Detailed Office 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 .
This is a non-final Office Action on the merits. Claims 1-21 are currently pending and are addressed below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/08/2026 has been entered.
Response to Arguments
Applicant’s amendments and/or arguments with respect to the rejection of claims 1-21 under 35 USC 103 as set forth in the office action of 08/28/2025 have been considered, but are respectfully found not persuasive. Upon further consideration of the submitted prior art references, the Examiner finds the combination of Schulte and Fukuda to teach all limitations of Claims 1, 10, and 14, including the newly added limitations in the amendments, and is no longer relying on Nishida et al (US 20120166053 A1). Please note however, the previous reference of Fukuda et al (JP 2021067147 A) is being replaced with the English publication of Fukuda et al (US 11371214 B2). Please see detailed rejection below.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) are:
“Electronic Controller” in Claim 1 and Claim 10 is being interpreted as a generic Electronic Control Unit (ECU)
“Drive Command Device” in Claim 1, Claim 10, and Claim 14 is being interpreted as a generic joystick
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
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.
Claims 1, 3, 4, 14, 15, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2). Hereafter referred to as Schulte and Fukuda respectively.
Regarding Claim 1, Schulte teaches a utility vehicle (see at least Schulte [C3 L47-56]) comprising:
a chassis (see at least Schulte [C3 L47-56] a machine with a dual path electronically controlled hydrostatic transmission (also referred to as a dual path electro-hydraulic transmission or ground drive system) can be a crawler-tractor. “Crawler-tractor” refers to any of the class of work vehicles or machines having a chassis, with an engine and ground-engaging endless-loop tracks that are located on either side of the chassis, that are driven by the engine, and that move the chassis over the ground)
at least first and second laterally spaced, driven ground supports that support the chassis on the ground (see at least Schulte [C3 L47-56] “Crawler-tractor” refers to any of the class of work vehicles or machines having a chassis, with an engine and ground-engaging endless-loop tracks that are located on either side of the chassis, that are driven by the engine, and that move the chassis over the ground)
an engine that is supported on the chassis (see at least Schulte [C3 L47-56] …with an engine…)
a hydraulic system that is supported on the chassis, the hydraulic system including a hydraulic drive motor that is operatively coupled to the engine and to at least one ground support, the drive motor being configured to drive the at least one ground support to propel the vehicle over the ground (see at least Schulte [C4 L63-67, C5 L46-54, C5 L4-15] the ground drive control system 200 can be used to control a dual path electronically controlled hydrostatic transmission system having variable displacement pumps and variable displacement motors…The pump and motor displacements can be determined by the ground drive control system based on the selected speed range, engine RPM, joystick position, pedal position and many other factors...The ground drive control system 200 can be used to provide control signals or instructions to solenoids 202 that are used to control the operation of a left motor 204, a left pump 206, a right motor 208 and a right pump 210. The left pump 206 provides power to the left motor 204 which in turn drives a corresponding left drive wheel 108 and left track 110 (if a track vehicle). The right pump 210 provides power to the right motor 208 which in turn drives a corresponding right drive wheel 108 and right track 110 (if a track vehicle). In one exemplary embodiment, the left pump 206 and the right pump 210 can be controlled by forward and reverse solenoids 202)
the drive motor being operable in at least first and second speed ranges, the second speed range producing a higher drive motor output speed for a given hydraulic flow through the drive motor than the first speed range (see at least Schulte [C4 L67, C5 L1-3, C2 L47-60, Claim 1] The pump and motor displacements can be determined by the ground drive control system based on the selected speed range, engine RPM, joystick position, pedal position and many other factors…The control system also includes a control device to generate pump and motor commands for the first pump solenoid, the first motor solenoid, the second pump solenoid and the second motor solenoid. The control device generates the pump and motor commands using a selected ramping parameters based on the speed setting value to modify the rate of change of the pump and motor commands)
a drive control system (see at least Schulte [C4 L17-24, C2 L10-34]) including:
i. an electronic controller (see at least Schulte [C4 L17-24, C2 L10-34] The operation of the dozer 100 can be controlled by an electronic controller 136. Electronic controller 136 can be a digital microprocessor-based controller having a RAM (random access memory), ROM (read only memory), CPU (central processing unit)…The method includes providing a machine having an engine and an electronically controlled hydrostatic transmission….the method also includes generating at least one command for the at least one pump and the at least one motor of each of the first drive system and the second drive system with a controller and determining a change in the at least one generated command using the controller)
ii. a manually actuated drive command device that is electronically coupled to the electronic controller to generate a drive command signal, a magnitude of which is dependent upon a degree of actuation of the drive command device and corresponds to a commanded speed (see at least Schulte [C5 L23-36] the propulsion command from the operator input device 128 can be based on movement of the operator input device 128 along the Y-axis and can control the direction of movement (forward or reverse) of the machine and contribute to the magnitude of the machine velocity…The pedal signal or percentage from pedal sensor 218 can be based on an amount a pedal, e.g., a brake pedal, is pressed and can increase or decrease the displacement commands to the pumps and motors based on the position of the pedal while the machine is moving in either the forward or reverse direction)
However, Schulte does not explicitly teach a drive control system that is coupled to the electronic controller and to the drive motor, wherein the drive control system controls the drive motor to supply motive power to the at least one motive drive device, wherein the electronic controller is configured to cause the drive motor to automatically shift from the first speed range to the second range only if both an output speed of the hydraulic drive motor exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold.
