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
The Amendment filed June 10th, 2025 has been entered. Claims 1-20 are pending in the application. Applicant’s amendments to the Claims 1, 9, and 15 have overcome the rejections previously set forth in the Final Office Action mailed July 3rd, 2025. A further search has been performed to address the material amended in the aforementioned claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Newly found references Forcash (US 20180245316 A1), Perez-Iturbe (US 20130116894 A1), and Friend (US 20140188333 A1) were used for the newly amended claim limitations.
Claim Objections
Claim 9 objected to because of the following informalities:
Claim 9 recites: “indicates that i) a second portion”. It is noted that the structure of the claim allows for a list, but only one element appears to be marked. The other independent claims also do not have this structure.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 3, 6, 7, 8, 9, 10, and 11 are rejected under 35 U.S.C. 103 as unpatentable over Forcash (US 20180245316 A1) in view of Perez-Iturbe (US 20130116894 A1).
Regarding claim 1:
Forcash teaches:
A controller (Forcash: the implement controller 122 [0022]) comprising: one or more memories (Forcash: memory 128 [0022]); and one or more processors (Forcash: a processor, a microprocessor, a microcontroller, or any other suitable means [0022]) configured to:
receive an input image (Forcash: the first image sensor 120-1 may be configured to capture the first image 124-1 shown [0021]), wherein the input image contains a first pictorial view (Forcash: Figs. 4-6) that includes a first portion of a work implement of a work machine (Forcash: implements 106 [0025]; see Note 1A); and
generate an output image containing a second pictorial view (Forcash: the second image sensor 120-2 may be configured to capture the second image 124-2 shown [0021]) and an indication element (Forcash: interactive targets 126 [0031]) superimposed on the second pictorial view (Forcash: the captured images 124 displayed may also provide visual indices corresponding to the identified or selected interactive targets 126 as well as the projected alignment paths thereto [0031]; see also Fig. 6; see Note 1B),
wherein the second pictorial view is at least in part derived from the first pictorial view and includes the first portion of the work implement (Forcash: Fig. 5; see Note 1C),
wherein the indication element includes at least one reference line (Forcash: marked interactive targets 126; see Fig. 6), and
wherein an alignment of the first portion of the work implement with the at least one reference line indicates that a portion of the work implement is positioned at a location corresponding to sections of terrain or material to be loaded (Forcash: In the application of FIG. 6, for instance, the bucket implement 106 may be aligned to the marked interactive targets 126 corresponding to sections of terrain or material 140 to be loaded [0029]).
Note 1A: Two examples in Fig. 4 and Fig. 5 of Forcash showcase that the first image 124-1 includes the work implement 106.
Note 1B: Forcash teaches that the captured images 124 may be analyzed to find “interactive targets”: “The reference models or data may provide digital templates, each corresponding to different types of interactive targets 126 or graphical representations thereof. Using the templates as references, the controller 122 may be able to learn the features to look for within a captured image 124. The controller 122 may confirm presence of an interactive target 126 when there is a substantial match between the digital template and the graphical patterns within a captured image 124.” [0025]. In Figs. 4 and 5, Forcash showcases that the controller 122 placed interactive targets 126 on a portion of the work implement 106.
Note 1C: Forcash showcases in Figs. 4-6 that a second view containing interactive targets may be derived from the first view (the captured image 124, such as in Fig. 3). Because the second view containing the interactive targets is derived from the first view, it inherently includes the first portion of the work implement.
Forcash fails to explicitly teach:
wherein an alignment of the first portion of the work implement with the at least one reference line indicates that a second portion of the work implement that is not contained within either a boundary of the first pictorial view or a boundary of the second pictorial view is positioned at a desired height from a ground surface.
Perez-Iturbe teaches:
wherein an alignment of a sugar cane with the at least one reference line (Perez-Iturbe: FIG. 10 shows camera field of view, auto tracking window and operator adjustable cutter height reference line for an automatic top cutter height control system. [0016]) indicates that a second portion of the work implement that is not contained within either a boundary of the first pictorial view or a boundary of the second pictorial view (see Note 1D) is positioned at a desired height from a ground surface (Perez-Iturbe: "A" 1210 and "B" 1215 height sensors are ultrasonic sensors that measure height above ground [0046]; see Note 1E).
