Prosecution Insights
Last updated: August 18, 2026
Application No. 17/646,434

SYSTEM AND METHOD FOR DETERMINING ALLOWABLE ROBOT SPEED IN A COLLABORATIVE WORKSPACE

Non-Final OA §103
Filed
Dec 29, 2021
Examiner
ESTEVEZ, DAIRON
Art Unit
3656
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
DATALOGIC IP TECH, S.R.L.
OA Round
5 (Non-Final)
68%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
54%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
49 granted / 72 resolved
+16.1% vs TC avg
Minimal -14% lift
Without
With
+-14.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
14 currently pending
Career history
101
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
18.2%
-21.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 72 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION Response to Amendment The RCE filed 3/30/2026 has been entered. Claims 1-5, 7-15, 17-20, and 22 remain pending in the application. Applicant’s amendments to the claims have overcome each and every rejection under 35 U.S.C. 112(b) previously set forth in the Final Office Action mailed 9/29/2025. The Information Disclosure Statements (IDS) filed on 9/26/2025 and 3/30/206 have been acknowledged by the Office. Response to Arguments Applicant argues that a prima facies case of obviousness has not been established in regards to the methods taught by Vu ‘050 and Lundberg. In particular, Applicant indicates that the Examiner’s indication of the limitation not being “explicitly taught” by the cited references cause the modification to be purely based on hindsight reasoning. Applicant’s argument is not persuasive. In this case, the underlying modification is taught by Vu ‘050, and simply not explicitly stated in the direct language of the claim. The contended limitation involves comparing the currently stored values of each component vectors of an overall speed vector in each cartesian direction with an instantaneous value. Then, during a real time process the component is updated if a lower speed is determined for the respective component. As indicated by Final Office Action, Vu ‘050 and Lundberg do not have explicit recitation of the comparison step as the claim language recites. But the citation of from Vu ‘050 from P [0069] clearly states that the method involves “control[ling] maximum velocity proportionally to the square root of the minimum distance, which reflects the fact that in a constant-deceleration scenario, velocity changes proportionally to the square root of the distance traveled”. A modification of the maximum velocity inherently involves a comparison between a newly measured value and a stored value, in this case the lower speed being determined proportionally to the distance. Therefore, the rationale from Vu ‘050 to create “smoother and more efficient, but still equally safe” motion is not a conclusory statement. The disclosure of Vu ‘050 is specifically intended “for monitoring a workspace for safety purposes using sensors distributed about the workspace.” (Vu ‘050 P [0008]), and providing a more smooth and efficient motion while contending with safety requirements is the reason that Vu ‘050 implements the maximum velocity control. 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. Claim(s) 1-5, 7-15, and 17-20, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vu et al., hereinafter Vu '050 (Document ID: US 20180222050 A1) in view of Lundberg (Document ID: WO2018192657A1). Regarding claims 1 and 11, Vu ‘050 teaches a method for determining and adjusting an allowable machine speed in a shared workspace including a machine and a human, the method comprising: acquiring, via an analysis module (analysis module 342), a first set of three-dimensional data associated with a position of a human within the workspace and a second set of three-dimensional data associated with a position of a machine within the workspace (see at least P [0020] “a 3D representation of the workspace 100 is obtainable from images or other data obtained by the sensors 102.” See also FIG. 1 for an example of how the controller 108 processes a sample workspace with a human and machinery); determining, via the analysis module, from a plurality of axes of movement one or more axes of movement for the machine along which movement of the machine decreases a separation distance between the human and the machine based on the first and second sets of three-dimensional data, wherein the plurality of axes of movement include three cartesian axes (see at least P [0069]: “SADM [is able] to project the robot's current state forward in time, project the intrusions toward the robot trajectory, and identify the nearest potential collision.” A ‘nearest potential collision’ would represent a direction of motion that would decrease the separation distance between the human and the machine. SADM is able to identify the robot’s velocity as a 3D vector, which necessarily includes the three cartesian directions for trajectory, see at least P [0069]) Vu ‘050 additionally teaches a safety protocol that includes a maximum allowable speed of the machine for each of the plurality of axes of movement for the machine based on the first and second sets of three-dimensional data in at least P [0068]: “modulate the robot's maximum velocity (by which is meant the velocity of the robot itself or any appendage thereof) proportionally to the minimum distance between any point on the robot and any point in the relevant set of sensed objects to be avoided”) But Vu ‘050 does not explicitly teach that the maximum speed is represented with a