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 Arguments
The amendment filed 9/2/2025 has been entered. Claims 1, 10, and 19 are amended. Claims 1, 4-10, and 13-19 remain pending in the application.
Applicant’s arguments, see pages 10-11, with respect to the prior art not teaching the amended subject matter have been fully considered and are not persuasive. The examiner agrees that Ready-Campbell and Tsukasa does not explicitly teach “wherein each of the plurality of sequence points comprises a point at which the cross-sectional shape is changed.” The applicant also argues that Matson in combination with Ready-Campbell and Tsukasa also does not explicitly teach the particular amended feature. Though Matson does not specifically teach setting the cross-sectional shape for each of the sequence points and wherein each of the plurality of sequence points comprises a point at which the cross-sectional shape is changed, it would have been obvious in view of the combination of the prior art. Ready-Campbell teaches the series of target locations for the trench to be excavated (See at least [0145] and [0176] of Ready-Campbell). Matson teaches setting the cross-sectional shape of the trench to be executed (see at least [0033] of Matson) wherein the trench is sloped/graded as illustrated in at least figs. 14 (provided below) and 19 and illustrates a series of cross-sections for different positions along the length of the trench (see at least fig. 16 (provided below) and [0049] of Matson), and using set cross-sectional shape to instruct the operator of the desired excavation (see at least [0042] of Matson). As illustrated in at least figs. 14, 16, and 19, the trench would have deeper or shallower cross-sections along the entire length of the trench based on slope/grade. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell, BÖS, Tsusaka, and Matson with a reasonable expectation of success to set the cross-sectional shape for each of the sequence points and wherein each of the plurality of sequence points comprises a point at which the cross-sectional shape is changed to facilitate excavating the trench to the desired shape along the entire length of the trench including excavating sloped trenches where each position would have a cross-sectional shape of differing depth (bottom elevation).
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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(s) 1, 5-7, 8-10, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ready-Campbell (US 20220070611 A1) in view of BÖS (US 20240035256 A1), Tsusaka (US 20190235490 A1), and Matson (US 20170292248 A1).
Regarding Claim 1,
Ready-Campbell teaches
A method of making a work plan for construction machinery, (See at least the flowchart of fig. 5B and corresponding description [0096-0099] for a method of generating target tool paths for an excavator.)
the method comprising: providing construction site information including an orthographic image and work data, to a server; (“a computing device used by an operator, generates a graphical user interface that displays a three-dimensional representation of the site.” See at least [0005], wherein the computing device is a server.; “Digital files may be image files describing the geographic layout of the site as a function of location within a coordinate space of the site, with different images representing a dig location, fill location, an entry ramp, etc. Geographic locations in the coordinate space may be represented as one or more two-dimensional points or three-dimensional points. The digital file may also include data describing how the earth shaping vehicle 115 ought to interact with each location discussed in the digital file.” See at least [0083], wherein the digital file includes orthographic images and work data.; “As described above, a digital file of the site detailing planned excavation of a hole and the area surrounding the hole is received 560 by the controller 150 … In some instances, the controller 150 may access these digital files from an central computer 120” See at least [0096])
setting a trench excavation work plan on the orthographic image based on the work data in a display device of the server, the trench excavation work plan displaying (“The interfaces generated by the tool path interface engine 810 are presented to the operator via a screen on a computing device. The tool path interface engine 810 generates a virtual representation of a dig site including a location of an earth shaping vehicle 115 within the site, other physical features within the site, a target location where earth is to be moved, and a geofence that restricts navigation of the vehicle 115 within the site based on inputs from the operator.” See at least [0145], wherein the screen on a computing device is the display device of the server.; See at least fig. 10G (provided below) and the corresponding description [0202-0203]: “FIG. 10G illustrates an interface 1020 augmented with a topographical map of the dig site and additional graphic elements that provide insight into operation of the vehicle 935, … The progress tracker engine 820 may additionally modify display panel 931 to display the graphical feature 1057, a three-dimensional representation of an area of a target location currently being excavated or yet to be excavated by the vehicle 935.”; “the graphic representation 1051 is a visualization of the instructions defined in a target tool path. A comparison of the graphic element 1051 relative to the graphic element 1052 describes a deviation of the earth shaping tool 1021 from its planned path.” Examiner Interpretation: Graphic element 1057 represents a target location of a trench. At least graphic element 1051 displays a work route line and graphic element 1052 displays a work position of construction machinery.)