Fukuda, in the same field as the endeavor, teaches:
iii. a drive control system that is coupled to the electronic controller and to the drive motor, wherein the drive control system controls the drive motor to supply motive power to the at least one motive drive device (see at least Fukuda [C9 L35-40, C8 L65 to C9 L10] The controller device 60 is provided with an automatic shifter 261. The automatic shifter 261 is an electrical and electronic circuit and the like provided in the controller device 60, a program stored in the controller device 60, and the like…the controller device 60 is connected to the controller device 60 with an accelerator 65, a mode switch 66, a manual shifting member (speed switch) 67, and a speed detector device 68…The accelerator 65 is a member for setting the number of revolutions of the prime mover 32 (motor speed))
wherein the electronic controller is configured to cause the drive motor to automatically shift from the first speed range to the second range only if both an output speed of the hydraulic drive motor exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold (see at least Fukuda [C15 L46-50, C9 L40-48, C16 L7-10, C13 L17-60, C14 L7-28] the controller device 60 including the automatic shifter 261 to automatically shift the traveling motors 36L and 36R to the first speed or to the second speed...the automatic shifter 261 performs...recovery (speed increase) processing to return from the first speed to the second speed (speed increase) after deceleration processing...The automatic shifter 261 performs automatic speed increase from the first speed to the second speed as an automatic shifting...the operation detector device 64 detects an amount of operation according to the magnitude of the tilting when the traveling operation member 59 is gradually tilted from a neutral state…the amount of operation in each case of tilting the traveling operation member 59 forward or backward, tilting left or right, and tilting diagonally...the control information (first control information) is information indicating the relation between the amount of operation of the traveling operation member 59 and the motor speed of the driving motors (left driving motor 36L and right driving motor 36R)...The automatic shifter 261 obtains the first speed regulated speed set by the first speed line L1 based on the amount of operation detected by the operation detector device 64 and the first control information...the automatic shifter 261 returns from the first speed to the second speed when the actual motor speed is higher than or equal to the return threshold after the automatic deceleration...As shown in FIG. 3, the first control information includes a third speed line L3 and a fourth speed line L4 in addition to the first speed line L1 and the second speed line L2…The fourth speed line L4 is a line for setting a return threshold that is less than or equal to the first regulated speed defined by the first speed line L1 and higher than or equal to the deceleration threshold defined by the third speed line L3...The automatic shifter 261 automatically resumes from the first speed to the second speed after the automatic deceleration when the actual motor speed is at or above the return threshold determined by the fourth speed line L4) Each motor speed in Fig. 3 corresponds to an operation amount (commanded speed), and becuase the return threshold (the condition needing to be met to automatically shift from the slower speed to the faster speed) is a motor speed on the forth speed line L4, there must also be a corresponding operation amount (commanded speed) for the return threshold, therefore the automatic shift from the slower speed to the faster speed only happens if both a motor output speed and a commanded speed exceed a designated threshold, the return threshold.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a drive control system that is coupled to the electronic controller and to the drive motor, wherein the drive control system controls the drive motor to supply motive power to the at least one motive drive device, wherein the electronic controller is configured to cause the drive motor to automatically shift from the first speed range to the second range only if both an output speed of the hydraulic drive motor exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda (see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
the automatic shifting can be performed smoothly. In other words, chattering that results in automatic shifting within a short period of time can be prevented
Regarding Claim 14, Schulte teaches a method of operating a utility vehicle (see at least Schulte [C3 L47-56]) comprising a:
a chassis (see at least Schulte [C3 L47-56] a machine with a dual path electronically controlled hydrostatic transmission (also referred to as a dual path electro-hydraulic transmission or ground drive system) can be a crawler-tractor. “Crawler-tractor” refers to any of the class of work vehicles or machines having a chassis, with an engine and ground-engaging endless-loop tracks that are located on either side of the chassis, that are driven by the engine, and that move the chassis over the ground)
at least first and second laterally spaced, driven ground supports that support the chassis on the ground (see at least Schulte [C3 L47-56] “Crawler-tractor” refers to any of the class of work vehicles or machines having a chassis, with an engine and ground-engaging endless-loop tracks that are located on either side of the chassis, that are driven by the engine, and that move the chassis over the ground)
an engine that is supported on the chassis (see at least Schulte [C3 L47-56] …with an engine…)
and a hydraulic system that is supported on the chassis and includes a hydraulic drive motor that is operatively coupled to the engine and to at least one ground support (see at least Schulte [C4 L63-67, C5 L46-54, C5 L4-15] the ground drive control system 200 can be used to control a dual path electronically controlled hydrostatic transmission system having variable displacement pumps and variable displacement motors…The pump and motor displacements can be determined by the ground drive control system based on the selected speed range, engine RPM, joystick position, pedal position and many other factors...The ground drive control system 200 can be used to provide control signals or instructions to solenoids 202 that are used to control the operation of a left motor 204, a left pump 206, a right motor 208 and a right pump 210. The left pump 206 provides power to the left motor 204 which in turn drives a corresponding left drive wheel 108 and left track 110 (if a track vehicle). The right pump 210 provides power to the right motor 208 which in turn drives a corresponding right drive wheel 108 and right track 110 (if a track vehicle). In one exemplary embodiment, the left pump 206 and the right pump 210 can be controlled by forward and reverse solenoids 202)
the method comprising:
a. generating a drive command signal that corresponds to a commanded speed by manually operating a drive command device, the drive command device being electronically coupled to an electronic controller and b. in response to generation of the drive command signal, and under control of the electronic controller, controlling the drive motor to drive the at least one ground support to propel the vehicle over the ground (see at least Schulte [C4 L17-24, C2 L10-34, C4 L38-40] The operation of the dozer 100 can be controlled by an electronic controller 136. Electronic controller 136 can be a digital microprocessor-based controller having a RAM (random access memory), ROM (read only memory), CPU (central processing unit), sensor input and signal conditioning circuits, valve driver circuits, other memory devices, communications and interface circuits, and other control related components....The method includes providing a machine having an engine and an electronically controlled hydrostatic transmission….the method also includes generating at least one command for the at least one pump and the at least one motor of each of the first drive system and the second drive system with a controller and determining a change in the at least one generated command using the controller…the cab 126 can include an operator input device 128 that the operator manipulates to steer and control the speed of the dozer 100).
However, Schulte does not explicitly in response to generation of the drive command signal, and under control of the electronic controller, controlling the drive motor to drive the at least one ground support to propel the vehicle over the ground, the controlling including causing the drive motor to automatically shift from a first speed range to the second range only if both an output speed of the drive motor exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold, the second speed range being higher than the first speed range.