Note 1D: Perez-Iturbe teaches: “In FIG. 10, rectangle 1005 represents the field of view of a camera such as camera 925 in FIG. 9. In FIG. 10, field of view 1005 encompasses the top of sugar cane plant 1020.” [0043]. The work implement (that is, the top cutter 920 in Fig. 9) is not contained within the boundary of, or shown in an area of the image.
Note 1E: Though Perez-Iturbe teaches that the cutter may be set at a desired height on the sugar cane, said desired height is analogous to a height above the ground, because Perez-Iturbe teaches: “Whether by hand or by machine, sugar cane must be cut at the proper height above ground.” [0003] and that said height is measured and used to maintain the cutting height: “’A’ 1210 and ‘B’ 1215 height sensors are ultrasonic sensors that measure height above ground.” [0046]; “Base cutter height is maintained constant above the ground while top cutter height is maintained constant with respect to plant features.” [0050].
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Perez-Iturbe with Forcash. Having an alignment of one or more portions of the work implement with the at least one reference line indicate that a second portion of the work implement that is not contained within either a boundary of the first pictorial view or a boundary of the second pictorial view is positioned at a desired height from a ground surface, as in Perez-Iturbe, would benefit the Forcash teachings by allowing the operator of the controller to focus on driving the vehicle rather than continuously monitoring and adjusting the height of the work implement (Perez-Iturbe: After an operator chooses an initial cutting height the automatic systems maintain that height even as ground conditions change. The operator may change the height to be maintained whenever he wishes [0021]).
Regarding claim 2:
Forcash in view of Perez-Iturbe teaches:
The controller of claim 1 (as shown above), wherein the one or more processors are further configured to receive the input image from an imaging device (Forcash: Each of the image sensors 120 may implement a digital camera, or any other suitable image capturing device configured to capture digital photos, videos, or combinations thereof [0021]), the imaging device being mounted on the work machine and facing the work implement of the work machine, the imaging device being configured to capture the input image containing the first pictorial view that includes the work implement (Forcash: Specifically, the system 118 may provide a first image sensor 120-1 positioned at a first height relative to the work machine 100 configured to capture a first field of view of the implement 106, as well as a second image sensor 120-2 positioned at a second height relative to the work machine 100 configured to capture a second field of view of the implement 106 [0020]).
Regarding claim 3:
Forcash in view of Perez-Iturbe teaches:
The controller of claim 1 (as shown above), wherein the one or more processors are further configured to transmit the output image to a user interface, and wherein the user interface is configured to display the output image thereon to assist an operator in positioning the second portion of the work implement at the desired height (Forcash: In other modifications, the captured images 124, such as those shown in FIGS. 3-6, may be displayed on a screen or other output device 132 of the user interface 130 to further assist the operator in aligning the implement 106 to the interactive targets 126. [0031]).
Regarding claim 6:
Forcash in view of Perez-Iturbe teaches:
The controller of claim 3 (as shown above), wherein the one or more processors are further configured to receive an input signal from an operator for adjusting a position of the indication element based on the desired height (Perez-Iturbe: After an operator chooses an initial cutting height the automatic systems maintain that height even as ground conditions change. The operator may change the height to be maintained whenever he wishes. [0021]).
Regarding claim 7:
Forcash in view of Perez-Iturbe teaches:
The controller of claim 1 (as shown above), wherein the indication element includes a reference zone, wherein the reference zone includes a plurality of reference lines (Forcash: see Fig. 6; see Note 7A), and wherein an alignment of the first portion of the work implement with at least one of the plurality of reference lines indicates that the second portion of the work implement is positioned at the desired height from the ground surface (Forcash: In the application of FIG. 6, for instance, the bucket implement 106 may be aligned to the marked interactive targets 126 corresponding to sections of terrain or material 140 to be loaded [0029]).
Note 7A: Fig. 6 showcases that a plurality of interactive targets may be determined, which may reasonably be interpreted as a “reference zone”. Forcash further teaches in [0029] above that the work implement may be aligned with the targets in order to be at the proper height to load terrain or material.
Regarding claim 8:
Forcash in view of Perez-Iturbe teaches:
The controller of claim 1 (as shown above), wherein the alignment comprises superimposing the at least one reference line over the first portion of the work implement in the second pictorial view (Forcash: Fig. 4-6; see Note 8A).
