DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see pages 15-16 of Remarks, filed on 07/17/2025, with respect to the rejection of claims 1-7, 10-11, 15-16, 18, 22-23, 28, 31, 35-36, 38 and 61 under 35 U.S.C. 102(a)(1) have been fully considered and are not persuasive.
Applicant argues “Gauger fails to disclose a vehicle system comprising a controller configured to (or a method comprising to) determine, for each one of the one or more detection subsystems, an operating status of the detection subsystem based on whether the detection subsystem has detected proximity of the personnel identifier system and has received the identification from the personnel identifier system, and to control an operation of the mining vehicle based on the determined operating status of each one of the one or more detection subsystems”. In response to applicant’s argument, Gauger does disclose a vehicle system comprising a controller configured to (or a method comprising to) determine, for each one of the one or more detection subsystems (para. 0034-0035, monitoring component 110, para. 0037, tag sensing subsystem 302), an operating status of the detection subsystem based on whether the detection subsystem has detected proximity of the personnel identifier system and has received the identification from the personnel identifier system (para. 0034-0035, entry into a zone, name of person), and to control an operation of the mining vehicle based on the determined operating status of each one of the one or more detection subsystems (para. 0034, 0058-0059, 0070, 0073).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7, 10-11, 15-16, 18, 22-23, 28, 31, 35, 38 and 61 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gauger et al. (US 2014/0159888 A1).
As to claims 1, 38 and 61, Gauger discloses a vehicle, the mining vehicle collision avoidance system comprising: a personnel identifier system that is wearable (para. 0020, 0033), the personnel identifier system being configured to transmit an identification of the personnel identifier system (para. 0035, 0037-0044); a vehicle system associated with a mining vehicle, comprising: one or more detection subsystems (para. 0034-0035, monitoring component 110, para. 0037, tag sensing subsystem 302), each one of the one or more detection subsystems including a wireless communication subsystem configured to determine a proximity of the personnel identifier system and to receive the identification of the personnel identifier system from the personnel identifier system (para. 0034-0035, entry into a zone, name of person); a memory (para. 0136-0137); and a controller (para. 0224) configured to, when executing instructions stored in the memory, determine, for each one of the one or more detection subsystems, an operating status of the detection subsystem based on whether the detection subsystem has detected proximity of the personnel identifier system and has received the identification from the personnel identifier system (para. 0034-0035, entry into a zone, name of person); and control an operation of the mining vehicle based on the determined operating status of each one of the one or more detection subsystems (para. 0034, 0058-0059, 0070, 0073).
As to claim 2, Gauger further discloses wherein detecting proximity of the personnel identifier system is based on the identification of the personnel identifier system (para. 0033-0035).
As to claim 3, Gauger further discloses wherein, for each one of the one or more detection subsystems, the controller is configured to: determine the operating status of the detection subsystem as approved for operation when the personnel identifier system is detected within a first threshold proximity (para. 0109-0113, out of range function).
As to claim 4, Gauger further discloses wherein, for each of the one or more detection subsystems, the controller is configured to: determine the operating status of the detection subsystem as approved for operation when the personnel identifier system is further detected within a second threshold proximity, the second threshold proximity being less than the first threshold proximity (para. 0084, 0098, 0111, 0168).
As to claim 5, Gauger further discloses wherein each of the one or more detection subsystems further comprises a lighting subsystem that includes a light output, wherein the controller is configured to activate the light output of the lighting subsystem of the detection subsystem when the determined operating status of the detection subsystem is approved for operation (para. 0034, 0058, 0070, 0073).
As to claim 6, Gauger further discloses wherein each of the one or more detection subsystems further comprises a lighting subsystem that includes a variable light output, the variable light output, wherein the controller is configured to activate the variable light output of the lighting subsystem of the detection subsystem based on the determined operating status of the detection subsystem (para. 0070-0073).
As to claim 7, Gauger further discloses wherein, for each of the one or more detection subsystems, the controller is configured to activate the variable light output of the lighting subsystem to a first light output when the personnel identifier system is detected within a first threshold proximity of the detection subsystem and activate the variable light output of the lighting subsystem of the detection subsystem to a second light output that is different from the first light output when the personnel identifier system is detected within a second threshold proximity of the detection subsystem, the second threshold proximity being less than the first threshold proximity (para. 0070-0073, 0201-0203).
As to claim 10, Gauger further discloses wherein, for each of the one or more detection subsystems, the controller is configured to determine the operating status of the detection subsystem as not approved for operation when the personnel identifier system is detected outside a first threshold proximity of the detection subsystem (para. 0073, 0109-0111).
As to claim 11, Gauger further discloses wherein the controller is configured to determine the operating status of each one of the one or more detection subsystems further based on a detection sequence amongst the detection subsystems (para. 0110).
As to claim 15, Gauger further discloses wherein, for each of the one or more detection subsystems, the controller is configured to: determine the operating status of the detection subsystem to be approved for operation when the detection subsystem detects proximity of the personnel identifier system at or within a predetermined distance for an amount of time exceeding an inspection time threshold (para. 0038, 0096-0103, 0108).
As to claim 16, Gauger further discloses wherein, for each one of the one or more detection subsystems, the controller is configured to determine the amount of time that the personnel identifier system is at or within the predetermined distance (para. 0038, 0096-0103, 0108).
As to claim 18, Gauger further discloses wherein the controller is configured to: determine, based on a determination of the proximity of the personnel identifier system to each one of the one or more detection systems, a displacement path of the personnel identifier system relative to the vehicle system; and determine, for each one of the one or more detection subsystems, an operating status of the detection subsystem further based on the displacement path (para. 0066-0069, 0115).
As to claim 22, Gauger further discloses wherein the controller is configured to, when controlling an operation of the mining vehicle based on the determined operating status of each one of the one or more detection subsystems, enable engine start-up when the determined operating status of each one of the one or more detection subsystems is approved for operation (para. 0009, 0076).
As to claim 23, Gauger further discloses wherein, for at least one or more detection subsystems, the controller is configured to determine the operating status of the detection subsystem as not approved for operation when the detection subsystem fails to detect proximity of the personnel identifier system and/or to receive the identification from the personnel identifier system (para. 0073-0076, 0084, 0097-0098, 0111-0112).
As to claim 28, Gauger further discloses wherein the controller is configured to: determine an identification of an authorized operator of the mining vehicle; and when controlling an operation of the mining vehicle based on the determined operating status of each one of the one or more detection subsystems, enable engine start-up when the determined operating status of each one of the one or more detection subsystems is approved for operation and the identification received from the personnel identifier system matches the identification of the authorized operator (para. 0076, 0083-0104).
As to claim 31, Gauger further discloses wherein the determining of the proximity of the personnel identifier system is performed through each respective wireless communication subsystem using time-of-flight to the personnel identifier system (para. 0038).
As to claim 35, Gauger further discloses wherein the one or more detection subsystems is configured to determine the proximity of the personnel identifier system and to receive the identification of the personnel identifier system from the personnel identifier system using a wireless communication protocol (para. 0038-0039, 0042).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ce Li Li whose telephone number is (571)270-5564. The examiner can normally be reached M-F, 10AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter D Nolan can be reached on 571-270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CE LI . LI
Examiner
Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
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