Fukuda, in the same field as the endeavor teaches in response to generation of the drive command signal, and under control of the electronic controller, controlling the drive motor to drive the at least one ground support to propel the vehicle over the ground, the controlling including causing the drive motor to automatically shift from a first speed range to the second range only if both an output speed of the drive motor exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold, the second speed range being higher than the first speed range (see at least Fukuda [C15 L46-50, C9 L40-48, C16 L7-10, C13 L17-60, C14 L7-28] the controller device 60 including the automatic shifter 261 to automatically shift the traveling motors 36L and 36R to the first speed or to the second speed...the automatic shifter 261 performs...recovery (speed increase) processing to return from the first speed to the second speed (speed increase) after deceleration processing...The automatic shifter 261 performs automatic speed increase from the first speed to the second speed as an automatic shifting...the operation detector device 64 detects an amount of operation according to the magnitude of the tilting when the traveling operation member 59 is gradually tilted from a neutral state…the amount of operation in each case of tilting the traveling operation member 59 forward or backward, tilting left or right, and tilting diagonally...the control information (first control information) is information indicating the relation between the amount of operation of the traveling operation member 59 and the motor speed of the driving motors (left driving motor 36L and right driving motor 36R)...The automatic shifter 261 obtains the first speed regulated speed set by the first speed line L1 based on the amount of operation detected by the operation detector device 64 and the first control information...the automatic shifter 261 returns from the first speed to the second speed when the actual motor speed is higher than or equal to the return threshold after the automatic deceleration...As shown in FIG. 3, the first control information includes a third speed line L3 and a fourth speed line L4 in addition to the first speed line L1 and the second speed line L2…The fourth speed line L4 is a line for setting a return threshold that is less than or equal to the first regulated speed defined by the first speed line L1 and higher than or equal to the deceleration threshold defined by the third speed line L3...The automatic shifter 261 automatically resumes from the first speed to the second speed after the automatic deceleration when the actual motor speed is at or above the return threshold determined by the fourth speed line L4) Each motor speed in Fig. 3 corresponds to an operation amount (commanded speed), and becuase the return threshold (the condition needing to be met to automatically shift from the slower speed to the faster speed) is a motor speed on the forth speed line L4, there must also be a corresponding operation amount (commanded speed) for the return threshold, therefore the automatic shift from the slower speed to the faster speed only happens if both a motor output speed and a commanded speed exceed a designated threshold, the return threshold.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a method for wherein in response to generation of the drive command signal, and under control of the electronic controller, controlling the drive motor to drive the at least one ground support to propel the vehicle over the ground, the controlling including causing the drive motor to automatically shift from a first speed range to the second range only if both an output speed of the drive motor exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold, the second speed range being higher than the first speed range with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda (see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
Regarding Claim 3 and Claim 15, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 and the method of Claim 14 as set forth above. However, Schulte does not explicitly teach wherein the designated speed threshold is a first designated speed threshold, and wherein the electronic controller is configured to cause the drive motor to automatically shift from the second speed range to the first speed range when the output speed of the hydraulic drive motor drops beneath a second designated speed threshold that is lower than the first designated speed threshold.
Fukuda, in the same field as the endeavor, teaches wherein the designated speed threshold is a first designated speed threshold (see at least Fukuda [C14 L25-30] The automatic shifter 261 automatically resumes from the first speed to the second speed after the automatic deceleration when the actual motor speed is at or above the return threshold determined by the fourth speed line L4)
and wherein the electronic controller is configured to cause the drive motor to automatically shift from the second speed range to the first speed range when the output speed of the hydraulic drive motor drops beneath a second designated speed threshold that is lower than the first designated speed threshold (see at least Fukuda [C13 L50-59] The automatic shifter 261 obtains the first speed regulated speed set by the first speed line L1 based on the amount of operation detected by the operation detector device 64 and the first control information when the traveling motors (left traveling motor 36L and right traveling motor 36R) are at the second speed. The automatic shifter 261 automatically decelerates (decelerates from the second speed to the first speed) when the motor speed (the actual motor speed) detected by the speed detector device 68 is less than or equal to the first regulated speed).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a system for wherein the designated speed threshold is a first designated speed threshold and wherein the electronic controller is configured to cause the drive motor to automatically shift from the second speed range to the first speed range when the output speed of the hydraulic drive motor drops beneath a second designated speed threshold that is lower than the first designated speed threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda(see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
Regarding Claim 4 and Claim 16, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 and the method of Claim 14 as set forth above. However, the Schulte does not explicitly teach wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range unless a commanded drive motor speed is above the designated commanded speed threshold.
Fukuda, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range unless a commanded drive motor speed is above the designated commanded speed threshold (see at least Fukuda [C15 L46-50, C9 L40-48, C16 L7-10, C13 L17-60, C14 L7-28] the controller device 60 including the automatic shifter 261 to automatically shift the traveling motors 36L and 36R to the first speed or to the second speed...the automatic shifter 261 performs...recovery (speed increase) processing to return from the first speed to the second speed (speed increase) after deceleration processing...The automatic shifter 261 performs automatic speed increase from the first speed to the second speed as an automatic shifting...the operation detector device 64 detects an amount of operation according to the magnitude of the tilting when the traveling operation member 59 is gradually tilted from a neutral state…the amount of operation in each case of tilting the traveling operation member 59 forward or backward, tilting left or right, and tilting diagonally...the control information (first control information) is information indicating the relation between the amount of operation of the traveling operation member 59 and the motor speed of the driving motors (left driving motor 36L and right driving motor 36R)...The automatic shifter 261 obtains the first speed regulated speed set by the first speed line L1 based on the amount of operation detected by the operation detector device 64 and the first control information...the automatic shifter 261 returns from the first speed to the second speed when the actual motor speed is higher than or equal to the return threshold after the automatic deceleration...As shown in FIG. 3, the first control information includes a third speed line L3 and a fourth speed line L4 in addition to the first speed line L1 and the second speed line L2…The fourth speed line L4 is a line for setting a return threshold that is less than or equal to the first regulated speed defined by the first speed line L1 and higher than or equal to the deceleration threshold defined by the third speed line L3...The automatic shifter 261 automatically resumes from the first speed to the second speed after the automatic deceleration when the actual motor speed is at or above the return threshold determined by the fourth speed line L4) Each motor speed in Fig. 3 corresponds to an operation amount (commanded speed), and becuase the return threshold (the condition needing to be met to automatically shift from the slower speed to the faster speed) is a motor speed on the forth speed line L4, there must also be a corresponding operation amount (commanded speed) for the return threshold, therefore the automatic shift from the slower speed to the faster speed only happens if both a motor output speed and a commanded speed exceed a designated threshold, the return threshold. Further, becuase the disclosed automatic shift only happens when an input speed exceeds a preset threshold, it is also true that the automatic shift is prevented unless that condition is met.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a system for wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range unless a commanded drive motor speed is above the designated commanded speed threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda (see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
Regarding Claim 20, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 as set forth above. However, Schulte does not explicitly teach further comprising a monitor that at least indirectly monitors drive motor output speed and that is in electrical communication with the electronic controller.
