measurement unit configured to provide real-time feedback on a position and an orientation of the movable grading device (para. [0085] inertial measurement devices (IMU) used to detect orientation of the work implement 5); and
a control system (36) configured to receive an input command from the user interface for a target grading device movement (“target orientation” for determining “target stroke length” input to operating members 41-46, para. [0062-0063]) and extend or retract one or more of the right lift actuator, the left lift actuator, the circle member side shift actuator, the grading device side shift actuator and the drive arrangement in a timed relationship to achieve the target grading device movement (para. [0048] setting operating members 41-46 on operating device 35 adjusts respective actuators to change orientation of blade 16) using a first control pattern (“direct control mode”) or a second control pattern (“integrated control mode”) (para. [0088-0089]);
wherein the first control pattern (“direct control mode”) comprises the input command for each the right lift actuator, the left lift actuator, the circle member side shift actuator, the grading device side shift actuator and the drive arrangement individually for the target grading device movement (para. [0089] in direct control mode, individual input commands control each actuator); and
wherein the second control pattern (“integrated control mode”) comprises automatically adjusting at least one actuator based on a computation configured to translate into a precise intent of an operator to move one or more of the left reference point and the right reference point of the movable grading device according to the horizontal axis and the central vertical axis of the movable grading device in response to the input command and the real-time feedback from the inertial measurement sensor (para. [0062,0081-0082] in an integrated control mode example, when an input command is given to left lift actuator 22 by operating left lift lever 41, controller 36 calculates a corresponding adjustment for the pitch and roll angle of the drawbar 17 so that the height of the right reference point 162 and the left-right position of the drawbar 17 are held constant, while the height of the left reference point 161 of the blade 16 is adjusted to the height corresponding to the operation of the left lift lever 41).
Regarding claim 3, Sonoda discloses the grading machine of claim 1, wherein
the target grading device movement is a side shifting (W1 in direct control mode or θ1 in integrated control mode) of the movable grading device (para. [0045,0047]);
the first control pattern (“direct control mode”) actuating movement (W1, Fig. 8) of the movable grading device (16) along a cross slope (Fig. 4, line connecting points 161 and 162) connecting the left reference point (161) and the right reference point (162) by actuating only the grading device side shift actuator (26) (para. [0079,0090] in direct control mode, operation of blade shift lever 46 actuates only the blade shift cylinder 26 causing blade 16 to shift amount W1 along a cross-slope of the blade, Fig. 2); and
the second control pattern (“integrated control mode”) actuating movement (θ1, Fig. 5) of the movable grading device (16) laterally relative to the machine body while maintaining the cross slope and a height of the left reference point (161) and the right reference point (162) relative to the machine body (para. [0074] in integrated control mode, operation of drawbar shift lever 43 shifts position of blade 16 in the left-right direction relative to the machine in accordance with target yaw angle θ1, while holding the height of the left end part 161 and the height of the right end part 162 constant, i.e. roll angle θ3 is maintained).
Regarding claim 4, Sonoda discloses the grading machine of claim 1, wherein
the target grading device movement is a side shifting (W1 in direct control mode or θ1 in integrated control mode) of the movable grading device;
the first control pattern (“direct control mode”) actuating movement (W1, Fig. 8) of the movable grading device (16) with the grading device side shift actuator (26) along a cross slope of the movable grading device, the lower edge of the movable grading device relative to the machine body defining the cross slope (Fig. 10, line connecting points 161 and 162) (para. [0079,0090] in direct control mode, operation of blade shift lever 46 actuates only the blade shift cylinder 26 causing blade 16 to shift amount W1 along a cross-slope of the blade, Fig. 2); and
the second control pattern (“integrated control mode”) actuating movement (θ1, Fig. 5) of the movable grading device (16) lateral relative to the machine body while maintaining a height of the left reference point (161) and the right reference point (162) relative to the machine body (Fig. 14B, para. [0074] in integrated control mode, operation of drawbar shift lever 43 shifts position of blade 16 in the left-right direction relative to the machine in accordance with target yaw angle θ1, while holding the height of the left end part 161 and the height of the right end part 162 constant).