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and transmitting the trench excavation work plan from a server to a worker terminal, (“The operator 1008 controls a computing device 1009, … the computing device 1009 modifies a user interface displayed on the device 1009 to inform the operator 1008 of the vehicle's progress and current status.” See at least [0191], wherein the computing device (interpreted as the server) controlling the user interface (worker terminal) to display updates to the operator is equivalent to transmitting the plan from a server to a worker terminal.)
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wherein setting the trench excavation work plan is executed through the display device of the server, (“the operator interface engine 450 may generate graphical user interfaces for the operator to modify the tool path in real-time.” See at least [0079]; “The tool path interface engine 810 generates various graphical user interfaces and graphic elements that enable an operator to build a target tool path. The various interfaces and graphic elements are generated, modified, or displayed in response to an input from the operator, for example a touch input or a keystroke input. The interfaces generated by the tool path interface engine 810 are presented to the operator via a screen on a computing device.” See at least [0145])
wherein setting the trench excavation work plan includes, setting a plurality of sequence points on the orthographic image, wherein each of the plurality of sequence points is spaced apart from each other of the plurality of sequence points and wherein each of the plurality of sequence points is disposed along a single trench for which the trench excavation work plan is to be performed; (“The tool path interface engine 810 generates a virtual representation of a dig site including a location of an earth shaping vehicle 115 within the site, other physical features within the site, a target location where earth is to be moved, and a geofence that restricts navigation of the vehicle 115 within the site based on inputs from the operator. As described herein, a location in the dig site that is subject to an earth shaping routine is referred to as a “target location.” Examples of target locations include an area where earth is to be excavated or a hole where earth is to be filled. Examples of target locations include an area where earth is to be excavated or a hole where earth is to be filled. In some implementations, a target tool path defines multiple target locations” See at least [0145]; “The layout 903 represents a target location, or a series of target locations, where earth shaping vehicles performing a trenching routine to excavate a trench. … based on the layout 903 (a task geometry for excavating a trench), the tool path interface engine 810 may determine that a trench is to be excavated along the coordinate points displayed on the display panel 912. … FIG. 9D illustrates an interface displayed to an operator to build target tool paths,” See at least [0176-0179] and figs. 9C-9D)
Ready-Campbell does not explicitly teach, but BÖS teaches
wherein setting the trench excavation work plan further includes setting a manned work area; (“one can define a place of retreat 8 defined as a safe location in the zone 1. This place of retreat 8 is designed in such a way that even in the event of a possible malfunction of the unmanned loading machine 2, there is no danger to the operator 6 located at the safe place of retreat.” See at least [0058] and fig. 3 (provided below), wherein the safe place of retreat 8 is a manned work area.)
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It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell to further include the teachings of BÖS with a reasonable expectation of success to improve safety of people at the worksite by defining an area as a safe place for humans outside the presence of operating unmanned machines and to increase efficiency as the operator doesn’t have to entirely leave a worksite for the unmanned machines to begin operating (see at least [0058-0059]).
BÖS also does not explicitly teach, but Tsusaka teaches
a plurality of work route lines (See at least fig. 31 (provided below))
setting a sequence number for each sequence point by reflecting a work sequence; (“The planned route information shown in FIG. 5 includes position information (x, y, θ) on the mobile robot 1 at each time. … The time from t0 to tn includes a time later than the current time. That is, the planned route information includes a planned route along which the mobile robot 1 is to travel. When the planned route information superimposed on the map information is displayed on the display 119, the planned route can be represented by a figure such as an arrow indicating the travel direction of the mobile robot 1.” See at least [0179-0181], fig. 5 (provided below) and fig. 10B (same as fig. 5), wherein the times t0 to tn are sequence numbers for each planned position of the mobile robot in the planned route.)
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setting each of the work route lines by connecting two sequence points adjacent to each other, according to the sequence number; … and wherein each of the work route lines is expressed as an arrow in a direction according to the sequence number in which the (“An example of the planned route information is information indicating along which route the mobile robot 1 travels on floor 301a of the room, as shown in the form of the first planned route 338 indicated by an arrow 338 in FIG. 12, an arrow 338 in FIG. 30, or an arrow 338 in FIG. 31. Alternatively, the input and output unit 6 may acquire, as the planned route information, the position information at each time shown in FIG. 10B.” See at least [0264], fig. 10B, and fig. 31 (provided below); Examiner Interpretation: The planned route is defined by sequenced positions in at least fig. 10B. Indicating the work route by arrows connecting planned positions as shown in at least fig. 31 is equivalent to setting work route lines by connecting adjacent sequence points.)