Fukuda, in the same field as the endeavor, teaches further comprising a monitor that at least indirectly monitors drive motor output speed and that is in electrical communication with the electronic controller (see at least Fukuda [C9 L28-34] The revolutions speed detector device 68 includes a sensor or the like that detects the number of revolutions of the prime mover, which detects the current number of revolutions of the prime mover (prime mover speed). The revolutions speed detector device 68 may be a device that detects the prime mover speed from the amount of operation of the accelerator 65).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a system further comprising a monitor that at least indirectly monitors drive motor output speed and that is in electrical communication with the electronic controller with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the operation of the vehicle by monitoring output values important to the travelling of the vehicle.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2) and Weeramantry (US 20190366832 A1). Hereafter referred to as Schulte, Fukuda, and Weeramantry respectively.
Regarding Claim 2, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 as set forth above. However, Schulte does not explicitly teach wherein the designated speed threshold is a designated percentage of maximum speed.
Weeramantry, in the same field as the endeavor, teaches wherein the designated speed threshold is a designated percentage of maximum speed (see at least Weeramantry [¶ 48] As indicated by block 262, the sensed or input vehicle speed is also compared against a predetermined maximum speed threshold. In the example illustrated, a 15% maximum speed threshold. In other implementations, different percentage maximum speed thresholds may be applied).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a designated speed threshold that is a percentage of maximum speed with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for the benefit of simply selecting a predetermined speed value to be easily compared with a vehicle’s current speed value. Having such a predetermined speed value be a percentage of a maximum speed is well known in the art.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2) and Yoshikawa et al (US 7458917 B2). Hereafter referred to as Schulte, Fukuda, and Yoshikawa respectively.
Regarding Claim 5, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 as set forth above. However, the Schulte does not explicitly teach wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range if at least one of the following conditions is met: a powered auxiliary implement is being operated, the operator is not in a designated setting, the engine is operating under stress, or the hydraulic system is operating under stress.
Yoshikawa, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range if at least one of the following conditions is met: a powered auxiliary implement is being operated, the operator is not in a designated setting, the engine is operating under stress, or the hydraulic system is operating under stress (see at least Yoshikawa [ C3 L32-35, Claim 1] A control unit shown in FIG. 2 has a CPU and memory, receives signals from switches and sensors to be described in this specification, generates control signals for controlling actuators of valves, and transmits the control signals to required components…in response to load on said engine, said automatic shifting means preventing an automatic shift to a speed position lower than the low speed limit position (RL) and to a speed position higher than the high speed limit position (RH)).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a system for preventing the drive motor from automatically shifting from the first speed range to the second speed range if at least one of the following conditions is met: a powered auxiliary implement is being operated, the operator is not in a designated setting, the engine is operating under stress, or the hydraulic system is operating under stress with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the health of the working vehicle by avoiding shifting operations during moments of high stress on the vehicle. Additionally, one of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the working conditions of the vehicle as discussed in Yoshikawa (see at least Yoshikawa [C1 L57-58] the automatic shifting range may be set appropriately according to working conditions).
Claim 6 and Claim 17 are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2) and Rowley et al (US 20070010927 A1). Hereafter referred to as Schulte, Fukuda, and Rowley respectively.
Regarding Claim 6 and Claim 17, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 and the method of Claim 14 as set forth above. However, Schulte does not explicitly teach wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range upon initiation of a counter-steering operation.
Rowley, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range upon initiation of a counter-steering operation (see at least Rowley [Claim 16] the vehicle system manager monitors the vehicle travel speed and automatically downshifts the transmission from a high gear to a low gear when...when there is a requested change in vehicle direction).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a system for wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range upon initiation of a counter-steering operation with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the safety of the work vehicle by shifting the vehicle into a slower speed when making a turn, as making a turn or rotation of the vehicle at high speeds may lead to unsafe working conditions.
Claim 7 and Claim 18 are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2) and Hyodo et al (English Translation JP 2010185484 A). Hereafter referred to as Schulte, Fukuda, and Hyodo respectively.
Regarding Claim 7 and Claim 18, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 and the method of Claim 14 as set forth above. However, Schulte does not explicitly teach wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range during reverse travel unless an operator enters a command permitting such shifting.
Hyodo, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range during reverse travel (see at least Hyodo [English Translation, Abstract, pg.4 ¶ 2, pg.5 ¶ 1] In the present embodiment, when the accelerator pedal 7a is depressed during reverse running of the vehicle as shown in FIG. 4, the engine speed increases and the driving force F2 in the forward direction increases...During reverse running, when the vehicle speed v increases and exceeds the predetermined values vS1, vS2, and vS3 in FIG. 7B, the speed stage is automatically shifted up…On the other hand, if step S2 is negative...even if the vehicle speed v increases during reverse running and reaches the upshift vehicle speeds vS1, vS2, and vS3, the speed stage of the transmission 3 is not shifted up and the current speed stage is maintained…and a shift-up prohibiting means 8 for prohibiting the shift-up by the automatic shifting means, when the reverse directional travel state is determined by the determination means).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a system for wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range during reverse travel unless an operator enters a command permitting such shifting with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the comfort of the driver operating the vehicle as discussed in Hyodo (see at least Hyodo [English Translation, pg.4 ¶ 3] During reverse running, when the vehicle speed v increases and exceeds the predetermined values vS1, vS2, and vS3 in FIG. 7B, the speed stage is automatically shifted up. As a result, the driving force F2 due to the operation of the accelerator pedal 7a, that is, the braking force during reverse running, decreases, and the operator feels uncomfortable with the brake operability. In order to prevent this, the speed change is controlled as follows in the present embodiment).
Claim 8 and Claim 19 are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2), Kajino et al (JP 2005016560 A), and Ghral (US 20120163914 A1). Hereafter referred to as Schulte, Fukuda, Kajino, and Ghral.
Regarding Claim 8 and Claim 19, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 and the method of Claim 14 as set forth above. However, Schulte does not explicitly teach wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range if engine speed drops beneath a designated speed threshold or if engine load rises above a designated load threshold.