Regarding claim 5, Sonoda discloses the grading machine of claim 1, wherein
the target grading device movement of the movable grading device (16) is in a direction of roll (θ3, Fig. 4);
the first control pattern (“direct control mode”) actuating the left lift actuator (22) while maintaining the right lift actuator (23) stationary (para. [0089] in direct control mode, operation of left lift lever 41 actuates only left lift cylinder 22); and
the second control pattern (“integrated control mode”) actuating the left lift actuator (22) while maintaining the right reference point (162, Fig. 10) at a same height (162’, Fig. 12) relative to the machine body to achieve the target grading device movement (as seen by comparing Figs. 10 and 12, para. [0058-0059] in integrated control mode, operation of left lift lever 41 actuates left lift cylinder 22 to change height of left reference point 161 while controller 36 maintains height of the right end part 162 of the blade 16 at a same height 162’).
Regarding claim 6, Sonoda discloses the grading machine of claim 1, wherein
the target grading device movement of the movable grading device (16) is in a direction of pitch (θ5, Fig. 6);
the first control pattern (“direct control mode”) actuating the pitch actuator (25) (para. [0090] in direct control mode, operation of blade tilt lever 45 actuates only blade tilt cylinder 25); and
the second control pattern (“integrated control mode”) actuating the left lift actuator (22), the right lift actuator (23), the pitch actuator (25), and the circle member side shift actuator (24), while the lower edge of the movable grading device remains stationary relative to the machine body (as seen by comparing Figs. 16A and 16C, para. [0077-0078] in integrated control mode, operation of blade tilt lever 45 actuates blade tilt cylinder 25 to adjust tilt angle θ5 of the blade 16 while holding the height of the lower edge of blade 16 constant by controlling actuators 22-25 accordingly).
Regarding claim 7, Sonoda discloses the grading machine of claim 1, wherein
the target grading device movement of the movable grading device (16) is in a direction of yaw (θ4, Fig. 7);
the first control pattern (“direct control mode”) actuating the drive arrangement (27) to rotate the circle member (18) about the circle axis (para. [0090] in direct control mode, operation of rotation lever 44 actuates only the rotation actuator 27); and
the second control pattern (“integrated control mode”) actuating the drive arrangement (27), the left lift actuator (22), the right lift actuator (23), and the circle member side shift actuator (24) to rotate the movable grading device about the central vertical axis of the movable grading device (Fig. 15A-C, para. [0075-0076] in integrated control mode, operation of rotation lever 44 causes controller to actuate actuators 22-24,27 accordingly to adjust angle (i.e. yaw θ4) of blade about the vertical rotating axis while maintaining the height of its lower edge).
Regarding claim 9, Sonoda discloses the grading machine of claim 1 wherein the target grading device movement is a lifting of the movable grading device;
wherein the first control pattern (“direct control mode”) actuates the left lift actuator and the right lift actuator simultaneously (para. [0089] in direct control mode, left and right lift cylinders 22,23 are actuated simultaneously when left and right lift levers 41,42 are operated simultaneously); and
the second control pattern (“integrated control mode”) actuates one or more of the drive arrangement (27), the left lift actuator (22), the right lift actuator (23), the pitch actuator (25) and the circle member side shift actuator (24) to lift the left reference point (161) and the right reference point (162) relative to the machine body (para. [0048,0088] in integrated control mode, the stroke motions of the plurality of hydraulic cylinders 22-26 and rotation actuator 27 are combined to assume the target orientation of blade 16 including height adjustments to left and right reference points 161,162).
Regarding independent claim 10, Sonoda discloses a grading machine (1, Fig. 1) for grading a ground surface comprising:
a machine body (11);
a drawbar frame (17) coupled to the machine body;
a circle member (18) coupled to the drawbar frame;
a pitch frame (Fig. 2, curved frame element extending upward from shaft 21 to circle element 18) coupled to the circle member;
a movable grading device (16) coupled to the drawbar frame, the movable grading device defining a y-axis (Fig. 10, horizontal line connecting 161 and 162) along a bottom edge of the movable grading device, a z-axis (“rotating axis that extends in the up-down direction”, para. [0039]) centered on the movable grading device and perpendicular to the y-axis in a top-bottom direction, and an x-axis (A1, Fig. 4) transverse to both the y-axis and the z-axis;
a drive arrangement (27) coupled to the drawbar frame and the circle member for rotation thereof about a circle axis (para. [0039] rotation actuator 27 causes circle 18 to rotate relative to drawbar 17 about a vertical circle axis, i.e. “rotating axis”);
a right lift linkage arrangement coupled to the drawbar frame for lifting a right portion of the drawbar frame with a right lift actuator (23);
a left lift linkage arrangement coupled to the drawbar frame for lifting a left portion of the drawbar frame with a left lift actuator (22);
a circle member side shift linkage arrangement coupled to the drawbar frame for side shifting the drawbar frame in a y-direction with a circle member side shift actuator (24) (para. [0037]);
a grading device side shift actuator (26);
a pitch actuator (25) coupled to a top portion of the movable grading device (Fig. 1, para. [0038] blade tilt cylinder 25 rotates blade 16 rotates about the tilt shaft 21, i.e. adjusts pitch angle of the blade);
a user interface (35); and
a control system (36) configured to receive an individual input command from the user interface for a target grading device movement (“target orientation” for determining “target stroke length” input to operating members 41-46, para. [0062-0063]) and extend or retract one or more of the right lift actuator, the left lift actuator, the circle member side shift actuator, the grading device side shift actuator and the drive arrangement automatically in a timed relationship to achieve the target grading device movement (para. [0048,0062-0082] operating operation levers 41-46 on operating device 35 adjusts respective actuators 22-27 in a timed relationship to change orientation of blade 16).