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It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell and BÖS to further include the teachings of Tsusaka with a reasonable expectation of success to “make it possible to provide a mobile robot with high convenience that allows the user to easily grasp and change the planned route of the mobile robot with the terminal apparatus in his or her hand, and a control method of the mobile robot.” (See at least [0017])
Tsusaka also does not explicitly teach, but Matson teaches
setting a cross-sectional shape for inclination and top width of the cross-sectional shape, (“the method, for example at 102, includes inputting and/or receiving a desired parameter or parameters of an excavation. For example, desired width, desired length, desired height (depth), desired slope (grade), including side slope and/or longitudinal slope, desired profile, and/or desired elevation of an excavation may be input via the interface, such as interface 40.” See at least [0033]; “In the illustrated example, the interface 240 displays information for the excavation 244, such as for example, height (depth), width (at the top and the bottom of the excavation), and slope (side slope) of the excavation 244. In the illustrated example, a schematic cross-sectional representation of the desired dimensions or parameters, such as desired dimension(s) or other parameter(s) 242, of the excavation 244 is displayed in relation to an unexcavated (or partially excavated) cross section of the area being excavated.” See at least [0046]; Also see at least fig. 16 and [0049] for a series of cross-sectional images for different positions.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell, BÖS, and Tsusaka to further include the teachings of Matson to provide a cross-sectional shape for excavation at the dig locations to improve the operator’s ability to accurately excavate the desired trench shape (see at least [0042]).
Though Matson does not specifically teach setting the cross-sectional shape for each of the sequence points and wherein each of the plurality of sequence points comprises a point at which the cross-sectional shape is changed, it would have been obvious in view of the combination of the prior art. Ready-Campbell teaches the series of target locations for the trench to be excavated (See at least [0145] and [0176] of Ready-Campbell). Matson teaches setting the cross-sectional shape of the trench to be executed (see at least [0033] of Matson) wherein the trench is sloped/graded as illustrated in at least figs. 14 and 19 and illustrates a series of cross-sections for different positions along the length of the trench (see at least fig. 16 and [0049] of Matson), and using set cross-sectional shape to instruct the operator of the desired excavation (see at least [0042] of Matson). As illustrated in at least figs. 14, 16, and 19, the trench would have deeper or shallower cross-sections along the entire length of the trench based on slope/grade. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell, BÖS, Tsusaka, and Matson with a reasonable expectation of success to set the cross-sectional shape for each of the sequence points and wherein each of the plurality of sequence points comprises a point at which the cross-sectional shape is changed to facilitate excavating the trench to the desired shape along the entire length of the trench including excavating sloped trenches where each position would have a cross-sectional shape of differing depth (bottom elevation).
Regarding Claim 5,
Ready-Campbell further teaches
wherein the orthographic image includes a reference coordinate, and the work route lines and the work position of the construction machinery are set based on the reference coordinate. (“Digital files may be image files describing the geographic layout of the site as a function of location within a coordinate space of the site, with different images representing a dig location, fill location, an entry ramp, etc. Geographic locations in the coordinate space may be represented as one or more two-dimensional points or three-dimensional points. The digital file may also include data describing how the earth shaping vehicle 115 ought to interact with each location discussed in the digital file.” See at least [0083]; “for each of the recorded images, the preparation engine 420 records and translates the position and orientation of features within the site into the point cloud representations with respect to the coordinate space of the digital file.” See at least [0087]; “The digging engine 610 may also continuously or periodically track the position of the tool within the coordinate space” See at least [0103]; Examiner Interpretation: There is a reference coordinate because the positions of all the geographic features, work plans, and work tool are known relative to a coordinate in coordinate space.)
Regarding Claim 6,
Ready-Campbell further teaches
wherein setting the trench excavation work plan on the orthographic image further includes displaying on a screen by overlaying an earthwork drawing on the orthographic image. (See at least fig. 10G and [0202] for the earthwork drawing displayed on the screen of the graphical user interface.)
Regarding Claim 7,
Ready-Campbell further teaches
wherein setting the trench excavation work plan further includes setting a moving direction of a vehicle to load soil or a filling direction of the soil by reflecting the work position of the construction machinery. (“Relative to the position of the tool, the progress tracker engine 820 may generate a graphic element 1051 illustrating the planned movement of the tool 1021 and a graphic element 1052 illustrating the actual movement of the tool 1021. The movement of the tool 1021 may be monitored as the bucket moves through air and the ground surface. In some embodiments, the graphic representation 1051 is a visualization of the instructions defined in a target tool path.” See at least [0203] and fig. 10G, wherein graphic element 1051 indicates the set movement direction to load/fill the bucket with soil.)