Note 8A: Forcash showcases captured image 124-1 (as seen in Fig. 3) may have reference targets 126 superimposed on it (as seen in Fig. 4).
Regarding claim 9:
Forcash teaches:
An operator assistance system associated with a work machine, the operator assistance system comprising:
an imaging device (Forcash: Each of the image sensors 120 may implement a digital camera, or any other suitable image capturing device configured to capture digital photos, videos, or combinations thereof [0021]) mounted on the work machine and facing the work implement of the work machine, the imaging device being configured to capture the input image containing the first pictorial view that includes the work implement (Forcash: Specifically, the system 118 may provide a first image sensor 120-1 positioned at a first height relative to the work machine 100 configured to capture a first field of view of the implement 106, as well as a second image sensor 120-2 positioned at a second height relative to the work machine 100 configured to capture a second field of view of the implement 106 [0020])
a controller (Forcash: the implement controller 122 [0022]) communicably coupled with the imaging device (Forcash: an implement controller in electrical communication with the image sensors [0005]), the controller including one or more processors configured to (Forcash: a processor, a microprocessor, a microcontroller, or any other suitable means [0022]):
receive the input image from the imaging device (Forcash: the first image sensor 120-1 may be configured to capture the first image 124-1 shown [0021]);
generate an output image containing a second pictorial view (Forcash: the second image sensor 120-2 may be configured to capture the second image 124-2 shown [0021]) and an indication element (Forcash: interactive targets 126 [0031]) superimposed on the second pictorial view (Forcash: the captured images 124 displayed may also provide visual indices corresponding to the identified or selected interactive targets 126 as well as the projected alignment paths thereto [0031]; see also Fig. 6; see Note 1B),
wherein the second pictorial view is at least in part derived from the first pictorial view and includes the first portion of the work implement (Forcash: Fig. 5; see Note 1C),
wherein the indication element includes at least one reference line (Forcash: marked interactive targets 126; see Fig. 6), and
wherein an alignment of the first portion of the work implement with the at least one reference line indicates that a portion of the work implement is positioned at a location corresponding to sections of terrain or material to be loaded (Forcash: In the application of FIG. 6, for instance, the bucket implement 106 may be aligned to the marked interactive targets 126 corresponding to sections of terrain or material 140 to be loaded [0029]); and
a user interface configured to receive the output image from the one or more processors, wherein the user interface is configured to display the output image thereon to assist an operator in positioning the second portion of the work implement at the desired height (Forcash: In other modifications, the captured images 124, such as those shown in FIGS. 3-6, may be displayed on a screen or other output device 132 of the user interface 130 to further assist the operator in aligning the implement 106 to the interactive targets 126. [0031]).
Forcash fails to explicitly teach:
wherein an alignment of the first portion of the work implement with the at least one reference line indicates that i) a second portion of the work implement which is not visible in the second pictorial view and which is outside of an area of the second pictorial view is positioned at a desired height from a ground surface;
Perez-Iturbe teaches:
wherein an alignment of a sugar cane with the at least one reference line (Perez-Iturbe: FIG. 10 shows camera field of view, auto tracking window and operator adjustable cutter height reference line for an automatic top cutter height control system. [0016]) indicates that i) a second portion of the work implement which is not visible in the second pictorial view and which is outside of an area of the second pictorial view (see Note 1D) is positioned at a desired height from a ground surface (Perez-Iturbe: "A" 1210 and "B" 1215 height sensors are ultrasonic sensors that measure height above ground [0046]; see Note 1E).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Perez-Iturbe with Forcash. Having an alignment of one or more portions of the work implement with the at least one reference line indicate that a second portion of the work implement that is not contained within either a boundary of the first pictorial view or a boundary of the second pictorial view is positioned at a desired height from a ground surface, as in Perez-Iturbe, would benefit the Forcash teachings by allowing the operator of the controller to focus on driving the vehicle rather than continuously monitoring and adjusting the height of the work implement (Perez-Iturbe: After an operator chooses an initial cutting height the automatic systems maintain that height even as ground conditions change. The operator may change the height to be maintained whenever he wishes [0021]).