Regarding claim 13, Sonoda discloses the grading machine of claim 10, wherein
the target grading device movement of the movable grading device (16) is in a direction of pitch (θ5, Fig. 6); and
actuates the pitch actuator (25) while maintaining a height of the bottom edge of the movable grading device the same relative to the machine body (11) (as seen by comparing Figs. 16A and 16C, para. [0077-0078] operation of blade tilt lever 45 actuates blade tilt cylinder 25 to adjust tilt angle θ5 of the blade 16 while holding the height of the lower edge of blade 16 constant).
Regarding claim 14, Sonoda discloses the grading machine of claim 10, wherein
the target grading device movement of the movable grading device (16) is in a direction of yaw (θ4, Fig. 7); and
actuates the drive arrangement (27) while moving the movable grading device about the z-axis of the movable grading device (Fig. 15A-C, para. [0039, 0075-0076] operation of rotation lever 44 actuates rotation actuator 27 to rotate blade 16 about central vertical axis to adjust yaw θ4 of blade 16).
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sonoda et al. (US 20240352706 A1).
Regarding claim 11, Sonoda discloses the grading machine of claim 10, wherein
the target grading device movement is a side shifting (W1, Fig. 8) of the movable grading device (16);
wherein side-shifting actuates one or more of the right lift actuator (23), the left lift actuator (22), the circle member side shift actuator (24), the grading device side shift actuator (26) and the drive arrangement (27) for moving the movable grading device along the y-axis (para. [0047,0079] operation of blade shift lever 46 actuates the blade shift cylinder 26 causing blade 16 to shift amount W1 along the y-axis, Fig. 2), but does not explicitly detail wherein a central portion of the movable grading device is maintained in its position along the z-axis relative to the machine body.
However, such a concept is explicitly detailed for operation of levers 41-45 which results in a corresponding change to their respective actuator while holding the heights 161,162 constant (i.e. by controlling actuators 22-27 accordingly, see para. [0058],[0072],[0074],[0076], and [0078] respectively), and Sonoda further discloses at para. [0079,0101] that operation of the blade shift lever 46 results in an automatic change to actuators 22-27 accordingly as well.
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to design the control system of Sonoda to hold the height of the blade constant during side-shift adjustments caused by the blade shift lever and blade shift cylinder, similar to the manner designed for the other levers and their cylinders (i.e. by controlling all the actuators accordingly) to provide an automatic control for maintaining the height of the blade during side-shift adjustments to yield predictable results and further reduce operator work.
Response to Arguments
Rejection under 35 U.S.C. § 102/103
Regarding the rejection of Claims 1,3-7,9, the Examiner has considered the Applicant’s arguments; however the arguments are not persuasive. Applicant argues:
“Applicant's disclosure is directed towards target grading device movement and unlike Sonoda, not a target orientation (i.e. position)” (Applicant’s Remarks page 11).
Regarding (a), the Examiner respectfully disagrees. Sonoda’s target orientation is explicitly tied to a target stroke length (i.e. Applicant’s “target grading device movement”) (see Sonoda para. [0009]).
“Sonoda's "direct control mode" allows for single actuator movement, but does not teach or suggest a "timed relationship to achieve the target grading movement" in response to an operator's "input command". Nor does Sonoda require other actuators to be stationary (Applicant's claims 5 and 6).” (Applicant’s Remarks page 11).