Regarding Claim 9,
Ready-Campbell further teaches
wherein setting the trench excavation work plan further includes setting a remoted work area. (“the tool path update engine 830 may generate a graphical user interface for an operator to manually modify coordinates of a geofence within the dig site, add coordinates to the geofence, delete coordinates from the geofence, or a combination thereof. As described herein, a geofence is combination of points within a coordinate system of the site (e.g., a geographic coordinate system, a relative coordinate system, and an absolute coordinate system) and a perimeter within the coordinate system represented by a connection of the combination of points within the coordinate system. When communicated to a controller 150 on an earth shaping vehicle 115, a geofence represents a boundary within which the vehicle 115 can navigate. … As an earth shaping vehicle 115 performs a target tool path at the target location, the vehicle 115 is restricted to navigate within the geofence around the target location.” See at least [0157-0158]; “Although the techniques described above enable earth shaping vehicles 115 to autonomously or semi-autonomously perform earth shaping routines, a human operator may still be responsible for managing and overseeing the performance of the earth shaping routines. Because these routines are performed autonomously or semi-autonomously, the operator is not seated in the vehicle 115, but rather is located elsewhere in the dig site.” See at least [0142]; Examiner Interpretation: The geofence specifies a remoted work area because it restricts where the vehicle can operate wherein the vehicle is an autonomous vehicle remotely operated/monitored by a remote operator.)
Regarding Claim 10,
Ready-Campbell teaches
A work planning system for construction machinery, the work planning system comprising: a server (“FIG. 1 shows an earth shaping system 100 for moving earth autonomously or semi-autonomously from a dig site” See at least [0029] and fig. 1; “Typically, the off-unit computer 120b will be a server class system” See at least [0072], wherein the off-unit computer is part of the earth shaping system (work planning system).)
configured to store construction site information including an orthographic image and work data, (“The digital file store 510 maintains one or more digital files, which may be accessed from a remote database. In some instances, the controller 150 may access these digital files from the central computer 120b and subsequently store them in the digital file store 510. Digital files may be image files describing the geographic layout of the site as a function of location within a coordinate space of the site, with different images representing a dig location, fill location, an entry ramp, etc. Geographic locations in the coordinate space may be represented as one or more two-dimensional points or three-dimensional points. The digital file may also include data describing how the earth shaping vehicle 115 ought to interact with each location discussed in the digital file.” See at least [0083], wherein the digital file includes orthographic images and work data.; “As described above, a digital file of the site detailing planned excavation of a hole and the area surrounding the hole is received 560 by the controller 150” See at least [0096], wherein the controller provides the digital file.)
and including a display device having a work planning portion to set a trench excavation work plan on the orthographic image using the work data, the trench excavation work plan displaying a (See at least fig. 10G (provided below) and the corresponding description [0202-0203]: “FIG. 10G illustrates an interface 1020 augmented with a topographical map of the dig site and additional graphic elements that provide insight into operation of the vehicle 935, … The progress tracker engine 820 may additionally modify display panel 931 to display the graphical feature 1057, a three-dimensional representation of an area of a target location currently being excavated or yet to be excavated by the vehicle 935.”; “the graphic representation 1051 is a visualization of the instructions defined in a target tool path. A comparison of the graphic element 1051 relative to the graphic element 1052 describes a deviation of the earth shaping tool 1021 from its planned path.” Examiner Interpretation: The work planning portion is part of the server. Graphic element 1057 represents a target location of a trench. At least graphic element 1051 displays a work route line and graphic element 1052 displays a work position of construction machinery.)