Kajino, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range if engine speed drops beneath a designated speed threshold (see at least Kajino [English Translation ¶ 46] if the engine speed for automatic downshifting from the “4th speed” to the “3rd speed” is set to 1300 rpm, for example, the engine is running at the “3rd speed” and the engine speed is about 1500 rpm. When shifting up to “4th speed” when shifting up by manual operation, the conventional auto-drive mechanism immediately shifts down to “3rd speed” when the engine speed drops below 1300 rpm)
Ghral, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range if engine load rises above a designated load threshold (see at least Ghral [¶ 11] the system thus performs an operation that is analogous to that performed by a vehicular automatic transmission that automatically downshifts when engine load exceeds a designated threshold).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a system for wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range if engine speed drops beneath a designated speed threshold or if engine load rises above a designated load threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the safe operation of the vehicle by improving the correlation between the driver’s intention and what the machine is doing as discussed in Kajino (see at least Kajino [English Translation, ¶ 16] Therefore, it is possible to travel at the main shift position corresponding to the operator's intention even during auto-driving, and the driving safety is improved as compared with the conventional case).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2) and Moor Jr. (US 20040159474 A1). Hereafter referred to as Schulte, Fukuda, and Moor Jr.
Regarding Claim 9, Schulte in view of Fukuda teaches all limitations of the system of Claim 1 as set forth above. Schulte further teaches wherein the utility vehicle has first and second hydraulic drive motors associated with the first and second driven ground supports, respectively (see at least Schulte [C3 L65-67, C5 L4-15] Crawler-tractor 100 also includes left side and right side drive systems 106, each of which includes a drive wheel 108 that is driven by a motor and an endless track 110 that is coupled to and driven by the drive wheel 108….The ground drive control system 200 can be used to provide control signals or instructions to solenoids 202 that are used to control the operation of a left motor 204, a left pump 206, a right motor 208 and a right pump 210. The left pump 206 provides power to the left motor 204 which in turn drives a corresponding left drive wheel 108 and left track 110 (if a track vehicle). The right pump 210 provides power to the right motor 208 which in turn drives a corresponding right drive wheel 108 and right track 110 (if a track vehicle)).
However, Schulte does not explicitly teach wherein the utility vehicle has first and second drive command devices, each of which is associated with a respective one of the first and second drive motors.
Moor Jr., in the same field as the endeavor, teaches wherein the utility vehicle has first and second drive command devices, each of which is associated with a respective one of the first and second drive motors (see at least Moor Jr. [¶ 38] The left control device 114 may include a left actuator member 115, and the right control device 116 may include a right actuator member 117. Each actuator member 115 and 117 may include a "forward" position and a "reverse" position, as will be understood by those skilled in the art).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a system for wherein the utility vehicle has first and second drive command devices, each of which is associated with a respective one of the first and second drive motors with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of including the input methods of utility vehicles that are widely known and used in the art.
Further, Schulte does not explicitly teach and wherein the electronic controller is configured to cause the first and second drive motors to automatically shift from the first speed range to the second range only if an average output speed of the first and second drive motor exceeds a designated speed threshold.
Fukuda, in the same field as the endeavor, teaches and wherein the electronic controller is configured to cause the first and second drive motors to automatically shift from the first speed range to the second range only if an average output speed of the first and second drive motor exceeds a designated speed threshold (see at least Fukuda [C4 L43-47, C15 L42-50, C14 L3-6, C16 L7-10, C10 L12-15, C13 L27-31] The hydraulic system for the working machine is provided with a pair of traveling motors 36L, 36R and a pair of traveling pumps 53L, 53R. The pair of traveling motors 36L and 36R are motors that transmit power to a pair of traveling devices 5L and 5R... the traveling motors 36L and 36R to provide a power to the traveling devices 5L and 5R and to switch between the first speed and the second speed higher than the first speed, the traveling pumps 53L and 53R to be driven by the prime mover 2 and to supply operation fluid to the traveling motors 36L and 36R, and the controller device 60 including the automatic shifter 261 to automatically shift the traveling motors 36L and 36R to the first speed or to the second speed…automatic deceleration and speed increase based on the motor speed will be explained…the automatic shifter 261 returns from the first speed to the second speed when the actual motor speed is higher than or equal to the return threshold after the automatic deceleration …the automatic shifter 261 performs automatic speed increase from the first speed to the second speed as an automatic shifting…the controller device 60 automatically increases the speed of both the left traveling motor 36L and the right traveling motor 36R from the first speed to the second speed (automatic speed increase)… the control information (first control information) is information indicating the relation between the amount of operation of the traveling operation member 59 and the motor speed of the driving motors (left driving motor 36L and right driving motor 36R)) The disclosed automatic shifting is based on the speed of both of the left and right travelling motors and is therefore analogous to the automatic shifting being based on an average output speed of the first and second drive motors.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a drive control system that is coupled to the electronic controller and to the drive motor, wherein the drive control system controls the drive motor to supply motive power to the at least one motive drive device, wherein the electronic controller is configured to cause the drive motor to automatically shift from the first speed range to the second range only if an average output speed of the hydraulic drive motor exceeds a designated speed threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda (see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
Claim 10 and Claim 11 are rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (US 11371214 B2), Lim et al (WO 2012102488 A2), and Moor Jr. (US 20040159474 A1). Hereafter referred to as Schulte, Fukuda, Lim, and Moor Jr.
