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 .
Priority
The instant application is a 371 national stage entry to PCT/JP2021/022883, filed June 16 2021, which properly claims priority to Provisional App. No 63/069,169 filed on August 24 2020, and a copy of said foreign priority document was placed in the filed wrapper on January 30 2023 and thus the effective filing date of the instance application’s claims is August 24 2020.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on January 30 2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 29, 2025 has been entered.
Response to Amendment
In response to Applicant’s amendments dated August 18 2025, Examiner withdraws the rejections under 35 U.S.C. 102(a)(2) and 35 U.S.C. 103, and puts out new grounds of rejection under 35 U.S.C. 103.
Response to Arguments
Applicant’s arguments regarding the rejections under 35 U.S.C. 102 and 35 U.S.C. 103 regarding the use of Ready-Campbell have been considered but are not persuasive. Ready-Campbell does measure and upload based on data after a completion of a tool path (Paragraph [0139], “The volume check engine 440 may update the predictive excavation model based on data collected before, during, or after the completion of a target tool path”). However, it does not include an average speed and time taken, to be uploaded after the completion of a tool path, for the purpose of optimizing a repeated performance of a same type of task as that which was measured, which is now taught via the inclusion of McGuffie. The combination of Ready-Campbell and McGuffie renders the amended claim language to be obvious. Furthermore, Examiner notes, in a situation where the combination controls more than two vehicles (e.g. Paragraph [0156] of Ready-Campbell, where five hauling vehicles are controlled), the optimisation of the fleet, as taught by McGuffie, does not need to be a relationship of a first vehicle and a subsequent vehicle. Although Examiner does not find it to be necessary for the combination provided, the non-cited Marsolek (US 20170205814 A1) demonstrates a similar context and application of this reasoning in its desire for the consistent pacing of a plurality of vehicles, (Paragraph [0111], “A supervisor may instruct certain transport vehicles to … utilize speed ranges within legal parameters, and or follow other commands to ensure a desired flow of material into the worksite at a proper temperature for use by the paver.”). In other words, Marsolek emphasizes a known problem and accordant functionality, where that functionality is also present in Ready-Campbell, which is readily modified by inclusion of McGuffie. Claim 1’s amended language is also naturally addressed via the use of Li (WO 2019189888 A1) in teaching Claim 8, where a vehicle on a next day constitutes a second vehicle, whose operational parameters may be revised as known in McGuffie.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-7 and 11-13 are rejected under 35 U.S.C. 103 as being obvious over Ready-Campbell (US 20210149391 A1), previously of record, further in view of McGuffie (US 20190282889 A1), newly of record, herein after referred to simply as Ready-Campbell and McGuffie respectively.
Regarding Claim 1,
Ready-Campbell discloses the following limitations,
An operation control method for controlling an operation of a plurality of construction machines that perform excavation while moving, (Abstract, “This description provides an autonomous or semi-autonomous earth shaping vehicle that is capable of cooperatively hauling earth from a first location to a second location in a dig site with other earth shaping vehicles.”)
the method comprising: determining … a moving speed of the first construction machine during the excavation and an excavation time of the first construction machine to perform the excavation; (Paragraph [0181], “Based on the volume of earth to be excavated from the dig site, the volume of the excavation tool coupled to the excavation vehicle, or a combination thereof, the operation adjustment engine 950 determines an amount of time—an excavation time—for the excavation vehicle to excavate the volume of earth. Additionally, given the distance between the loading location and the dig location and the maximum velocity of the excavation vehicle, the operation adjustment engine 950 determines an amount of time—a navigation time—for the excavation vehicle to navigate from the dig location to the loading location. “ - time intervals for vehicle operation are determined. The time interval is integrally linked to a tool speed, Paragraph [0126], “In moving the tool through the target tool path, the hydraulic distribution engine 630 measures the speed of the tool and compares it to a target speed. The target speed refers to the speed that the drive system 210 is traveling.” And Paragraph [0146], “Alternatively, if a vehicle is taking less time to complete a fill routine, the hauling engine 820 may increase the speed of each vehicle traveling to conclude the earth shaping routine more efficiently.”)