three- dimensional vector (V3D), nor that the safety protocol decreases the maximum allowable speed of the machine only along the one or more axes of movement for the machine along which movement of the machine decreases the separation distance between the human and the machine while maintaining the maximum allowable speed for the other axes of movement for which the separation distance between the human and the machine are determined to be maintained or increased. However, the system of Vu ‘050 is capable of projecting its trajectory to a future instance in time, and is able to determine what directions of movement would decrease the separation distance between the human and the machine, and which directions increase or maintain the separation distance. Thus, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the maximum speed adjustment of Vu '050 with a specific coordinate system and axes of movement in order to allow “the robot [to] move more quickly away from an obstacle than toward it” (Vu ‘050 P [0069]). Lundberg, whose invention pertains to controlling collaborative robots with special safety requirements, teaches the three-dimensional vector (V3D) in at least FIG. 1 and Page 13 Line 21 the use of a three axis coordinate system with X, Y, and Z directions. Lundberg also teaches the use of a 3D velocity vector in at least Page 15 Line 1 as “a continuously acting speed restriction Vmax”. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the directional awareness and maximum speed adjustment of Vu '050 with the 3D maximum velocity vector of Lundberg in order to provide a detailed speed restriction where "the end effector assembly is moveable by the robot in a plurality of other directions that are not restricted by the speed restriction or speed restrictions", and allowing the end effector to be moved "efficiently in the working space" (Lundberg Page 6, Line 10). The improvement to efficiency by controlling individual directions separately is a relevant goal to both the systems of Vu ‘050 and Lundberg, as the robot’s motion is not overly constrained by applying speed restrictions in excessive directions. Moreover, Vu ‘050 additionally teaches communicating, via the analysis module, the safety protocol to a machine controller associated with the machine (see at least P [0025] wherein the system communication, including the analysis module, is described) and But Vu ‘050 does not explicitly teach that the safety protocol communicated to the machine controller includes a vector of six values in the form of V3D =[-V x ;-V y ;-V z ;+V x ;+V y ;+V z] representing the maximum allowable speed of the machine in both a positive and a negative direction for each of the three cartesian axes Instead, Lundberg teaches a positional system using “coordinates… expressed as translations along X, Y, and Z as ±x, ±y, and ±z, respectively” on Page 13 Line 27. Similarly on Page 14 Line 4 a method is described for setting speed restrictions for each of the directions as necessary. See at least Page 15 Line 3 an example wherein a the velocity is limited only in the positive Z direction. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the directional awareness and maximum speed adjustment of Vu '050 with the 3D maximum velocity vector of Lundberg in order to provide a detailed speed restriction where "the end effector assembly is moveable by the robot in a plurality of other directions that are not restricted by the speed restriction or speed restrictions", and allowing the end effector to be moved "efficiently in the working space" (Lundberg Page 6, Line 10). The improvement to efficiency by controlling individual directions separately is a relevant goal to both the systems of Vu ‘050 and Lundberg, as the robot’s motion is not overly constrained by applying speed restrictions in excessive directions. In view of the modification, Vu ‘050 then teaches adjusting, via the machine controller, a movement speed of the machine based on the safety protocol, wherein the maximum allowable speed is determined during a real-time process including (see at least P [0068]: “If any portion of the person P crosses the threshold of zone 508 but is still outside an interior danger zone 510, robot 504 is signaled to operate at a slower speed.” Note also that Vu ‘050 defines in P [0067] the process as conducted “in real time based on all sensed relevant objects and on the current state of robot 402”) determining a scalar value of the maximum allowed speed as a function of separation distance, robot parameters, and sensor parameters (see least P [0068]: the creation of a “dynamic slowdown zone” as a function of separation distance, robot parameters and sensor parameters. In P [0069] it can be seen that the scalar value is determined in one embodiment “proportionally to the square root of the minimum distance”); But Vu ‘050 does not explicitly teach decomposing the scalar value of the maximum allowed speed into the three cartesian directions for determining positive and negative component vectors for each cartesian direction; and Instead, Lundberg teaches a process starting on Page 14, line 4 for setting “a continuously acting speed restriction on the end effector assembly movements in the one direction.” See also FIG. 3 for clarification on decomposing the speed value for each direction as needed. