DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/15/2025 has been entered.
Status of Claims
This final rejection is in response to Applicant’s amended filing of 02/06/2026.
Claims 1 and 6 are currently pending and have been examined. Applicant has amended claim 1 and cancelled claims 2-5 and 7.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 6 rejected under 35 USC § 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo et al. (US 20160376772 A1) in view of Bando et al. (JP 2020008286 A), Hsu et al. (US 20200064493 A1), and Fujishima et al. (JP 2001303622 A).
Regarding claim 1, Kondo discloses a construction machine (see at least abstract) comprising:
a machine body (see at least ¶ [0046] and Fig. 1);
a work device attached to the machine body in a raiseable and lowerable manner (see at least ¶ [0046] and Fig. 1);
an antenna that is attached to the machine body, and receives positioning signals from a plurality of satellites (see at least ¶ [0058-0060] disclosing GNSS antennas disposed on the excavator in communication with an arrangement of positioning satellites);
a first sensor that senses information on a posture and motion of the machine body (see at least ¶ [0062] and [0084-0085] disclosing an IMU used as a state detection device for detecting the attitude and angular velocity and acceleration of the excavator);
a second sensor that senses information on a posture of the work device (see at least ¶ [0074-0075] disclosing first, second, and third stroke sensors positioned on corresponding boom, arm, and bucket cylinders to measure cylinder displacement of the corresponding boom, arm, and bucket);
and a computing device that computes posture information indicating the postures of the machine body and the work device (see at least ¶ [0112-0115] disclosing a position detection device and a position information calculating unit for determining the position of the excavator), where the computing device is configured to:
make a motion determination that is to determine whether or not the machine body is in motion based on a sensing result of the first sensor (see at least ¶ [0192] and [0231-0238] disclosing a determiner for observing whether the excavator is stationary, non-stationary, or traveling)
and compute posture information at the first time based on a result of the first smoothing processing, information at the first time sensed by the first sensor, and information at the first time sensed by the second sensor (see at least ¶ [0112-0115], [0117-0120], and [0137-0148] disclosing a position detection device and a position information calculating unit for determining the position of the excavator, wherein a smoothing process is used to compute position information while suppressing variation in measurements).
While Kondo discloses the computing device is configured to perform positioning computation that is to compute a position of the machine body on a basis of the positioning signals from the plurality of satellites, the positioning signals being received by the antenna and smooth the position of the machine body at a first time obtained by the positioning computation through first smoothing processing, (see at least ¶ [0117-0120] and [0137-0148] disclosing a smoothing process is used to compute position information while suppressing variation in measurements from the GNSS antennae and satellites), Kondo does not explicitly disclose computing a variance value of the position of the machine body and the first smoothing processing using a filter as a magnitude of the variance value of the position of the machine body at the first time obtained by the positioning computation becomes larger,
and the smoothing processing using the distinct parameter of the variance value of the position of the machine body.
However, Bando suggests computing a variance value of the position of the machine body and the first smoothing processing using a filter as a magnitude of the variance value of the position of the machine body at the first time obtained by the positioning computation becomes larger (see at least ¶ [0052-0055], [0061], and [0107] of the machine translation and Figs. 1 and 3-4 disclosing a positioning device that calculates the error variance value of an output position from satellite positioning of an excavator),
and the smoothing processing using the distinct parameter of the variance value of the position of the machine body (see at least ¶ [0052-0055], [0061], and [0107] of the machine translation and Figs. 1 and 3-4 disclosing a positioning device that calculates the error variance value of an output position from satellite positioning of an excavator).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the variance value calculation of Bando into the smoothing process of Kondo with a reasonable expectation of success because both inventions are directed toward the operation and positioning of excavators via satellites. This would help improve the accuracy of Kondo’s smoothing process and the overall positioning of the excavator.