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and at least one worker terminal configured to receive the set trench excavation work plan from the server, (“The operator 1008 controls a computing device 1009, which is communicatively coupled to the excavation vehicle 1007. … the computing device 1009 modifies a user interface displayed on the device 1009 to inform the operator 1008 of the vehicle's progress and current status.” See at least [0191]; “The operator interface engine 450 is implemented by software within a central computer 120b (e.g., a remote computing device configured to receive inputs” See at least [0143], wherein the operator interface engine generates a graphical user interface for the operator.; Examiner Interpretation: The graphical user interface receives the plan from the central/off-unit computer 120b (server).)
wherein the work planning portion includes a planar design unit to set a plurality of sequence points … wherein each of the plurality of sequence points is spaced apart from each other of the plurality of sequence points and wherein each of the plurality of sequence points is disposed along a single trench for which the trench excavation work plan is to be performed, (“The tool path interface engine 810 generates a virtual representation of a dig site including a location of an earth shaping vehicle 115 within the site, other physical features within the site, a target location where earth is to be moved, and a geofence that restricts navigation of the vehicle 115 within the site based on inputs from the operator. As described herein, a location in the dig site that is subject to an earth shaping routine is referred to as a “target location.” Examples of target locations include an area where earth is to be excavated or a hole where earth is to be filled. Examples of target locations include an area where earth is to be excavated or a hole where earth is to be filled. In some implementations, a target tool path defines multiple target locations” See at least [0145]; “The layout 903 represents a target location, or a series of target locations, where earth shaping vehicles performing a trenching routine to excavate a trench. … based on the layout 903 (a task geometry for excavating a trench), the tool path interface engine 810 may determine that a trench is to be excavated along the coordinate points displayed on the display panel 912. … FIG. 9D illustrates an interface displayed to an operator to build target tool paths,” See at least [0176-0179] and figs. 9C-9D)
Ready-Campbell does not explicitly teach, but BÖS teaches
wherein the work planning portion includes a manned work section setting unit to set a manned work area, (“one can define a place of retreat 8 defined as a safe location in the zone 1. This place of retreat 8 is designed in such a way that even in the event of a possible malfunction of the unmanned loading machine 2, there is no danger to the operator 6 located at the safe place of retreat.” See at least [0058], fig. 3, and claim 8, wherein the safe place of retreat 8 is a manned work area.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell to further include the teachings of BÖS with a reasonable expectation of success to improve safety of people at the worksite by defining an area as a safe place for humans outside the presence of operating unmanned machines and to increase efficiency as the operator doesn’t have to entirely leave a worksite for the unmanned machines to begin operating (see at least [0058-0059]).
BÖS also does not explicitly teach, but Tsusaka teaches
a plurality of work route lines (See at least fig. 31 (provided below))
to set a plurality of sequence points having sequence numbers that reflect a work sequence (“The planned route information shown in FIG. 5 includes position information (x, y, θ) on the mobile robot 1 at each time. … The time from t0 to tn includes a time later than the current time. That is, the planned route information includes a planned route along which the mobile robot 1 is to travel. When the planned route information superimposed on the map information is displayed on the display 119, the planned route can be represented by a figure such as an arrow indicating the travel direction of the mobile robot 1.” See at least [0179-0181], fig. 5 (provided below) and fig. 10B (same as fig. 5), wherein the times t0 to tn are sequence numbers for each planned position of the mobile robot in the planned route.)
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to set each of the work route lines by connecting two sequence points adjacent to each other, according to the sequence numbers, … and wherein each of the work route lines is expressed as an arrow in a direction according to the sequence numbers in which the (“An example of the planned route information is information indicating along which route the mobile robot 1 travels on floor 301a of the room, as shown in the form of the first planned route 338 indicated by an arrow 338 in FIG. 12, an arrow 338 in FIG. 30, or an arrow 338 in FIG. 31. Alternatively, the input and output unit 6 may acquire, as the planned route information, the position information at each time shown in FIG. 10B.” See at least [0264], fig. 10B, and fig. 31 (provided below); Examiner Interpretation: The planned route is defined by sequenced positions in at least fig. 10B. Indicating the work route by arrows connecting planned positions as shown in at least fig. 31 is equivalent to setting work route lines by connecting adjacent sequence points.)
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It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell and BÖS to further include the teachings of Tsusaka with a reasonable expectation of success to “make it possible to provide a mobile robot with high convenience that allows the user to easily grasp and change the planned route of the mobile robot with the terminal apparatus in his or her hand, and a control method of the mobile robot.” (See at least [0017])
Tsusaka also does not explicitly teach, but Matson teaches
and a cross-section design unit to set a cross-sectional shape (“the method, for example at 102, includes inputting and/or receiving a desired parameter or parameters of an excavation. For example, desired width, desired length, desired height (depth), desired slope (grade), including side slope and/or longitudinal slope, desired profile, and/or desired elevation of an excavation may be input via the interface, such as interface 40.” See at least [0033]; “In the illustrated example, the interface 240 displays information for the excavation 244, such as for example, height (depth), width (at the top and the bottom of the excavation), and slope (side slope) of the excavation 244. In the illustrated example, a schematic cross-sectional representation of the desired dimensions or parameters, such as desired dimension(s) or other parameter(s) 242, of the excavation 244 is displayed in relation to an unexcavated (or partially excavated) cross section of the area being excavated.” See at least [0046]; Also see at least fig. 16 and [0049] for a series of cross-sectional images for different positions.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell, BÖS, and Tsusaka to further include the teachings of Matson to provide a cross-sectional shape for excavation at the dig locations to improve the operator’s ability to accurately excavate the desired trench shape (see at least [0042]).