and setting a moving speed and an excavation time of a second construction machine for excavation by the second construction machine after the excavation by the first construction machine is completed, wherein the setting is based on the moving speed and the excavation time of the first construction machine, (Paragraph [0141], “For example, in one embodiment an excavator may operate in coordination with other excavators, but, in another embodiment, the excavator may operate in coordination with one or more hauling vehicles” – multiple excavation vehicles can be used in one dig site. Paragraph [0213], “Alternatively, the traffic management engine 1050 detects the second earth shaping vehicle 115 closing with the threshold distance of the first vehicle 115 and generates instructions to decrease the velocity of the second vehicle to increase distance from the second vehicle to remove the second vehicle from the detection radius of the first vehicle.” The velocity of the vehicles is modified based on one another, to ensure routine spacing and prevent bottlenecks or collisions, Paragraph [0003], “However, in implementations in which several autonomous or semi-autonomous vehicles simultaneously perform different tasks, there exists a need for mechanisms for track the positions of each vehicle relative to other vehicles and to update each vehicle's control instructions to prevent collisions or bottlenecks in the simultaneous execution of the various earth moving tasks.”)
wherein the first construction machine and the second construction machine are of a same type (Paragraph [0141], “The multiple earth shaping vehicles may be configured with the same type or different earth shaping tools or specifications.” – the earth shaping vehicles of note may be either matching excavation vehicles or matching hauling vehicles, and further, both of these features may be combined, thus, in a set of self-loading haulers, Paragraph [0170], “In some embodiments, a hauling vehicle, for example hauling vehicles 912, may be capable of independently excavating earth from a dig location and loading the excavated earth into a hauling tool coupled to the vehicle. In such implementations, the hauling vehicle is configured with an excavation tool and a hauling tool. Examples of such self-loading hauling vehicles include, but are not limited to, a wheel tractor-scraper or an alternative scraper vehicle.” The circulation of a number of self-loading hauling vehicles, at a routine pace, where the vehicle timing and speed is relatively matched, is thus one embodiment of Ready-Campbell.)
However, Ready-Campbell does not disclose the following limitation,
Determining after excavation by a first construction machine is completed, a moving speed … and an excavation time
However, this is taught by McGuffie, which uploads information about a task after its completion, including a duration and an average speed (Paragraph [0027], “The server 16 may be configured to store this information and use it for future use and/or for management tasks such as productivity optimisation. The server 16 may be configured (eg programmed) to record operational information at the macro level (eg time taken or amount of paint used, or average travel speed when marking a particular football pitch or set of pitches)”).
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified the vehicle coordination of Ready-Campbell with the discretely timed sharing of information as taught by McGuffie, as this is a means of enabling the optimization of tasks (Paragraph [0027], “The server 16 may be configured to store this information and use it for future use and/or for management tasks such as productivity optimisation.”). Furthermore, the combination is a simple substitution of elements yielding results which are predictable to one of ordinary skill in the art.
Regarding Claim 2,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. Ready-Campbell further discloses the following limitations,
wherein the first construction machine includes a scraper that performs the excavation, the second excavation machine includes a second scraper that performs the excavation, (Paragraph [0040], “Examples of hauling vehicles 115 b within the scope of this description include on-road or off-road trucks, for example dump trucks, articulated dump trucks or belly dumps, self-loading trucks, for example scrapers, scraper-tractors, high-speed dozers, or other wheeled or tracked equipment configured to tow a scraper attachment.” – the hauling and excavation vehicles may be integrated in the example of self-loading trucks, like a scraper-tractor, which uses a scraper to fill a towed bowl.)
and an amount by which the first scraper digs into a ground surface and an amount by which the second scraper digs into the ground surface are controlled to be the same (Paragraph [0082], “The volume check engine 440 measures the amount of earth in a tool 175 of an earth shaping vehicle 115, for example an excavation tool coupled to an excavation vehicle or a hauling tool coupled to a hauling vehicle, and makes a determination regarding whether or not the earth shaping vehicle should release the contents of the tool or continue executing an earth shaping routine.” – when both excavation vehicles are of a same type, the vehicles have equal fill thresholds and thus dig a same amount, and are also controlled to handle equivalent soil through equivalent digging configurations.)