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the directional awareness and real time maximum speed adjustment of Vu '050 with the 3D maximum velocity vector of Lundberg in order to provide a detailed speed restriction where "the end effector assembly is moveable by the robot in a plurality of other directions that are not restricted by the speed restriction or speed restrictions", and allowing the end effector to be moved "efficiently in the working space" (Lundberg Page 6, Line 10). The improvement to efficiency by controlling individual directions separately is a relevant goal to both the systems of Vu ‘050 and Lundberg, as the robot’s motion is not overly constrained by applying speed restrictions in excessive directions. Neither Vu ‘050 nor Lundberg explicitly teach comparing each component vector of V3D in view of values currently stored in V3D and updating a component vector of V3D during the real-time process if a lower speed is determined for the respective component vector. Instead, Vu ‘050 teaches refined techniques for real time velocity modulation with granular control in P [0069]. Specifically, Vu ‘050 teaches in P [0069] “control[ling] maximum velocity proportionally to the square root of the minimum distance, which reflects the fact that in a constant-deceleration scenario, velocity changes proportionally to the square root of the distance traveled”. In such a constant deceleration scenario the velocity is changed in real time, and a comparison to a past velocity when a lower speed is determined is inherent to the real time process. Lundberg additionally teaches on Page 14 Line 4 a method for setting speed restrictions for each of the directions as necessary, and modification of Vu ‘050 with Lundberg above has already established the ability to break down the velocity vector into its component directions. Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the real time maximum speed adjustment and 3D maximum velocity vector, with the broken down components of Vu '050 and Lundberg with an update specifically to each component of V3D during the real time process if a lower speed is determined for the respective component in order to modify a collaborative robot's speed only along the directions that increase risk for a collision, allowing for "more efficient, but still equally safe" operation as in Vu '050 P [0069]. Indeed, the disclosure of Vu ‘050 in P [0069] and FIG. 5 further demonstrate that the modification of an explicit comparison step to current values and new data along specific directions would have an expected result in the system of Vu ‘050, wherein the system responds in real time with the proper speed limitation(s), and specifically is capable of allowing “the robot [to] move more quickly away from an obstacle than toward it, which maximizes throughput while still correctly preserving safety.” Regarding claims 2 and 12, modified Vu ‘050 teaches the method of claim 1 and the system of claim 11, and Vu ‘050 further teaches receiving, via the analysis module, one or more images from each of one or more sensors, wherein the one or more sensors are arranged to monitor the workspace, and wherein the one or more images include position information for the human in the workspace relative to a position of the respective sensor for each of the one or more sensors, and wherein the analysis module acquires the first set of three-dimensional data from the one or more images (see at least P [0020]: “The mode of operation of the sensors 102 is not critical so long as a 3D representation of the workspace 100 is obtainable from images or other data obtained by the sensors 102.” See also P [0068] discussion on how the person is tracked and mapped within the space) Regarding claims 3 and 13, modified Vu ‘050 teaches the method of claim 2 and the system of claim 12, and Vu ‘050 further teaches that the one or more images further include position information for the machine in the workspace relative to a position of the respective sensor for each of the one or more sensors, and wherein the analysis module acquires the second set of three-dimensional data from the one or more images (see again P [0020] for how the robot 106 or auxiliary equipment 110 is mapped in the space. See also P [0030] for a discussion of registration to machinery within the workspace by the sensors.) Regarding claims 4 and 14, modified Vu ‘050 teaches the method of claim 2 and the system of claim 12, and Vu ‘050 further teaches that the step of acquiring the second set of three-dimensional data associated with the machine includes communicating, via the analysis module, with the machine controller (see at least FIG. 4 wherein the robot controller is in communication with the sensors through the object monitoring system, wherein “the functions of OMS 410 are performed in a control system 112 by analysis module 342” [0056]) Regarding claims 5 and 15, modified Vu ‘050 teaches the method of claim 1 and the system of claim 11, and Vu ‘050 further teaches determining, via the analysis module, a minimum separation distance between the human and the machine in the workspace based on the first set of three-dimensional data and the second set of three-dimensional data (see at least P [0054]: “protective separation distance is calculated using information including robot and human worker position and movement, robot stopping distance, measurement uncertainty, system latency and system control frequency”) and comparing, via the analysis module, the minimum separation distance to a threshold distance, wherein the safety protocol further includes instructions to stop movement of the machine when the minimum separation distance is less than the threshold distance (see at least P [0054]: “When the calculated separation distance decreases to a value