Though Matson does not specifically teach setting the cross-sectional shape for each of the sequence points and wherein each of the plurality of sequence points comprises a point at which the cross-sectional shape is changed, it would have been obvious in view of the combination of the prior art. Ready-Campbell teaches the series of target locations for the trench to be excavated (See at least [0145] and [0176] of Ready-Campbell). Matson teaches setting the cross-sectional shape of the trench to be executed (see at least [0033] of Matson) wherein the trench is sloped/graded as illustrated in at least figs. 14 and 19 and illustrates a series of cross-sections for different positions along the length of the trench (see at least fig. 16 and [0049] of Matson), and using set cross-sectional shape to instruct the operator of the desired excavation (see at least [0042] of Matson). As illustrated in at least figs. 14, 16, and 19, the trench would have deeper or shallower cross-sections along the entire length of the trench based on slope/grade. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell, BÖS, Tsusaka, and Matson with a reasonable expectation of success to set the cross-sectional shape for each of the sequence points and wherein each of the plurality of sequence points comprises a point at which the cross-sectional shape is changed to facilitate excavating the trench to the desired shape along the entire length of the trench including excavating sloped trenches where each position would have a cross-sectional shape of differing depth (bottom elevation).
Regarding Claim 14,
Ready-Campbell further teaches
wherein the orthographic image includes a reference coordinate, and the work route line and the work position of the construction machinery are set based on the reference coordinate. (“Digital files may be image files describing the geographic layout of the site as a function of location within a coordinate space of the site, with different images representing a dig location, fill location, an entry ramp, etc. Geographic locations in the coordinate space may be represented as one or more two-dimensional points or three-dimensional points. The digital file may also include data describing how the earth shaping vehicle 115 ought to interact with each location discussed in the digital file.” See at least [0083]; “for each of the recorded images, the preparation engine 420 records and translates the position and orientation of features within the site into the point cloud representations with respect to the coordinate space of the digital file.” See at least [0087]; “The digging engine 610 may also continuously or periodically track the position of the tool within the coordinate space” See at least [0103]; Examiner Interpretation: There is a reference coordinate because the positions of all the geographic features, work plans, and work tool are known relative to a coordinate in coordinate space.)
Regarding Claim 15,
Ready-Campbell further teaches
wherein the worker terminal displays on a screen by overlaying an earthwork drawing on the orthographic image. (See at least fig. 10G and [0202] for the earthwork drawing displayed on the screen of the graphical user interface.)
Regarding Claim 16,
Ready-Campbell further teaches
wherein the work planning portion includes a soil treatment setting unit to set a moving direction of a vehicle to load soil or a filling direction of the soil by reflecting the work position of the construction machinery. (“Relative to the position of the tool, the progress tracker engine 820 may generate a graphic element 1051 illustrating the planned movement of the tool 1021 and a graphic element 1052 illustrating the actual movement of the tool 1021. The movement of the tool 1021 may be monitored as the bucket moves through air and the ground surface. In some embodiments, the graphic representation 1051 is a visualization of the instructions defined in a target tool path.” See at least [0203] and fig. 10G, wherein graphic element 1051 indicates the set movement direction to load/fill the bucket with soil.)
Regarding Claims 8 and 17,
Ready-Campbell further teaches
wherein the construction machinery is an automatic excavator (“FIG. 1 shows an earth shaping system 100 for moving earth autonomously or semi-autonomously from a dig site using a suite of one or more sensors 170 mounted on an earth shaping vehicle 115” See at least [0029]; Also see at least [0041-0042])
and the worker terminal is provided in the automatic excavator to control an operation of the automatic excavator. (“the operator interface engine 810 instructs a controller 150 on-board an earth shaping vehicle 935 to operate autonomously when performing the target tool path.” See at least [0184], wherein the on-board controller is the worker terminal provided in the automatic excavator.)