Regarding Claim 3,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. Ready-Campbell further discloses the following limitations,
comprising a moving processing of moving from an excavated area where the excavation is performed to a scattered area where an excavated object obtained by the excavation method is scattered (Paragraph [0039], “The hauling vehicle 115 b transports to earth from a first location in the dig site to a second location, for example a fill location.” – the fill location is a scattered area and a dig site is an excavated area).
wherein a moving time of the first construction machine to perform the machine to perform the moving process and a moving time of the second construction machine to perform the moving process are set to be the same. (Paragraph [0145], “To prevent traffic bottlenecks or collisions at points along the target tool path or the entrance to the fill location, the hauling engine 820 continuously tracks the location of each hauling vehicle relative to each other hauling vehicle 115 c of the fleet. If the hauling engine 820 detects that a first vehicle 115 c is about to or may eventually encounter or collide with a second vehicle 115 c because the first vehicle is moving too fast, the hauling engine 820 generates instructions to reduce the speed of the first vehicle.” – the timing of the hauling process is controlled for a dependable interval that prevents bottlenecks)
Regarding Claim 4,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 3. Ready-Campbell further discloses the following limitations,
wherein a moving speed of the first construction machine in the moving process and a moving speed of the second construction machine in the moving process are set to be the same (Paragraph [0145], “To prevent traffic bottlenecks or collisions at points along the target tool path or the entrance to the fill location, the hauling engine 820 continuously tracks the location of each hauling vehicle relative to each other hauling vehicle 115 c of the fleet. If the hauling engine 820 detects that a first vehicle 115 c is about to or may eventually encounter or collide with a second vehicle 115 c because the first vehicle is moving too fast, the hauling engine 820 generates instructions to reduce the speed of the first vehicle.” – the timing is controlling by modulating travel speeds which are too fast or too slow, to ensure a consistency and a same speed)
Regarding Claim 5,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. Ready-Campbell further discloses the following limitations,
a moving process of moving from an excavated area where the excavation is performed to a scattered area where an excavated object obtained by the excavation is scattered; a discharging process of discharging the excavated object at the scattered area; and a redirection process of redirection from the scattered area to excavated area (Paragraph [0158], “In some implementations in which the excavation vehicle 904 takes multiple passes between the dig location 906 and the loading location 916 to excavate the specified amount of earth, the hauling vehicle 912 a remains at the loading location 916 until the full amount of earth has been transferred.” – the excavation material performs a digging, discharges the dirt at a scattered area 908, and returns to the excavated area 906 via a redirection process 910. See Figure 9A.)
wherein the second construction machine is controlled such that a time required for each of the moving process, the discharging process, and the redirection process of the first construction machine is equal to time required for each of the moving process, the discharging process, and the redirection process of the second construction machine (Paragraph [0213], “Alternatively, the traffic management engine 1050 detects the second earth shaping vehicle 115 closing with the threshold distance of the first vehicle 115 and generates instructions to decrease the velocity of the second vehicle to increase distance from the second vehicle to remove the second vehicle from the detection radius of the first vehicle.” The velocity of the vehicles is modified based on one another, to ensure routine spacing and prevent bottlenecks or collisions, Paragraph [0003], “However, in implementations in which several autonomous or semi-autonomous vehicles simultaneously perform different tasks, there exists a need for mechanisms for track the positions of each vehicle relative to other vehicles and to update each vehicle's control instructions to prevent collisions or bottlenecks in the simultaneous execution of the various earth moving tasks.” A speed and time interval are integrally linked, Paragraph [0146], “Alternatively, if a vehicle is taking less time to complete a fill routine, the hauling engine 820 may increase the speed of each vehicle traveling to conclude the earth shaping routine more efficiently.”)
Regarding Claim 6,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 5. Ready-Campbell further discloses the following limitations,
wherein the moving speed of the second construction machine is controlled such that the moving speed of the first machine, the discharging speed, and the redirection process is equal to the moving speed of the second construction machine in each of the moving process, the discharging process, and the redirection process (Paragraph [0213], “Alternatively, the traffic management engine 1050 detects the second earth shaping vehicle 115 closing with the threshold distance of the first vehicle 115 and generates instructions to decrease the velocity of the second vehicle to increase distance from the second vehicle to remove the second vehicle from the detection radius of the first vehicle.” The velocity of the vehicles is modified based on one another, to ensure routine spacing and prevent bottlenecks or collisions, Paragraph [0003], “However, in implementations in which several autonomous or semi-autonomous vehicles simultaneously perform different tasks, there exists a need for mechanisms for track the positions of each vehicle relative to other vehicles and to update each vehicle's control instructions to prevent collisions or bottlenecks in the simultaneous execution of the various earth moving tasks.” A speed and time interval are integrally linked, Paragraph [0146], “Alternatively, if a vehicle is taking less time to complete a fill routine, the hauling engine 820 may increase the speed of each vehicle traveling to conclude the earth shaping routine more efficiently.”)