Regarding claim 10:
Forcash in view of Perez-Iturbe teaches:
The operator assistance system of claim 9 (as shown above), wherein the indication element includes a reference zone, wherein the reference zone includes a plurality of reference lines (Forcash: see Fig. 6; see Note 7A), and wherein an alignment of the first portion of the work implement with at least one of the plurality of reference lines indicates that the second portion of the work implement is positioned at the desired height from the ground surface (Forcash: In the application of FIG. 6, for instance, the bucket implement 106 may be aligned to the marked interactive targets 126 corresponding to sections of terrain or material 140 to be loaded [0029]).
Regarding claim 11:
Forcash in view of Perez-Iturbe teaches:
The operator assistance system of claim 9 (as shown above), wherein the one or more processors are further configured to receive an input signal from the operator for adjusting a position of the indication element based on the desired height (Perez-Iturbe: After an operator chooses an initial cutting height the automatic systems maintain that height even as ground conditions change. The operator may change the height to be maintained whenever he wishes. [0021]).
Claims 4, 5, 12, 13, and 14 are rejected under 35 U.S.C. 103 as unpatentable over Forcash (US 20180245316 A1) in view of Perez-Iturbe (US 20130116894 A1) and Nakazawa (US 20210404151 A1).
Regarding claim 4:
Forcash in view of Perez-Iturbe teaches:
The controller of claim 3 (as shown above),
Forcash in view of Perez-Iturbe fails to explicitly teach:
wherein the user interface is configured to display the output image based on an operating mode of the work implement.
Nakazawa teaches:
wherein the user interface is configured to display the output image based on an operating mode of the work implement (Nakazawa: The image controller 41 generates an image IC_F illustrated in FIG. 5 and causes the image IC_F to be displayed on the display 42 during excavation. The image controller 41 may automatically determine that the work machine 1 is excavating. [0050]).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe. Having the user interface be configured to display the output image based on an operating mode of the work implement, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe teachings by only displaying relevant height information when necessary, opening up space on the display for other information and decluttering the user interface.
Regarding claim 5:
Forcash in view of Perez-Iturbe teaches:
The controller of claim 3 (as shown above),
Forcash in view of Perez-Iturbe fails to explicitly teach:
wherein the output image is displayed on the user interface when the work implement is engaged with the ground surface or disengaged from the ground surface.
Nakazawa teaches:
wherein the output image is displayed on the user interface when the work implement is engaged with the ground surface or disengaged from the ground surface (Nakazawa: The image controller 41 generates an image IC_F illustrated in FIG. 5 and causes the image IC_F to be displayed on the display 42 during excavation. The image controller 41 may automatically determine that the work machine 1 is excavating. [0050]; see Note 5A).
Note 5A: In the event that the work machine is excavating, the work implement will be engaged with the ground surface.
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe. Displaying the output image on the user interface when the work implement is engaged with the ground surface or disengaged from the ground surface, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe teachings by only displaying relevant height information when necessary, opening up space on the display for other information and decluttering the user interface.
Regarding claim 12:
Forcash in view of Perez-Iturbe teaches:
The operator assistance system of claim 9 (as shown above),
Forcash in view of Perez-Iturbe fails to explicitly teach:
wherein the user interface is configured to display the output image based on an operating mode of the work implement.
Nakazawa teaches:
wherein the user interface is configured to display the output image based on an operating mode of the work implement (Nakazawa: The image controller 41 generates an image IC_F illustrated in FIG. 5 and causes the image IC_F to be displayed on the display 42 during excavation. The image controller 41 may automatically determine that the work machine 1 is excavating. [0050]).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe. Having the user interface be configured to display the output image based on an operating mode of the work implement, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe teachings by only displaying relevant height information when necessary, opening up space on the display for other information and decluttering the user interface.
Regarding claim 13:
Forcash in view of Perez-Iturbe teaches:
The operator assistance system of claim 9 (as shown above),
Forcash in view of Perez-Iturbe fails to explicitly teach:
wherein the output image is displayed on the user interface when the second portion of the work implement is engaged with the ground surface or disengaged from the ground surface.
Nakazawa teaches:
wherein the output image is displayed on the user interface when the second portion of the work implement is engaged with the ground surface or disengaged from the ground surface (Nakazawa: The image controller 41 generates an image IC_F illustrated in FIG. 5 and causes the image IC_F to be displayed on the display 42 during excavation. The image controller 41 may automatically determine that the work machine 1 is excavating. [0050]; see Note 5A).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe. Displaying the output image on the user interface when the work implement is engaged with the ground surface or disengaged from the ground surface, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe teachings by only displaying relevant height information when necessary, opening up space on the display for other information and decluttering the user interface.