However, should the applicant believe that Ready-Campbell does not specifically teach,
the worker terminal is provided in the automatic excavator to control an operation of the automatic excavator.
Ready-Campbell teaches,
“The earth shaping vehicle 115 is designed to perform operations outlined in a set of instructions for an earth shaping routine either entirely autonomously or semi-autonomously. Here, semi-autonomous refers to an earth shaping vehicle 115 that not only responds to the instructions but also to a manual operator. Manual operators of the earth shaping vehicle 115 may be monitor the earth shaping routine from inside of the earth shaping vehicle 115 using the on-unit computer 120a.” See at least [0058]; “the tool path interface engine 810 generates a graphical user interface that enables a user to build a target tool path for the earth shaping routine.” See at least [0178]; “FIGS. 10A-H are illustrations of an example coordinate space in which an earth shaping vehicle updates a computing device while performing an earth shaping routine, according to an embodiment. As described above, the progress tracker engine 820 modifies a graphical user interface to reflect a current state of the dig site, a current state of the target location, and a position of an earth shaping vehicle 115 as the vehicle 115 performs a target tool path. The progress tracker engine 820 modifies the interface displayed to an operator in real-time or near real-time based on spatial, image, measurement, and position data recorded by sensors 170 mounted to the vehicle 115. The progress tracker engine 820 receives the sensor data and modifies the displayed graphical user interface accordingly.” See at least [0190].
Though Ready-Campbell does not teach that the on-unit computer that is inside the automatic excavator specifically has a graphical user interface for monitoring and operating the excavator, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell such that “manual operators of the earth shaping vehicle 115 may be monitor the earth shaping routine from inside of the earth shaping vehicle 115 using the on-unit computer 120a” ([0058]) with the graphical user interface (GUI) to improve safety and efficiency of the operation by improving the information available to the operator. An operator inside the excavator with the GUI on-board allows the operator to obtain information from both real-world observations and an on-board GUI that provides information to the operator that is not readily apparent in the real observable world (e.g., measurements and virtual safety boundaries/geofences).
Regarding Claim 18,
Ready-Campbell further teaches
wherein the work planning portion includes a manned work section setting unit to set a remoted work area. (“the tool path update engine 830 may generate a graphical user interface for an operator to manually modify coordinates of a geofence within the dig site, add coordinates to the geofence, delete coordinates from the geofence, or a combination thereof. As described herein, a geofence is combination of points within a coordinate system of the site (e.g., a geographic coordinate system, a relative coordinate system, and an absolute coordinate system) and a perimeter within the coordinate system represented by a connection of the combination of points within the coordinate system. When communicated to a controller 150 on an earth shaping vehicle 115, a geofence represents a boundary within which the vehicle 115 can navigate. … As an earth shaping vehicle 115 performs a target tool path at the target location, the vehicle 115 is restricted to navigate within the geofence around the target location.” See at least [0157-0158]; “Although the techniques described above enable earth shaping vehicles 115 to autonomously or semi-autonomously perform earth shaping routines, a human operator may still be responsible for managing and overseeing the performance of the earth shaping routines. Because these routines are performed autonomously or semi-autonomously, the operator is not seated in the vehicle 115, but rather is located elsewhere in the dig site.” See at least [0142]; Examiner Interpretation: The geofence specifies a remoted work area because it restricts where the vehicle can operate wherein the vehicle is an autonomous vehicle remotely operated/monitored by a remote operator.)
Regarding Claim 19,
Ready-Campbell teaches
A method of making a work plan for construction machinery, (See at least the flowchart of fig. 5B and corresponding description [0096-0099] for a method of generating target tool paths for an excavator.)