below the protective separation distance, the robot system is stopped.”) Regarding claims 7 and 17, modified Vu ‘050 teaches the method of claim 1 and the system of claim 11, and Vu ‘050 further teaches that the step of determining the safety protocol further comprises: determining, via the analysis module, a separation distance between the human and the machine in the workspace based on the first set of three-dimensional data and the second set of three-dimensional data (see at least P [0054]: “protective separation distance is calculated using information including robot and human worker position and movement, robot stopping distance, measurement uncertainty, system latency and system control frequency”) determining, via the analysis module, a scalar value of the maximum allowable speed of the machine based in part on the separation distance (SADM is able to identify the robot’s max speed distinctly from the trajectory, see at least P [0069]) and decomposing, via the analysis module, the maximum allowable speed into three cartesian directions based in part on the scalar value, wherein the plurality of axes of movement of the machine include the three cartesian directions (SADM is able to identify the robot’s velocity as a 3D vector, which necessarily includes the three cartesian directions for trajectory, see at least P [0069]) Regarding claims 8 and 18, modified Vu ‘050 teaches the method of claim 7 and the system of claim 17, and Vu ‘050 further teaches updating, via the analysis module, the maximum allowable speed in the three cartesian directions based on a third set of three-dimensional data associated with the position of the human within the workspace and a fourth set of three-dimensional data associated with the position of the machine within the workspace, wherein the third and fourth sets of three-dimensional data are acquired at a subsequent time relative to the first and second sets of three-dimensional data (see at least P [0068] for a discussion of the speed zones found in FIG. 5 and the real time updates and predictive modeling of the robot and the human in the workspace) Regarding claims 9 and 19, modified Vu ‘050 teaches the method of claim 1 and the system of claim 18, and Vu ‘050 further teaches measuring, via the machine controller, a movement speed of the machine along the plurality of axes of movement (see at least P [0073]: “run as usual, with a maximum velocity being sent over the interface,” implying that the movement speed is monitored during usual operation) and comparing, via the machine controller, the measured movement speed with the corresponding maximum allowable speed in the safety protocol (see at least P [0074]: “SADM 425 may determine the expected speed and position of the robot if the robot is operating in accordance with the safe actions that have been communicated”) Regarding claims 10 and 20, modified Vu ‘050 teaches the method of claim 9 and the system of claim 19, and Vu ‘050 further teaches generating, via the machine controller, a stop signal for the robot if the measured movement speed exceeds the maximum allowable speed (see at least P [0074]: “If the robot's actions do not correspond to the expected actions, SADM 425 causes the robot to transition to a safe state, typically using an emergency stop signal.”) Regarding claim 22, modified Vu ‘050 teaches the method of claim 1, and Vu ‘050 further teaches the process of determining the maximum allowable speed is repeated until all combinations of human and robot points in the respective first and second sets of three-dimensional data have been computed by the analysis model, and wherein the safety protocol with the results is communicated to from the analysis module to the machine controller for implementation only after all combinations of human and robot points have been computed (see at least P [0069]: a repetition sequence is defined where “SADM 425 may consider all points reachable by robot 402 within a certain reaction time given its current joint positions and velocities, and cause control signals to be issued based on the minimum collision time among any of these states. Yet a further refinement is for SADM 425 to take into account the entire planned trajectory of the robot when making this calculation, rather than simply the instantaneous joint velocities.”). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Document ID: DE202019105086U1 Invention pertains to monitoring the speed at an end effector to ensure accuracy. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dairon Estevez whose telephone number is (703)756-4552. The examiner can normally be reached M-F 8:00AM - 4:00PM. 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, Khoi Tran can be reached at (571) 272-6919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.E./Examiner, Art Unit 3656 /KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656
Read full office action

Prosecution Timeline

Show 4 earlier events
Jan 09, 2025
Request for Continued Examination
Jan 14, 2025
Response after Non-Final Action
Feb 10, 2025
Non-Final Rejection mailed — §103
Aug 11, 2025
Response Filed
Sep 29, 2025
Final Rejection mailed — §103
Mar 30, 2026
Request for Continued Examination
Apr 15, 2026
Response after Non-Final Action
May 26, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
68%
Grant Probability
54%
With Interview (-14.2%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 72 resolved cases by this examiner. Grant probability derived from career allowance rate.

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