Regarding claim 14:
Forcash in view of Perez-Iturbe teaches:
The operator assistance system of claim 9 (as shown above),
Forcash in view of Perez-Iturbe fails to explicitly teach:
wherein the second portion of the work implement is a ripper.
Nakazawa teaches:
wherein the second portion of the work implement is a ripper (Nakazawa: A ripper device 5 [0018]; see Note 14A).
Note 14A: Forcash teaches: “While only tasks or applications related to fork and bucket implements 106 are disclosed, it will be understood that other types of implements 106 may also be employed. For instance, the implement controller 122 may identify interactive targets 126 other than those shown in FIGS. 4-6 in other types of applications.” [0025].
Nakazawa teaches: “A ripper device 5 is attached to a rear part of the vehicle body 2” [0018]. The ripper is visible via camera C3, as shown in Fig. 1 of Nakazawa. Nakazawa further teaches: “the work machine is not limited to a bulldozer and may be another type of work machine such as a wheel loader or a hydraulic excavator.” [0058]. Utilizing another kind of work machine would necessitate a change in what work implement is used. Additionally, it is well known in the art that a ripper is a work implement that can be attached to (for example) a hydraulic excavator. Therefore, it would be obvious for one of ordinary skill in the art to utilize a ripper as a work implement.
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe. Having the work implement be a ripper, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe teachings by enabling an operator to “set and forget” the height of the ripper and enable the system to automatically adjust the ripper based on ground height.
Claims 15, 16, and 17 is rejected under 35 U.S.C 103 as being unpatentable over Forcash (US 20180245316 A1) in view of Perez-Iturbe (US 20130116894 A1), and Friend (US 20140188333 A1).
Regarding claim 15:
Forcash teaches:
A method of assisting an operator of a work machine, the method comprising:
capturing, by an imaging device mounted on the work machine and facing a work implement of the work machine (Forcash: Specifically, the system 118 may provide a first image sensor 120-1 positioned at a first height relative to the work machine 100 configured to capture a first field of view of the implement 106, as well as a second image sensor 120-2 positioned at a second height relative to the work machine 100 configured to capture a second field of view of the implement 106 [0020]), an input image containing a first pictorial view (Forcash: Figs. 4-6) that includes a first portion of a work implement of a work machine (Forcash: implements 106 [0025]; see Note 1A); and
an imaging device (Forcash: Each of the image sensors 120 may implement a digital camera, or any other suitable image capturing device configured to capture digital photos, videos, or combinations thereof [0021]) mounted on the work machine and facing the work implement of the work machine, the imaging device being configured to capture the input image containing the first pictorial view that includes the work implement (Forcash: Specifically, the system 118 may provide a first image sensor 120-1 positioned at a first height relative to the work machine 100 configured to capture a first field of view of the implement 106, as well as a second image sensor 120-2 positioned at a second height relative to the work machine 100 configured to capture a second field of view of the implement 106 [0020]);
receiving, by a controller communicably coupled with the imaging device, the input image from the imaging device (Forcash: The implement controller may be configured to receive the images from the image sensors [0005]);
generating, by the controller, an output image containing a second pictorial view (Forcash: the second image sensor 120-2 may be configured to capture the second image 124-2 shown [0021]) and an indication element (Forcash: interactive targets 126 [0031]) superimposed on the second pictorial view (Forcash: the captured images 124 displayed may also provide visual indices corresponding to the identified or selected interactive targets 126 as well as the projected alignment paths thereto [0031]; see also Fig. 6; see Note 1B),
wherein the second pictorial view is at least in part derived from the first pictorial view and includes the portion of the work implement (Forcash: Fig. 5; see Note 1C),
wherein the indication element includes at least one reference line (Forcash: marked interactive targets 126; see Fig. 6), and
wherein an alignment of the portion of the work implement with the at least one reference line indicates that a portion of the work implement is positioned at a location corresponding to sections of terrain or material to be loaded (Forcash: In the application of FIG. 6, for instance, the bucket implement 106 may be aligned to the marked interactive targets 126 corresponding to sections of terrain or material 140 to be loaded [0029]); and which is configured to engage a ground surface (Forcash: for earthmoving or related applications in which a bucket implement 106 is used [0024]), is positioned at a desired height from a ground surface (Forcash: Fig. 6, see Note 15A; and
displaying the output image on a user interface to assist the operator in positioning the second portion of the work implement at the desired height (Forcash: In other modifications, the captured images 124, such as those shown in FIGS. 3-6, may be displayed on a screen or other output device 132 of the user interface 130 to further assist the operator in aligning the implement 106 to the interactive targets 126. [0031]), wherein the user interface is configured to receive the output image from the controller (Forcash: the controller 122 may employ the output devices 132 of the user interface 130 to communicate with or to guide the operator in controlling the implement 106 based on image processing of the captured images 124 [0023]).