Regarding (b), the Examiner respectfully disagrees. Sonoda in para. [0089] teaches that in the direct control mode (corresponding to Applicant’s “first control pattern”), the controller 36 only actuates the actuator 22-27 corresponding to the associated operated operating member 41-46, i.e. the input command for each actuator is received individually such that only the actuators whose operating members have been operated will be actuated, and the amount and rate at which they move is determined by the controller based on the operating amount of their respective operating members (para. [0089-0091]). Thus, if operating member 41 and 42 are operated (i.e. receive individual input commands), only left cylinder 22 and right cylinder 23 will be actuated in the timed relationship applied to their associated operating member (i.e. if their operating members are operated at the same time, the corresponding actuators will be actuated at the same time. If operating members are operated one after the other, the corresponding actuators will be actuated in a similar sequential fashion), while all other actuators whose corresponding operating members did not receive an input command will not be actuated and thus remain stationary.
“Additionally, Sonoda fails to teach or suggest using the reference framework as disclosed by Applicant. In particular, the reference framework the movable grading device including a top portion, a lower portion having a lower edge defining a horizontal axis, a left reference point in a left portion and a right reference point in a right portion wherein the left reference point and the right reference point are symmetric about a central vertical axis of the grading device, the central vertical axis perpendicular to the horizontal axis.” (Applicant’s Remarks page 11).
Regarding (c), the Examiner respectfully disagrees. Sonoda explicitly teaches the movable grading device (16) including a lower edge defining a horizontal axis (see Fig. 10, line connecting points 161 and 162 defines lower edge of blade 16), wherein the left reference point (161) and the right reference point (162) are symmetric about a central vertical axis (symmetric about “rotating axis that extends in the up-down direction”, para. [0039]) of the grading device, the central vertical axis perpendicular to the horizontal axis (Fig. 10, symmetric about the vertical axis disposed at midpoint of blade and perpendicular to the horizontal axis).
“Sonoda also fails to teach or suggest incorporating the use of an inertial measurement unit with the reference framework as disclosed by Applicant.” (Applicant’s Remarks page 11).
Regarding (d), the Examiner respectfully disagrees. Sonoda in para. [0085] explicitly discloses use of an inertial measurement devices (IMU) for detecting an orientation of the work implement.
“Sonoda fails to disclose Applicant's a central vertical axis of the movable grading device wherein rotating the blade (i.e. movable grading device) can be defined as moving the blade in a clockwise/counterclockwise direction about an axis parallel to the z-axis (Applicant, [0036], FIG. 5). Whereas, Sonoda discloses rotation angle θ4 is the rotation angle of the circle with respect to the front-back direction of the vehicle body (Sonoda, [0047], 11. 5-8).” (Applicant’s Remarks page 11).
Regarding (e), the Examiner respectfully disagrees. Sonoda explicitly teaches that the blade 16 rotates about a rotating axis that extends in the up-down direction (i.e. the central vertical axis) (para. [0039]). Further, Applicant’s claims regarding θ4 are unfounded as θ4 is inherently also a rotation angle with respect to a vertical axis (see Fig. 7, circle 18 and thus blade 16 are configured to rotate a certain amount about a vertical axis).
Additionally, the dashed vertical line in FIG. 4 is not equivalent to Applicant's “the central vertical axis perpendicular to the horizontal axis". (Applicant’s Remarks page 12).
Regarding (f), the Examiner points out that the blade position shown in Fig. 4 is merely exemplary. When the blade is disposed at a level orientation (see Fig. 10), the vertical axis is perpendicular to the horizontal axis defined by the blade lower edge.
Regarding the rejection of Claims 10-11,13-14, the Examiner has considered the Applicant’s arguments; however the arguments are not persuasive. Applicant argues:
“Sonoda fails to disclose the reference frame as disclosed by Applicant. The dashed vertical line in FIG. 4 is not equivalent to Applicant's "z-axis centered on the movable grading device and perpendicular to the y-axis in a top-bottom direction." (Applicant’s Remarks page 12).
Regarding (a), the Examiner reiterates that the blade position shown in Fig. 4 is merely exemplary. When the blade is disposed at a level orientation (see Fig. 10), the vertical axis is perpendicular to the horizontal axis defined by the blade lower edge.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. THIS ACTION IS MADE FINAL. 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 JULIA C TRAN whose telephone number is (571) 272-8758. The examiner can normally be reached M-F 9-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joesph Rocca, can be reached on (571) 272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIA C TRAN/Examiner, Art Unit 3671
/ADAM J BEHRENS/Primary Examiner, Art Unit 3671