Regarding Claim 10, Schulte teaches a utility vehicle (see at least Schulte [C3 L47-56]) comprising:
a chassis (see at least Schulte [C3 L47-56] a machine with a dual path electronically controlled hydrostatic transmission (also referred to as a dual path electro-hydraulic transmission or ground drive system) can be a crawler-tractor. “Crawler-tractor” refers to any of the class of work vehicles or machines having a chassis, with an engine and ground-engaging endless-loop tracks that are located on either side of the chassis, that are driven by the engine, and that move the chassis over the ground)
left and right laterally spaced driven ground supports that support the chassis on the ground (see at least Schulte [C3 L47-56] “Crawler-tractor” refers to any of the class of work vehicles or machines having a chassis, with an engine and ground-engaging endless-loop tracks that are located on either side of the chassis, that are driven by the engine, and that move the chassis over the ground)
an engine that is supported on the chassis (see at least Schulte [C3 L47-56] …with an engine…)
a hydraulic system that is supported on the chassis that includes:
ii. first and second hydraulic drive motors, each of which is coupled to one of the pumps and to a respective one of the grounds supports (see at least Schulte [C4 L63-67, C5 L46-54, C5 L4-15] the ground drive control system 200 can be used to control a dual path electronically controlled hydrostatic transmission system having variable displacement pumps and variable displacement motors…The pump and motor displacements can be determined by the ground drive control system based on the selected speed range, engine RPM, joystick position, pedal position and many other factors...The ground drive control system 200 can be used to provide control signals or instructions to solenoids 202 that are used to control the operation of a left motor 204, a left pump 206, a right motor 208 and a right pump 210. The left pump 206 provides power to the left motor 204 which in turn drives a corresponding left drive wheel 108 and left track 110 (if a track vehicle). The right pump 210 provides power to the right motor 208 which in turn drives a corresponding right drive wheel 108 and right track 110 (if a track vehicle). In one exemplary embodiment, the left pump 206 and the right pump 210 can be controlled by forward and reverse solenoids 202)
and each of the drive motors being operable in a first speed range that corresponds to a low speed range and a second speed range that corresponds to a high speed range [C4 L67, C5 L1-3, C2 L47-60, Claim 1] The pump and motor displacements can be determined by the ground drive control system based on the selected speed range, engine RPM, joystick position, pedal position and many other factors…The control system also includes a control device to generate pump and motor commands for the first pump solenoid, the first motor solenoid, the second pump solenoid and the second motor solenoid. The control device generates the pump and motor commands using a selected ramping parameters based on the speed setting value to modify the rate of change of the pump and motor commands).
However, Schulte does not explicitly teach a hydraulic system that includes: i. a tandem drive pump including first and second pumps, each being powered by the engine and having an output that can be varied by adjusting a setting of an associated swash plate and iii. a drive control valve assembly that is actuatable to switch each of the drive motors between the low speed range and the high speed range thereof.
Fukuda, in the same field as the endeavor teaches i. a tandem drive pump including first and second pumps, each being powered by the engine and having an output that can be varied by adjusting a setting of an associated swash plate (see at least Fukuda [C4 L53-55, C5 L5-11] The pair of traveling pumps 53L, 53R are pumps driven by the power of the prime mover 32, for example, a swash plate type variable displacement axial pump...the angle of the swash plate is changed by the pilot pressure acting on the pressure receiving portions 53a and 53b. By changing the angle of the swash plate, the output of the left traveling pump 53L and the right traveling pump 53R (discharge amount of hydraulic fluid) and the direction of discharge of the hydraulic fluid can be changed)
iii. a drive control valve assembly that is actuatable to switch each of the drive motors between the low speed range and the high speed range thereof (see at least Fukuda [C6 L40-45] the traveling motor (left traveling motor 36L and right traveling motor 36R) can be switched between a first speed, which is on the low speed side, and a second speed, which is on the high speed side, by the traveling switch valve 34).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a system for a tandem drive pump including first and second pumps, each being powered by the engine and having an output that can be varied by adjusting a setting of an associated swash plate and a drive control valve assembly that is actuatable to switch each of the drive motors between the low speed range and the high speed range thereof with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the quality and operation of the work machine by including hydraulic drive systems and features that are well known in the art. Additionally, varying output and switching between speed ranges would be useful for improving the flexibility of the work machine by increasing its operational capabilities.
Further, while Schulte teaches a drive control system, it does not explicitly teach a drive control system including: iii. a drive control system that is coupled to the electronic controller and to the drive control valve assembly, wherein the electronic controller is configured to cause actuation of the drive control valve assembly to control each of the drive motors to automatically shift from the first speed range to the second range only if both an average output speed of the drive motors exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold.
Fukuda, in the same field as the endeavor, teaches: iii. a drive control system that is coupled to the electronic controller and to the drive control valve assembly, wherein the electronic controller is configured to cause actuation of the drive control valve assembly to control each of the drive motors to automatically shift from the first speed range to the second range only if both an average output speed of the drive motors exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold (see at least Fukuda [C15 L46-50, C9 L40-48, C16 L7-10, C13 L17-60, C14 L7-28] the controller device 60 including the automatic shifter 261 to automatically shift the traveling motors 36L and 36R to the first speed or to the second speed...the automatic shifter 261 performs...recovery (speed increase) processing to return from the first speed to the second speed (speed increase) after deceleration processing...The automatic shifter 261 performs automatic speed increase from the first speed to the second speed as an automatic shifting...the operation detector device 64 detects an amount of operation according to the magnitude of the tilting when the traveling operation member 59 is gradually tilted from a neutral state…the amount of operation in each case of tilting the traveling operation member 59 forward or backward, tilting left or right, and tilting diagonally...the control information (first control information) is information indicating the relation between the amount of operation of the traveling operation member 59 and the motor speed of the driving motors (left driving motor 36L and right driving motor 36R)...The automatic shifter 261 obtains the first speed regulated speed set by the first speed line L1 based on the amount of operation detected by the operation detector device 64 and the first control information...the automatic shifter 261 returns from the first speed to the second speed when the actual motor speed is higher than or equal to the return threshold after the automatic deceleration...As shown in FIG. 3, the first control information includes a third speed line L3 and a fourth speed line L4 in addition to the first speed line L1 and the second speed line L2…The fourth speed line L4 is a line for setting a return threshold that is less than or equal to the first regulated speed defined by the first speed line L1 and higher than or equal to the deceleration threshold defined by the third speed line L3...The automatic shifter 261 automatically resumes from the first speed to the second speed after the automatic deceleration when the actual motor speed is at or above the return threshold determined by the fourth speed line L4) Each motor speed in Fig. 3 corresponds to an operation amount (commanded speed), and becuase the return threshold (the condition needing to be met to automatically shift from the slower speed to the faster speed) is a motor speed on the forth speed line L4, there must also be a corresponding operation amount (commanded speed) for the return threshold, therefore the automatic shift from the slower speed to the faster speed only happens if both a motor output speed and a commanded speed exceed a designated threshold, the return threshold.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a system for a drive control system that is coupled to the electronic controller and to the drive control valve assembly, wherein the electronic controller is configured to cause actuation of the drive control valve assembly to control each of the drive motors to automatically shift from the first speed range to the second range only if both an average output speed of the drive motors exceeds a designated speed threshold and the commanded speed exceeds a designated commanded speed threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda (see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
Further, while Schulte teaches a drive control system, it does not explicitly teach a drive control system including: i. an electronic controller that is electronically coupled to the swash plates and to the drive control valve assembly.