Note 15A: Fig. 6 of Forcash showcases multiple heights at which the bucket may be aligned in order to move the terrain.
Forcash fails to explicitly teach:
wherein an alignment of the portion of the work implement with the at least one reference line indicates that another portion of the work implement, which is not visible in either the first or second pictorial view because the another portion of the work implement is blocked from view by the portion of the work implement, and which is configured to engage a ground surface, is positioned at a desired height from a ground surface;
Perez-Iturbe teaches:
wherein an alignment of a sugar cane with the at least one reference line (Perez-Iturbe: FIG. 10 shows camera field of view, auto tracking window and operator adjustable cutter height reference line for an automatic top cutter height control system. [0016]) indicates that another portion of the work implement, which is not visible in either the first or second pictorial view (see Note 1D) is positioned at a desired height from a ground surface (Perez-Iturbe: "A" 1210 and "B" 1215 height sensors are ultrasonic sensors that measure height above ground [0046]; see Note 1E).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Perez-Iturbe with Forcash. Having an alignment of one or more portions of the work implement with the at least one reference line indicate that a second portion of the work implement that is not contained within either a boundary of the first pictorial view or a boundary of the second pictorial view is positioned at a desired height from a ground surface, as in Perez-Iturbe, would benefit the Forcash teachings by allowing the operator of the controller to focus on driving the vehicle rather than continuously monitoring and adjusting the height of the work implement (Perez-Iturbe: After an operator chooses an initial cutting height the automatic systems maintain that height even as ground conditions change. The operator may change the height to be maintained whenever he wishes [0021]).
Forcash in view of Perez-Iturbe still fails to explicitly teach:
wherein an alignment of the portion of the work implement with the at least one reference line indicates that another portion of the work implement, which is not visible in either the first or second pictorial view because the another portion of the work implement is blocked from view by the portion of the work implement, and which is configured to engage a ground surface, is positioned at a desired height from a ground surface;
Friend teaches:
wherein the indication element includes at least one reference line (Friend: the operator may be attempting to excavate to or through a target point 312, such as a specific ore deposit or a finished contour for the pit 150. In some instances, the target point 312 may reflect the difference between the present terrain or topography and the desired terrain and topography thereby indicating where material should be removed. The target point 312 may be included in the augmentation overlay 234 in any appropriate manner including solid lines, shading, graphics, text and the like. [0038]), and wherein an alignment of the portion of the work implement (see Note 15B) with the at least one reference line indicates that another portion of the work implement, which is not visible in either the first or second pictorial view because the another portion of the work implement is blocked from view by the portion of the work implement (Friend: In other applications, a portion of the work implement may be submerged or concealed by other parts of the machine. [0035]), and which is configured to engage a ground surface, is positioned at a desired height from a ground surface (Friend: The controller 140 can combine the implement position data 210 and the implement dimensional data 212 to determine the physical extension of the implement including its volumetric boundaries and its placement with respect to the machine and within the environment or terrain in which the implement is engaged. [0035]; see Note 15B);
Note 15B: When combined with the teachings of Forcash in view of Perez-Iturbe, it would be obvious to one of ordinary skill in the art that aligning the work implement with the target point indicates the desired height.
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Friend with Forcash in view of Perez-Iturbe. Having an alignment of one or more portions of the work implement with the at least one reference line indicate that another portion of the work implement, which is not visible in either the first or second pictorial view because the another portion of the work implement is blocked from view by the portion of the work implement, is positioned at a desired position, as in Friend, would benefit the Forcash in view of Perez-Iturbe teachings by ensuring the operator knows the location of the work implement at all times, ensuring safe work conditions: (Friend: the operator might not see the actual engagement between a working edge 118 or working point on the bucket 116 and the walls 152 of the pit 150 which may result in a misshapen excavation operation or in the bucket 116 or another part of the work implement unintentionally striking objects or fixtures present at the worksite. [0035].
