DETAILED ACTION
This action is in response to the amendments filed on 11/25/2025.
Claims 1 and 4-11 are examined.
Claims 1, 4-7 and 10-11 have been amended.
Claim 2 has been cancelled.
Response to Arguments
Applicant's arguments filed 11/22/2024 have been fully considered and are partially persuasive and/or are moot.
101 Rejection
This rejection is withdrawn.
103 Rejection
By new claim amendment, a new 112 rejection is made on the claim. Applicant’s remarks refer to limitations that are currently rejected for lack of clarity under 112 rejections. Due to the 112 rejection, Examiner interprets the claim language to disclose limitations similar to previous limitations before current amendment to help promote prosecution around lack of clarity (see Examiner’s Note 1 under 112 rejection). Examiner’s Note: See further 112 rejections for claim interpretations and possible ways to overcome the rejection if Examiner is correctly understanding what the limitations are being directed to.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 4-11 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In the art rejections below the claims have been treated as best understood by the examiner. Any claim not explicitly rejected under this heading is rejected as being dependent on an indefinite claim.
Claim 1 recites the limitation "in the case where…" in the second to last clause. There is insufficient antecedent basis for this limitation in the claim. Further as there is no prior disclosure in the claim for a case to happen, it is not clear if such an event is positively required for the claimed limitations. Is such a case required to happen by the claim language? This is unclear. It is recommended to more positively claim such a case scenario in the language (just stating “wherein” instead of “in the case where” would be good if that what Applicant intends).
Examiner’s Note : As the claim limitation is not clear to such a case happening, the claim is understood to at least determine some type of average with waveform data for a pressure parameter.
Examiner’s Note 2: If the claim was clarified and with the combination of limitations in claim 4, would make for strong limitations beyond the general prior art.
Claim 10 and 11 recite similar language are rejected by the same rationale of claim 1 above.
Examiner's Note
Examiner has cited particular paragraphs / columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims.
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 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1 and 4-11 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over machine translation of JP 2001-99701 (“Arie”) in further view of (machine translation) WO 2012008182 (“Tada”).
As per claim 1 Arie discloses a work machine comprising [Fig. 1]:
a bucket [Fig. 1];
a boom that raises and lowers the bucket [Fig. 1];
a boom cylinder that drives the boom [Fig. 1];
a pressure sensor that senses cylinder pressure showing a pressure of a hydraulic oil in an
oil chamber of the boom cylinder [¶ 8 sampled oil pressure]; and
a controller, wherein the controller:
receives, from the pressure sensor, an output of a detection signal indicating the cylinder pressure [¶ 8 A controller is provided which obtains a sampling weight for each sampling number of times loaded on a load loading part based on an average value at sampling time of sampled oil pressure, and calculates a loading weight by averaging sampling weights for the number of sampling times. (pressure is a determined parameter related to the load weight)],
calculates an instantaneous load weight in the bucket that corresponds to the cylinder pressure [¶ 8 After starting the start of the boom, the hydraulic pressure of the hydraulic cylinder is sampled for a predetermined sampling time, and this sampling is repeated a sampling number of times… (each sample is understood to be instantaneous at the time it is sampled)],
in the case where the cylinder pressure shows a waveform with damped oscillation, determines a time period from one local value to the next local maximum value of the waveform as a period in which a parameter related to the instantaneous load weight oscillates with respect to time [Pg. 5;¶ 9 Does not detect the differential pressure P until a predetermined time m0 has elapsed from the time SR and the differential pressure P has settled. Then, from time M1 at which a predetermined time m0 has elapsed from time SR, differential pressure sampling for detecting the differential pressure P, Fig. 5 (m0/SR to M1)],
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and
calculates an average load weight by averaging a plurality of the instantaneous load weights at plurality of time points within the determined period [¶ 8 and calculates a loading weight by averaging sampling weights for the number of sampling times (see additionally Examiner’s Note in 112 rejections for claim interpretations)].
Arie discloses disclose using the oscillations (pulsates) of peaks and valleys of the parameter in respect to time to further determine an average of load weight however is silent to determines a time period from one local maximum value to the next local maximum value of the wave form.