While Kondo discloses posture information of the computing device is computed on a basis of a result of the smoothing processing, the information sensed by the first sensor, and the information sensed by the second sensor (see at least ¶ [0112-0115], [0117-0120], and [0137-0148] disclosing a position detection device and a position information calculating unit for determining the position of the excavator, wherein a smoothing process is used to compute position information while suppressing variation in measurements) and the smoothing processing using a filter in a case where it is determined in the motion determination that the machine body is motionless than in a case where it is determined in the motion determination that the machine body is in motion (see at least ¶ [0192] and [0231-0238] disclosing a determiner for observing whether the excavator is stationary, non-stationary, or traveling and how it affects smoothing based on calculated error), and the smoothing processing using the distinct parameter of the motion determination of the machine body (see at least ¶ [0192] and [0231-0238] disclosing a determiner for observing whether the excavator is stationary, non-stationary, or traveling and how it affects smoothing based on calculated error), the combination of Kondo and Bando does not disclose further smoothing a first corrected position at the first time obtained by the first smoothing processing through second smoothing processing,
and computing posture information at the first time based on a second corrected position at the first time obtained by performing the two-stage smoothing processing of the first smoothing processing and the second smoothing processing to the position of the machine body at the first time obtained by the positioning computation.
However, Hsu discloses a vehicle outfitted with a satellite positioning system employing a smoothing process module with a recursive mechanism where satellite positioning information as well as smoothed data are reprocessed in the smoothing process continuously (see at least ¶ [0020-0021], [0035], and [0060-0063] and Fig. 1).
This suggests further smoothing a first corrected position obtained by the first smoothing processing through second smoothing processing and computing the posture information based on a second corrected position obtained by performing the two-stage smoothing processing of the first smoothing processing and the second smoothing processing to the position of the machine body obtained by the positioning computation. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the recursive mechanism of Hsu with the combination of Kondo and Bando with a reasonable expectation of success because all inventions are directed toward improving the accuracy of satellite positioning systems for vehicles. This would allow the smoothing process to refine its calculations and produce more accurate positioning results.
The combination of Kondo, Bando, and Hsu does not explicitly disclose the first smoothing processing using a first time constant changing low-pass filter that is changed to have a larger time constant as a magnitude of the variance value of the position of the machine body at the first time obtained by the positioning computation becomes larger;
the second smoothing processing using a second time constant changing low-pass filter that is changed to have a larger time constant in a case where it is determined in the motion determination that the machine body is motionless than in a case where it is determined in the motion determination that the machine body is in motion;
and using the first and second time constant changing low-pass filters in which the time constants are changed according to two distinct parameters that are the variance value of the position of the machine body and the motion determination of the machine body (emphasis added to stress deficient matter within appropriate context – other matter is present in the aforementioned disclosures and citations above).
However, Fujishima discloses a hydraulic excavator that controls its hydraulic arm cylinder to apply a cushioning effect at the end of movement strokes by changing the time constant of a low-pass filter from a first time constant to a second time constant in its control signals, the second time constant being larger than the first (see at least ¶ [0013-0017] and [0051-0055]).
This suggests the first and second smoothing processing using first and second time constant changing low-pass filters that are changed to have a larger time constant. While they are not applied according to the two distinct parameters that are the variance value of the position of the machine body and the motion determination of the machine body, the use of changing time constants can be applied to the smoothing processes in accordance to motion determination and variance value as parameters as disclosed in Kondo and Bando, respectively. Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the time constant changing low-pass filter of Fujishima into the combination of Kondo, Bando, and Hsu wit a reasonable expectation of success because all inventions are directed toward the operation of hydraulic excavators and the motion of their implements. This cushioning would allow for better motion control for the excavator’s cylinders at the end of strokes, thereby making position estimation more accurate.
Regarding claim 6, Kondo discloses an operation device for operating the machine body (see at least ¶ [0062-0064] disclosing an operating device);
and a third sensor that senses operation of the operation device (see at least ¶ [0062-0064] disclosing an operating device utilizing pilot pressure, levers, and valves to receive and transfer the operator’s commands),
wherein the motion determination of the computing device is to determine that the machine body is in motion when the first sensor senses motion of the machine body or when the third sensor senses operation of the operation device (see at least ¶ [0062], [0085-0089], and [0179-0188] disclosing a smoothing process is used to compute angular velocity information while suppressing variation in measurements from the GNSS antennae and satellites).
Conclusion
THIS ACTION IS MADE FINAL. 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 JARED C BEAN whose telephone number is (571)272-5255. The examiner can normally be reached 7:30AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Z Mehdizadeh can be reached on (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.C.B./Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669
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