Regarding Claim 7,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. Ready-Campbell further discloses the following limitations,
wherein the operation of the second construction machine is controlled in an unmanned manner (Abstract, “This description provides an autonomous or semi-autonomous earth shaping vehicle that is capable of cooperatively hauling earth from a first location to a second location in a dig site with other earth shaping vehicles.”)
Regarding Claim 11,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. Ready-Campbell further discloses the following limitations,
obtaining data concerning a drive of the first construction machine at a first yard, wherein the data is applied at a second yard that is different from the first yard (Paragraph [0126], “Often, greater than expected soil friction is due to the tool being too deep (or angled along a path proceeding downward), thus generating more friction and often causing the tool to fall off the target tool path. To compensate, the hydraulic distribution engine 740 may adjust the tool to a shallower depth or angle, which will accomplish reducing the soil friction and raising tool speed. This process may play out in reverse for a tool speed greater than expected, which may be adjusted by lowering the tool or setting it at a deeper angle.” – dynamic feedback is used along a tool path, thus, a first yard of performance informs the operation at a next yard).
Regarding Claim 12,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. Ready-Campbell further discloses the following limitations,
wherein the excavation by the first construction machine starts in accordance with an end of the excavation by a last construction machine of a plurality of construction machines that includes the first construction machine and the second construction machine (Paragraph [0199], “As a result, the hauling engine 820 is responsible for monitoring the dynamic position of each hauling vehicle 912 both in the coordinate space of the dig site and relative to other hauling vehicles (or other earth shaping vehicles) in the dig site and adjust the navigation and instructions of each vehicle to prevent collisions or traffic buildups between the start location and end location.” – one vehicle may go after another, after another, and so on)
Regarding Claim 13,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. Ready-Campbell further discloses the following limitations,
wherein the first construction machine performs an excavation process to carry out the excavation, a transportation process to transport excavated material from the excavation process to a discharge location, a discharge process to discharge the excavated material at the discharge location, and a redirection process to move an excavation site (Figure 9a, elements 906, excavation in an excavation area, travelling via transportation process 918 to a discharge area 916 or equivalently a discharge area 908, and element 910, for returning in a redirection process. See further, Paragraph [0170], “Examples of such self-loading hauling vehicles include, … a wheel tractor-scraper… As the excavation tool excavates earth, the operation adjustment module engine 950 instructs the excavation tool to transfer earth into a hauling tool coupled to the hauling vehicle … a hauling vehicle may navigate directly to the dig location to execute instructions for a digging routine and, subsequently, executing a hauling routine to haul earth to a fill location.”)
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ready-Campbell as applied to Claim 1 above, in view of Li (WO 2019189888 A1), previously of record, herein after referred to simply as Li.
Regarding Claim 8,
The combination of Ready-Campbell and McGuffie, as shown, teaches all the limitations of Claim 1. However, Ready-Campbell does not disclose the following limitations,
obtaining data concerning a drive of the first construction machine; and applying the data to the excavation on the following day and thereafter
However, Li, in the same field of endeavor, teaches such an application of data (Paragraph [0101], Lines 1-8, “The simulator unit 3102D can perform an operation simulation included in the work pattern of the excavator 100 based on input conditions such as an input environmental condition, work condition, and work pattern for each type. Thereby, the simulator unit 3102 can generate a work pattern. Therefore, the reinforcement learning unit 3102C performs not only reinforcement learning based on past work patterns (work pattern performance information) acquired by the information acquisition unit 3101 but also reinforcement based on information on new work patterns generated by the simulator unit 3102D.” – past work informs future work, which include work on another day and thereafter. The environmental information includes weather, Paragraph [0065], Lines 7-8, “The environmental condition performance information may include weather information.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable likelihood of success, to have modified the vehicle collaboration of Ready-Campbell with the learning process of Li, as this optimizes vehicle work (Paragraph 5, Lines 1-5, “However, in the method using the actual work data with high work quality among the past actual data, it is not possible to output the support data whose evaluation regarding a certain target index (for example, the speed of work) exceeds the past actual result. Therefore, there is room for improvement in terms of optimizing (maximizing) the evaluation related to the target index.”). Further, the combination is a simple substitution of elements yielding results which are predictable to one of ordinary skill in the art.