Tada discloses determines a time period from one local maximum value to the next local maximum value of the wave form [pg. 9 ¶11 recognizing this maximum value (peak value)…. (a period in a frequency is understood from peak to peak), ¶ 12 and when the value exceeds the set value, the determined time value is traced back and the signal from that point is Is output to the analysis routine, Fig. 6 (G Sensor, sensor data is accumulated via all time periods including from peak to peak)].
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Additionally Tada discloses where in the measurements are instantaneous loads [pg. 5 ¶ 10-11].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Arie with the teachings of Tada to record and organize sensor data for purposes of having the recorded data in a format that is easy to read and interpret for purposes of improving utilization of the data.
As per claim 10 Arie discloses a weighing method for a work machine including a bucket, a boom that raises and lowers the bucket, a boom cylinder that drives the boom, and a
pressure sensor that senses cylinder pressure showing a pressure of a hydraulic oil in an oil chamber of the boom cylinder, the weighing method being a method of weighing a load in the bucket, the weighing method comprising [abstract; Fig. 1]:
receiving, from the pressure sensor, an output of a detection signal indicating the cylinder
pressure [¶ 8 A controller is provided which obtains a sampling weight for each sampling number of times loaded on a load loading part based on an average value at sampling time of sampled oil pressure, and calculates a loading weight by averaging sampling weights for the number of sampling times. (pressure is a determined parameter related to the load weight)],
calculating an instantaneous load weight in the bucket that corresponds to the cylinder
pressure [¶ 8 After starting the start of the boom, the hydraulic pressure of the hydraulic cylinder is sampled for a predetermined sampling time, and this sampling is repeated a sampling number of times… (each sample is understood to be instantaneous at the time it is sampled)],,
in the case where the cylinder pressure shows a waveform with damped oscillation, determines a time period from one local value to the next local maximum value of the waveform as a period in which a parameter related to the instantaneous load weight oscillates with respect to time [Pg. 5;¶ 9 Does not detect the differential pressure P until a predetermined time m0 has elapsed from the time SR and the differential pressure P has settled. Then, from time M1 at which a predetermined time m0 has elapsed from time SR, differential pressure sampling for detecting the differential pressure P, Fig. 5 (m0/SR to M1)],
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and
calculates an average load weight by averaging a plurality of the instantaneous load weights at plurality of time points within the determined period [¶ 8 and calculates a loading weight by averaging sampling weights for the number of sampling times (see additionally Examiner’s Note in 112 rejections for claim interpretations)].
Arie discloses disclose using the oscillations (pulsates) of peaks and valleys of the parameter in respect to time to further determine an average of load weight however is silent to determines a time period from one local maximum value to the next local maximum value of the wave form.
Tada discloses determines a time period from one local maximum value to the next local maximum value of the wave form [pg. 9 ¶11 recognizing this maximum value (peak value)…. (a period in a frequency is understood from peak to peak), ¶ 12 and when the value exceeds the set value, the determined time value is traced back and the signal from that point is Is output to the analysis routine, Fig. 6 (G Sensor, sensor data is accumulated via all time periods including from peak to peak)].
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Additionally Tada discloses where in the measurements are instantaneous loads [pg. 5 ¶ 10-11].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Arie with the teachings of Tada to record and organize sensor data for purposes of having the recorded data in a format that is easy to read and interpret for purposes of improving utilization of the data.