Lim, in the same field as the endeavor, teaches: i. an electronic controller that is electronically coupled to the swash plates and to the drive control valve assembly (see at least Lim [English Translation, pg.2 ¶ 6] The pressure controlled electrohydraulic pump is controlled through control means such as an electronic controller. The electronic control unit receives an input value of the swash plate angle as an electric signal from the joystick operation amount and the sensor mounted in the electrohydraulic pump as the lever such as the joystick in the cockpit of the construction machine is operated).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a system for an electronic controller that is electronically coupled to the swash plates and to the drive control valve assembly with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the reliability of the swash plate control by including a separate system from the hydraulics to control the angle of the swash plate as discussed in Lim (see at least Lim [English Translation, pg.4 ¶ 3] when the pressure sensor of the joystick in the construction machine using the electro-hydraulic pump is broken, the electronic control unit may provide a hydraulic system of the construction machine to temporarily control the electro-hydraulic pump).
Further, while the Schulte teaches a drive control system, it does not explicitly teach a drive control system including: ii. first and second manually actuated drive command devices, each of which is electronically coupled to the electronic controller and is operable to generate a drive command signal, a magnitude of which is dependent upon a degree of actuation of the drive command device and corresponds to a commanded speed.
Moor Jr., in the same field as the endeavor, teaches: ii. first and second manually actuated drive command devices, each of which is electronically coupled to the electronic controller and is operable to generate a drive command signal, a magnitude of which is dependent upon a degree of actuation of the drive command device and corresponds to a commanded speed (see at least Moor Jr. [¶ 38] The left control device 114 may include a left actuator member 115, and the right control device 116 may include a right actuator member 117. Each actuator member 115 and 117 may include a "forward" position and a "reverse" position, as will be understood by those skilled in the art).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte, Fukuda, and Lim to contain a system containing first and second manually actuated drive command devices, each of which is electronically coupled to the electronic controller and is operable to generate a drive command signal, a magnitude of which is dependent upon a degree of actuation of the drive command device with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of including the input methods of utility vehicles that are widely known and used in the art.
Regarding Claim 11, Schulte in view of Fukuda, Lim, and Moor Jr. teach all limitations of the system of Claim 10 as set forth above. However, Schulte does not explicitly teach wherein the designated speed threshold is a first speed threshold, and wherein the electronic controller is configured to cause the drive motors to automatically shift from the second speed range to the first speed range when the average output speed of the drive motors drops beneath a second designated speed threshold that is lower than the first designated speed threshold.
Fukuda, in the same field as the endeavor, teaches wherein the designated speed threshold is a first designated speed threshold (see at least Fukuda [C14 L25-30] The automatic shifter 261 automatically resumes from the first speed to the second speed after the automatic deceleration when the actual motor speed is at or above the return threshold determined by the fourth speed line L4)
and wherein the electronic controller is configured to cause the drive motors to automatically shift from the second speed range to the first speed range when the average output speed of the hydraulic drive motor drops beneath a second designated speed threshold that is lower than the first designated speed threshold (see at least Fukuda [C13 L50-59] The automatic shifter 261 obtains the first speed regulated speed set by the first speed line L1 based on the amount of operation detected by the operation detector device 64 and the first control information when the traveling motors (left traveling motor 36L and right traveling motor 36R) are at the second speed. The automatic shifter 261 automatically decelerates (decelerates from the second speed to the first speed) when the motor speed (the actual motor speed) detected by the speed detector device 68 is less than or equal to the first regulated speed) The disclosed automatic shifting is based on the speed of both of the left and right travelling motors and is therefore analogous to the automatic shifting being based on an average output speed of the first and second drive motors.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a system for wherein the designated speed threshold is a first designated speed threshold and wherein the electronic controller is configured to cause the drive motor to automatically shift from the second speed range to the first speed range when the average output speed of the hydraulic drive motor drops beneath a second designated speed threshold that is lower than the first designated speed threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda (see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (JP 2021067147 A), Lim et al (WO 2012102488 A2), Moor Jr. (US 20040159474 A1), and Yagi et al (EP 0562515 A1). Hereafter referred to as Schulte, Fukuda, Lim, Moor Jr., and Yagi.
Regarding Claim 12, Schulte in view of Fukuda, Lim, and Moor Jr. teach all limitations of the system of Claim 10 as set forth above. However, Schulte does not explicitly teach wherein the electronic controller is additionally configured to prevent the drive motors from automatically shifting from the first speed range to the second speed range unless an average commanded drive motor speed as reflected by operation of the first and second drive command devices is above the designated commanded speed threshold.