Regarding Claim 9,
The combination of Ready-Campbell, McGuffie, and Li, as shown, teaches all the limitations of Claim 8. Li further already teaches the following limitation,
correcting the data with an environmental condition (Paragraph [0101], Lines 1-3, “The simulator unit 3102D can perform an operation simulation included in the work pattern of the excavator 100 based on input conditions such as an input environmental condition,”)
Regarding Claim 10,
The combination of Ready-Campbell, McGuffie, and Li, as shown, teaches all the limitations of Claim 8. Li further already teaches the following limitation,
wherein the environmental condition includes weather (Paragraph [0065], Lines 7-8, “The environmental condition performance information may include weather information.”)
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Ready-Campbell and McGuffie as applied to Claim 13 above in view of official notice.
Regarding 14,
The combination of Ready Campbell and McGuffie, as shown, teaches all the limitations of Claim 13. However, Ready-Campbell does not disclose the following limitations,
wherein the first construction machine moves continuously from the excavation process to the redirection process without stopping.
However, Examiner takes official notice that a vehicle dumping may proceed without stopping. 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 Ready-Campbell with a continuous work process, as this allows for less starting and stopping, increasing a time efficiency and potentially reducing wear and tear upon a construction machine.
Regarding Claim 15,
The combination of Ready Campbell, McGuffie, and official notice, as shown, teaches all the limitations of Claim 14. Ready-Campbell further discloses the following limitations,
detecting a time for the first construction machine to perform each of the transportation process, the discharge process, and the redirection process and a movement speed of the first construction machine during each of the transportation process, the discharge process, and the redirection process (Paragraph [0181], “Based on the volume of earth to be excavated from the dig site, the volume of the excavation tool coupled to the excavation vehicle, or a combination thereof, the operation adjustment engine 950 determines an amount of time—an excavation time—for the excavation vehicle to excavate the volume of earth. Additionally, given the distance between the loading location and the dig location and the maximum velocity of the excavation vehicle, the operation adjustment engine 950 determines an amount of time—a navigation time—for the excavation vehicle to navigate from the dig location to the loading location. “ - time intervals for vehicle operation are determined. A navigation time, during multiple passes, includes afterwards a redirection process, discharging process, and accordant time intervals, as the whole of the vehicle path is planned and measured. The time interval is integrally linked to a tool speed, Paragraph [0126], “In moving the tool through the target tool path, the hydraulic distribution engine 630 measures the speed of the tool and compares it to a target speed. The target speed refers to the speed that the drive system 210 is traveling.” And Paragraph [0146], “Alternatively, if a vehicle is taking less time to complete a fill routine, the hauling engine 820 may increase the speed of each vehicle traveling to conclude the earth shaping routine more efficiently.”)
applying the moving speed, the excavation time, the time for the first construction machine to perform each of the transportation process, the discharge process, and the redirection process, and the movement speed of the first construction machine during each of the transportation process, the discharge process, and the redirection process to control of the second construction machine (Paragraph [0213], “Alternatively, the traffic management engine 1050 detects the second earth shaping vehicle 115 closing with the threshold distance of the first vehicle 115 and generates instructions to decrease the velocity of the second vehicle ..” The velocity of the vehicles is modified based on one another, to ensure routine spacing and prevent bottlenecks or collisions, Paragraph [0003], “However, in implementations in which several autonomous or semi-autonomous vehicles simultaneously perform different tasks, there exists a need for mechanisms for track the positions of each vehicle relative to other vehicles and to update each vehicle's control instructions to prevent collisions or bottlenecks in the simultaneous execution of the various earth moving tasks.” A speed and time interval are integrally linked, Paragraph [0146], “… if a vehicle is taking less time to complete a fill routine, the hauling engine 820 may increase the speed of each vehicle traveling…”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Atkinson (US 20200011034 A1), previously of record, teaches that two tractor-scrapers can perform collaborative tandem excavation including a relative speed control (Paragraph [0070]). Marsolek (US 20170205814 A1), previously of record, teaches a consistent pacing of material transportation by a fleet of vehicles (Paragraph [0111]). Liu (US 20210198866 A1), previously of record, teaches the simultaneous and coordinated operation of multiple excavators (Paragraph [0022]). Cella (US20190171187A1), previously of record, equivocates between earth-moving and other industrial systems as comprising similar coordination requirements (Paragraph [0223]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN LYNELLE FURGASON whose telephone number is (571)272-5619. The examiner can normally be reached Monday - Friday, 7:30 AM - 6 PM.
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/K.L.F./Examiner, Art Unit 3666
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