As per claim 11 Arie discloses a system including a work machine, the system comprising:
the work machine including a bucket, a boom that raises and lowers the bucket, a boom cylinder that drives the boom, and a pressure sensor that senses cylinder pressure showing a pressure of a hydraulic oil in an oil chamber of the boom cylinder [abstract; Fig. 1]; and
a controller, wherein the controller:
receives, from the pressure sensor, an output of a detection signal indicating the cylinder pressure [¶ 8 A controller is provided which obtains a sampling weight for each sampling number of times loaded on a load loading part based on an average value at sampling time of sampled oil pressure, and calculates a loading weight by averaging sampling weights for the number of sampling times. (pressure is a determined parameter related to the load weight)],
calculates an instantaneous load weight in the bucket that corresponds to the cylinder pressure [¶ 8 After starting the start of the boom, the hydraulic pressure of the hydraulic cylinder is sampled for a predetermined sampling time, and this sampling is repeated a sampling number of times… (each sample is understood to be instantaneous at the time it is sampled)],
in the case where the cylinder pressure shows a waveform with damped oscillation, determines a time period from one local value to the next local maximum value of the waveform as a period in which a parameter related to the instantaneous load weight oscillates with respect to time [Pg. 5;¶ 9 Does not detect the differential pressure P until a predetermined time m0 has elapsed from the time SR and the differential pressure P has settled. Then, from time M1 at which a predetermined time m0 has elapsed from time SR, differential pressure sampling for detecting the differential pressure P, Fig. 5 (m0/SR to M1)],
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and
calculates an average load weight by averaging a plurality of the instantaneous load weights at plurality of time points within the determined period [¶ 8 and calculates a loading weight by averaging sampling weights for the number of sampling times (see additionally Examiner’s Note in 112 rejections for claim interpretations)].
Arie discloses disclose using the oscillations (pulsates) of peaks and valleys of the parameter in respect to time to further determine an average of load weight however is silent to determines a time period from one local maximum value to the next local maximum value of the wave form.
Tada discloses determines a time period from one local maximum value to the next local maximum value of the wave form [pg. 9 ¶11 recognizing this maximum value (peak value)…. (a period in a frequency is understood from peak to peak), ¶ 12 and when the value exceeds the set value, the determined time value is traced back and the signal from that point is Is output to the analysis routine, Fig. 6 (G Sensor, sensor data is accumulated via all time periods including from peak to peak)].
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Additionally Tada discloses where in the measurements are instantaneous loads [pg. 5 ¶ 10-11].
It would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made to modify Arie with the teachings of Tada to record and organize sensor data for purposes of having the recorded data in a format that is easy to read and interpret for purposes of improving utilization of the data.
As per claim 4 Aria discloses further wherein the controller determines a plurality of the periods, and further averages a plurality of the average load weights calculated in the respective periods [¶ 8; sampled at N times…. sampling weight is averaged].
As per claim 5 Aria discloses wherein the controller uses the cylinder pressure sensed by the pressure sensor as the parameter [¶ 2; bucket ¶ 8; loading portion… a hydraulic cylinder for raising the boom… hydraulic pressure detector].
As per claim 6 Aria discloses wherein the controller uses an angular velocity of the boom as the parameter [¶ 12 pg. 5; controller 11 determines… angular velocity…].
As per claim 7 Aria discloses wherein the controller calculates the load weight while the boom rises [¶ 12 pg. 5; the measurement is performed only when the boom 2 is raised].
As per claim 8 Aria discloses further wherein the work machine is a wheeled vehicle, and the controller calculates the load weight while the wheeled vehicle travels [¶ 12 pg. 5; the wheel loader 1 travels (Aria is not explicit to the details of vehicle travel while measuring however does state that doing so would affect the measurements of the sensors, Examiner understands that the system can take measurements while traveling), Fig. 1].
As per claim 9 Aria discloses further comprising: a vehicular body frame; and a running wheel attached to the vehicular body frame, wherein the bucket is disposed forward of the vehicular body frame [Fig. 1].
Additional Art to Consider
Application Pat. No. 5714719 titled, Workload Detecting System For Excavating And Loading Apparatus, also discloses a bottom pressure sensor of a cylinder for a workload which calculates the weight by integrating the payload parameters. This is similar to the Applicant’s invention in that Applicant’s reliance on a calculation means for compensating motion of loads on a tractor.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL A CASTRO whose telephone number is (571)272-4836. The examiner can normally be reached 10-6pm on campus.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramon Mercado can be reached at 5712705744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PAUL A. CASTRO
Examiner
Art Unit 3662
/PAUL A CASTRO/ Examiner, Art Unit 3658
/Ramon A. Mercado/Supervisory Patent Examiner, Art Unit 3658