Fukuda, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range unless a commanded drive motor speed is above a designated commanded speed threshold (see at least Fukuda [C15 L46-50, C9 L40-48, C16 L7-10, C13 L17-60, C14 L7-28] the controller device 60 including the automatic shifter 261 to automatically shift the traveling motors 36L and 36R to the first speed or to the second speed...the automatic shifter 261 performs...recovery (speed increase) processing to return from the first speed to the second speed (speed increase) after deceleration processing...The automatic shifter 261 performs automatic speed increase from the first speed to the second speed as an automatic shifting...the operation detector device 64 detects an amount of operation according to the magnitude of the tilting when the traveling operation member 59 is gradually tilted from a neutral state…the amount of operation in each case of tilting the traveling operation member 59 forward or backward, tilting left or right, and tilting diagonally...the control information (first control information) is information indicating the relation between the amount of operation of the traveling operation member 59 and the motor speed of the driving motors (left driving motor 36L and right driving motor 36R)...The automatic shifter 261 obtains the first speed regulated speed set by the first speed line L1 based on the amount of operation detected by the operation detector device 64 and the first control information...the automatic shifter 261 returns from the first speed to the second speed when the actual motor speed is higher than or equal to the return threshold after the automatic deceleration...As shown in FIG. 3, the first control information includes a third speed line L3 and a fourth speed line L4 in addition to the first speed line L1 and the second speed line L2…The fourth speed line L4 is a line for setting a return threshold that is less than or equal to the first regulated speed defined by the first speed line L1 and higher than or equal to the deceleration threshold defined by the third speed line L3...The automatic shifter 261 automatically resumes from the first speed to the second speed after the automatic deceleration when the actual motor speed is at or above the return threshold determined by the fourth speed line L4) Each motor speed in Fig. 3 corresponds to an operation amount (commanded speed), and becuase the return threshold (the condition needing to be met to automatically shift from the slower speed to the faster speed) is a motor speed on the forth speed line L4, there must also be a corresponding operation amount (commanded speed) for the return threshold, therefore the automatic shift from the slower speed to the faster speed only happens if both a motor output speed and a commanded speed exceed a designated threshold, the return threshold. Further, becuase the disclosed automatic shift only happens when an input speed exceeds a preset threshold, it is also true that the automatic shift is prevented unless that condition is met
Yagi, in the same field as the endeavor teaches wherein the commanded driver motor speed is an average commanded motor speed (see at least Yagi [C3 L60-67] The mean throttle position setting part 56 sets a mean throttle position value by taking a weighted average of the first throttle position value and the second throttle position value. The control part 57 carries out a shifting control process for the automatic transmission 55 in accordance with the mean throttle position value set by the mean throttle position setting part 56).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte and Fukuda to contain a system for wherein the electronic controller is additionally configured to prevent the drive motor from automatically shifting from the first speed range to the second speed range unless an average commanded drive motor speed is above a designated commanded speed threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the smooth operation and travel of the work machine by preventing chattering as discussed in Fukuda (see at least Fukuda [C15 L60-64] automatic shift can be smoothly performed. In other words, it is possible to prevent chattering in which automatic transmission is performed in a short period of time).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (JP 2021067147 A), Lim et al (WO 2012102488 A2), Moor Jr. (US 20040159474 A1), Kajino et al (JP 2005016560 A), and Ghral (US 20120163914 A1). Hereafter referred to as Schulte, Fukuda, Lim, Moor Jr., Kajino, and Ghral.
Regarding Claim 13, Schulte in view of Fukuda, Lim, and Moor Jr. teach all limitations of the system of Claim 10 as set forth above. However, Schulte does not explicitly teach wherein the electronic controller is additionally configured to cause the drive motors to automatically shift from the second speed range to the first speed range if engine speed drops beneath a designated speed threshold or if engine load rises above a designated load threshold.
Kajino, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to cause the drive motors to automatically shift from the second speed range to the first speed range if engine speed drops beneath a designated speed threshold (see at least Kajino [English Translation ¶ 46] if the engine speed for automatic downshifting from the “4th speed” to the “3rd speed” is set to 1300 rpm, for example, the engine is running at the “3rd speed” and the engine speed is about 1500 rpm. When shifting up to “4th speed” when shifting up by manual operation, the conventional auto-drive mechanism immediately shifts down to “3rd speed” when the engine speed drops below 1300 rpm)
Ghral, in the same field as the endeavor, teaches wherein the electronic controller is additionally configured to cause the drive motor to automatically shift from the second speed range to the first speed range if engine load rises above a designated load threshold (see at least Ghral [¶ 11] the system thus performs an operation that is analogous to that performed by a vehicular automatic transmission that automatically downshifts when engine load exceeds a designated threshold).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in the combination of Schulte, Fukuda, Lim, and Moor Jr. to contain a system for wherein the electronic controller is additionally configured to cause the drive motors to automatically shift from the second speed range to the first speed range if engine speed drops beneath a designated speed threshold or if engine load rises above a designated load threshold with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the safe operation of the vehicle by improving the correlation between the driver’s intention and what the machine is doing as discussed in Kajino (see at least Kajino [English Translation, ¶ 16] Therefore, it is possible to travel at the main shift position corresponding to the operator's intention even during auto-driving, and the driving safety is improved as compared with the conventional case).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Schulte et al (US 9719586 B2) in view of Fukuda et al (JP 2021067147 A), and Lim et al (WO 2012102488 A2). Hereafter referred to as Schulte, Fukuda, and Lim.
Regarding Claim 21, Schulte in view of Fukuda teaches all limitations of the system of Claim 20 as set forth above. However, Schulte does not explicitly teach wherein the hydraulic system further comprises a pump that delivers hydraulic fluid to the drive motor, the pump having a variable position swash plate that varies pump output and, accordingly, drive motor output speed, and wherein the monitor monitors a position of the swash plate.
Fukuda, in the same field as the endeavor, teaches wherein the hydraulic system further comprises a pump that delivers hydraulic fluid to the drive motor, the pump having a variable position swash plate that varies pump output and, accordingly, drive motor output speed (see at least Fukuda [C4 L53-57, C5 L6-11] The pair of traveling pumps 53L, 53R are pumps driven by the power of the prime mover 32, for example, a swash plate type variable displacement axial pump. The pair of traveling pumps 53L, 53R supply hydraulic fluid to each of the pair of traveling motors 36L, 36R as they are driven...the angle of the swash plate is changed by the pilot pressure acting on the pressure receiving portions 53a and 53b. By changing the angle of the swash plate, the output of the left traveling pump 53L and the right traveling pump 53R (discharge amount of hydraulic fluid) and the direction of discharge of the hydraulic fluid can be changed).
Lim, in the same field as the endeavor, teaches wherein the monitor monitors a position of the swash plate (see at least Lim [English Translation pg.6 para.2] regulators 112a and 112b for adjusting the swash plate angles of the electrohydraulic pumps 110a and 110b, and an electronic controller 150 capable of controlling the regulator, and the electronic controller 150 controls the amount of operation of the joystick. (For example, the pressure signal 162 from the pressure sensor 160) and the flow signal (e.g., the angle detection signal of the swash plate angle) 116a, 116b of each of the electrohydraulic pumps 110a, 110b and corresponding control signals).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified the system set forth in Schulte to contain a system for wherein the hydraulic system further comprises a pump that delivers hydraulic fluid to the drive motor, the pump having a variable position swash plate that varies pump output and, accordingly, drive motor output speed, and wherein the monitor monitors a position of the swash plate with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the quality and operation of the work machine by including hydraulic drive systems and features that are well known in the art, such as swash plates. Further, one of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the operation and reliability of the vehicle by monitoring output values important to the function of the vehicle’s pumps and motors.
Conclusion
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/JOSEPH ANDERSON YANOSKA/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664