the method comprising: providing construction site information including work data and an orthographic image having a reference coordinate, to a server; (“a computing device used by an operator, generates a graphical user interface that displays a three-dimensional representation of the site.” See at least [0005], wherein the computing device is a server.; “Digital files may be image files describing the geographic layout of the site as a function of location within a coordinate space of the site, with different images representing a dig location, fill location, an entry ramp, etc. Geographic locations in the coordinate space may be represented as one or more two-dimensional points or three-dimensional points. The digital file may also include data describing how the earth shaping vehicle 115 ought to interact with each location discussed in the digital file.” See at least [0083], wherein the digital file includes orthographic images and work data.; “As described above, a digital file of the site detailing planned excavation of a hole and the area surrounding the hole is received 560 by the controller 150” See at least [0096])
setting a trench excavation work plan on the orthographic image using the work data in a display device of the server, the trench excavation work plan displaying a (“The interfaces generated by the tool path interface engine 810 are presented to the operator via a screen on a computing device. The tool path interface engine 810 generates a virtual representation of a dig site including a location of an earth shaping vehicle 115 within the site, other physical features within the site, a target location where earth is to be moved, and a geofence that restricts navigation of the vehicle 115 within the site based on inputs from the operator.” See at least [0145], wherein the screen on a computing device is the display device of the server.; See at least fig. 10G (provided below) and the corresponding description [0202-0203]: “FIG. 10G illustrates an interface 1020 augmented with a topographical map of the dig site and additional graphic elements that provide insight into operation of the vehicle 935, … The progress tracker engine 820 may additionally modify display panel 931 to display the graphical feature 1057, a three-dimensional representation of an area of a target location currently being excavated or yet to be excavated by the vehicle 935.”; “the graphic representation 1051 is a visualization of the instructions defined in a target tool path. A comparison of the graphic element 1051 relative to the graphic element 1052 describes a deviation of the earth shaping tool 1021 from its planned path.” Examiner Interpretation: Graphic element 1057 represents a target location of a trench. At least graphic element 1051 displays a work route line and graphic element 1052 displays a work position of construction machinery.) based on the reference coordinate; (“for each of the recorded images, the preparation engine 420 records and translates the position and orientation of features within the site into the point cloud representations with respect to the coordinate space of the digital file.” See at least [0087]; “The digging engine 610 may also continuously or periodically track the position of the tool within the coordinate space” See at least [0103]; Also see at least [0083] cited above.; Examiner Interpretation: The work route line is based on the reference coordinate because the positions of all the geographic features, work plans, and work tool are known relative to a coordinate in coordinate space.)
and transmitting the trench excavation work plan to a worker terminal, (“The operator 1008 controls a computing device 1009, which is communicatively coupled to the excavation vehicle 1007. … the computing device 1009 modifies a user interface displayed on the device 1009 to inform the operator 1008 of the vehicle's progress and current status.” See at least [0191])
wherein the worker terminal is external to the construction machinery, (“The operator interface engine 450 generates a graphical user interface for presentation to a remote operator on a computing device. … the operator interface engine 450 receives interactive input from the remote operator,” See at least [0079] and fig. 10A; Examiner Interpretation: A remote operator using the user interface is not in the vehicle and therefore the user interface (worker terminal) is external.)
wherein setting the trench excavation work plan includes, setting a plurality of sequence points on the orthographic image, wherein each of the plurality of sequence points is spaced apart from each other of the plurality of sequence points and wherein each of the plurality of sequence points is disposed along a single trench for which the trench excavation work plan is to be performed; (“The tool path interface engine 810 generates a virtual representation of a dig site including a location of an earth shaping vehicle 115 within the site, other physical features within the site, a target location where earth is to be moved, and a geofence that restricts navigation of the vehicle 115 within the site based on inputs from the operator. As described herein, a location in the dig site that is subject to an earth shaping routine is referred to as a “target location.” Examples of target locations include an area where earth is to be excavated or a hole where earth is to be filled. Examples of target locations include an area where earth is to be excavated or a hole where earth is to be filled. In some implementations, a target tool path defines multiple target locations” See at least [0145]; “The layout 903 represents a target location, or a series of target locations, where earth shaping vehicles performing a trenching routine to excavate a trench. … based on the layout 903 (a task geometry for excavating a trench), the tool path interface engine 810 may determine that a trench is to be excavated along the coordinate points displayed on the display panel 912. … FIG. 9D illustrates an interface displayed to an operator to build target tool paths,” See at least [0176-0179] and figs. 9C-9D)
Ready-Campbell does not explicitly teach, but BÖS teaches
setting a manned work area; (“one can define a place of retreat 8 defined as a safe location in the zone 1. This place of retreat 8 is designed in such a way that even in the event of a possible malfunction of the unmanned loading machine 2, there is no danger to the operator 6 located at the safe place of retreat.” See at least [0058] and fig. 3, wherein the safe place of retreat 8 is a manned work area.)
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ready-Campbell to further include the teachings of BÖS with a reasonable expectation of success to improve safety of people at the worksite by defining an area as a safe place for humans outside the presence of operating unmanned machines and to increase efficiency as the operator doesn’t have to entirely leave a worksite for the unmanned machines to begin opera