Regarding claim 16:
Forcash in view of Perez-Iturbe and Friend teaches:
The method of claim 15 (as shown above), wherein the indication element includes a reference zone, wherein the reference zone includes a plurality of reference lines (Forcash: see Fig. 6; see Note 7A), and wherein an alignment of the portion of the work implement with at least one of the plurality of reference lines indicates that the another portion of the work implement is positioned at the desired height from the ground surface (Forcash: In the application of FIG. 6, for instance, the bucket implement 106 may be aligned to the marked interactive targets 126 corresponding to sections of terrain or material 140 to be loaded [0029]).
Regarding claim 17:
Forcash in view of Perez-Iturbe and Friend teaches:
The method of claim 15 (as shown above), further comprising receiving, by the controller, an input signal from the operator for adjusting a position of the indication element based on the desired height (Perez-Iturbe: After an operator chooses an initial cutting height the automatic systems maintain that height even as ground conditions change. The operator may change the height to be maintained whenever he wishes. [0021]).
Claims 18, 19, and 20 are rejected under 35 U.S.C. 103 as unpatentable over Forcash (US 20180245316 A1) in view of Perez-Iturbe (US 20130116894 A1), Friend (US 20140188333 A1), and Nakazawa (US 20210404151 A1).
Regarding claim 18:
Forcash in view of Perez-Iturbe and Friend teaches:
The method of claim 15 (as shown above), further comprising
Forcash in view of Perez-Iturbe and Friend fails to explicitly teach:
displaying the output image based on an operating mode of the portion of the work implement or the another portion of the work implement.
Nakazawa teaches:
displaying the output image based on an operating mode of the portion of the work implement or the another portion of the work implement (Nakazawa: The image controller 41 generates an image IC_F illustrated in FIG. 5 and causes the image IC_F to be displayed on the display 42 during excavation. The image controller 41 may automatically determine that the work machine 1 is excavating. [0050]).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe and Friend. Displaying the output image based on an operating mode of the portion of the work implement or the another portion of the work implement t, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe and Friend teachings by only displaying relevant height information when necessary, opening up space on the display for other information and decluttering the user interface.
Regarding claim 19:
Forcash in view of Perez-Iturbe and Friend teaches:
The method of claim 15 (as shown above), further comprising
Forcash in view of Perez-Iturbe and Friend fails to explicitly teach:
displaying the output image on the user interface when the another portion of the work implement is engaged with the ground surface or disengaged from the ground surface.
Nakazawa teaches:
displaying the output image on the user interface when the another portion of the work implement is engaged with the ground surface or disengaged from the ground surface (Nakazawa: The image controller 41 generates an image IC_F illustrated in FIG. 5 and causes the image IC_F to be displayed on the display 42 during excavation. The image controller 41 may automatically determine that the work machine 1 is excavating. [0050]; see Note 5A).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe and Friend. Displaying the output image on the user interface when the another portion of the work implement is engaged with the ground surface or disengaged from the ground surface, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe and Friend teachings by only displaying relevant height information when necessary, opening up space on the display for other information and decluttering the user interface.
Regarding claim 20:
Forcash in view of Perez-Iturbe and Friend teaches:
The method of claim 15 (as shown above),
Forcash in view of Perez-Iturbe and Friend fails to explicitly teach:
wherein the second portion of the work implement is a ripper.
Nakazawa teaches:
wherein the second portion of the work implement is a ripper (Nakazawa: A ripper device 5 [0018]; see Note 14A).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to combine the teachings of Nakazawa with Forcash in view of Perez-Iturbe and Friend. Having the work implement be a ripper, as in Nakazawa, would benefit the Forcash in view of Perez-Iturbe and Friend teachings by enabling an operator to “set and forget” the height of the ripper and enable the system to automatically adjust the ripper based on ground height.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT ALEXANDER PROVIDENCE whose telephone number is (571)270-5765. The examiner can normally be reached Monday-Thursday 8:30-5:00.
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, King Poon can be reached on (571)270-0728. 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.
/VINCENT ALEXANDER PROVIDENCE/Examiner, Art Unit 2617 /KING Y POON/Supervisory Patent Examiner, Art Unit 2617