DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Final action is in reply to the application 18041786 amendment filed on 08/18/2026.
Claim 1 – 7 are withdrawn
Claim 8, 21, 23 and 27 are amended
Claim 29 - 32 are new
Claims 8, 10, 16 – 24 are elected
Claims 9, 11 – 15, 18, 19, and 22 cancelled
Claims 1 – 8, 10, 16 – 17, 20 – 21, 23 – 32 are pending
Response to arguments
The examiner states that based upon a new grounds of rejection necessitated by the applicants amendment the arguments are moot.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8, 10, 16, 17, 20, 25, 26, 29, 30 and 31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent claim 8 recites the limitation “that is free of the seat of the driver” is improper because free of the seat of the driver could be interpreted that there could be a different driver seat. Appropriate correction is requested.
Dependent claims on independent claim 8 are also further rejected for the same reason.
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.
Claim(s) 21, 23, 24, 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pubs 20200149248 – Ram-On et al. hereinafter as RAM-ON in view of US PG Pub 20170076616 – Kanade et al. hereinafter as KANADE in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH in further view of US PG pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO
Regarding Claim 21
RAM-ON discloses:
An assistance method for a construction machine, the assistance method including:
driving a working device connected to a main body and having an arm member and a distal end member connected to the arm member for performing excavation;( para. 0020 – wherein an excavator can be performing the task of digging and earth working operations, para. 0032 – an excavators arm performing site operations)
imaging the distal end member performing excavation by a drone at a predetermined altitude; ( para. 0032 – wherein a drone takes images of an excavators boom and the portion of the site. And have different images based on height of position of drone)
drone that can take images near to the unit; and ( para. 0032 – wherein a drone takes images of an excavators boom)
imaging the distal end member by using the drone and recognizing a condition of the distal end member while the drone is flying close to the distal end member.( fig. 2 movable portion of heavy machinery ( excavator), recognize condition to avoid collision of the heavy machinery with objects)
RAM-ON discloses of imaging by excavation by a drone and changing the positioning of the drone at a predetermined altitude, but does not explicitly disclose the change in positioning of the drone, KANADE disclose of a drone recognizing an obstacle and changes the altitude based upon the obstacle detection wherein in change in altitude would result in an increase or decrease of altitude, KANADE further discloses:
a drone at a predetermined altitude is lower than an altitude which the drone performs surveying ( para. 0029 – where in detecting an obstacle, the drone’s response can change drones maneuvers to change the altitude of the drone. Wherein changing to altitude can mean it can reduce the altitude as a result of an obstacle detection)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for RAM-ON’s ability to record images around a distal end member performing excavation by a drone at a predetermine altitude to be able to change the altitude of the drone as taught by KANADE. This would allow RAM-ON to perform avoidance maneuvers that avoid collision ( para. 0103 – based on detection of object, change altitude, return to base)
RAM-ON / KANADE disclose of an construction vehicle with autonomous operations, TAMASATO discloses of a construction vehicle with autonomous operations and a way to monitor the autonomous operations, TAMASATO disclose:
Flying a drone, from a take-off and landing portion of the main body toward the distal end member (Fig. 3 – landing and takeoff zone – 26 – two locations)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for RAM-ON / KANADE’s an construction vehicle with autonomous operations to be able to fly a drone from a take off and landing portion of the main body unit toward the distal end member as taught by TAMASATO. This would allow RAM-ON / KANADE as a way to determine positional information on the working machines ( para. 0015)
RAM-ON / KANADE / TAMASATO disclose of an construction vehicle with autonomous operations, WOODSWORTH discloses where in a construction vehicle does not have a seat or a cab for a driver, WOODSWORTH discloses:
wherein the construction machine is free of a seat of a driver (autonomous driven vehicle with
no cab)
It would be obvious to one having ordinary skill in the art at the time of the invention was filed for
RAM-ON / KANADE / TAMASATO’s disclosure of a construction vehicle with autonomous operations in include a construction vehicle with autonomous operations that is free of a seat of a driver as taught by
WOODSWORTH. This would allow RAM-ON / KANADE / TAMASATO to work with a bunch of sensors cameras and digital projection of the bucket for AI operation ( WOODSWORTH - page 1 and 5) Additionally it has been held that broadly providing an automatic means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over the prior art ( MPEP 2144.04, Subsection III)
Regarding Claim 23
RAM-ON / KANADE / TAMASATO / WOODSWORTH discloses claim 21:
RAM-ON discloses:
The assistance method according to claim 22, wherein an image data of the distal end member captured by the drone ( para. 0032 – discloses of a camera on drone capturing excavator distal end of excavator boom. ) is transmitted to a device different from the drone. (para. 0026 - device different from drone would be data that takes images from drone i.e. cloud)
Regarding Claim 24
RAM-ON / KANADE / TAMASATO / WOODSWORTH discloses claim 21:
The assistance method according to claim 21, wherein the distal end member is one of a
bucket, a breaker, a fork, or a ripper. ( para. 0024 – discloses of an excavator)
RAM-ON does not explicitly disclose a “bucket”. However, RAM-ON does disclose a “excavator” para. 0024. Examiner takes Official notice that excavator is known to use buckets for ground engaging operations. Therefore it would be obvious to a person having ordinary skill in the art before the effective filling date of the applicants invention that “RAM-ON” for an excavator to contain a bucket scooping up earth to move material.
Regarding Claim 27
RAM-ON / KANADE / TAMASATO / WOODSWORTH discloses claim 21:
RAM-ON / KANADE / WOODSWORTH discloses utilizing drone for taking images of site operations for an autonomous heavy machinery operation, however does not explicitly disclose of the drone takes off from a take-off and landing portion on the main body and flies toward the distal end member.
TAMASATO discloses:
27. The assistance method according to claim 21, wherein the predetermined altitude is above the take-off and landing portion. ( see figure 3, - take-off and landing zones – 16 with QR codes, para. 0022 - the drones 14 recognize images of the position marks 24Aand 24B of the take-off and landing ports 16 of the working machine 18 by means of the cameras 40 whose photographing directions are oriented directly downward, while flying above a position that has been acquired by the low-precision GNSS receiver 34 and at which the working machine 18 is predicted to exist, and above a region around the position. In this case, the drones 14 fly at heights higher than the highest section of the working machine 18. The positions and heights of the drones 14 are acquired by the high-precision GNSS receivers 12 of the drones 14. The height of the highest section of the working machine 18 is recognized in advance based on a design value of the working machine 18, the terrain data, and the like. )
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute the body of the working machine of RAM-ON / KANADE / WOODSWORTH for a predetermined altitude is above the take off and landing portion by TOMASATO. Additionally, Examiner notes that TOMASATO discloses that the operation system includes a drone having a GNSS receiver, and a working machine having a take-off and landing port and is configured so that positional information on the working machine is acquired by the GNSS receiver of the drone to be placed on the take-off and landing port. (TOMASATO – para. 0005)
Regarding Claim 28
RAM-ON / KANADE / TAMASATO / WOODSWORTH discloses claim 21:
coordinating a heavy machinery, which works with the working device based on an imaging result of the drone when adjusting a relative position between the multiple vehicles / machines. (para. 0039 – wherein the controller identifies objects and positions of objects, and machines and prevents collision and para. 0055 – where in the moving object to avoid collision and changing trajectory, para. 0032 – where in cameras located on drones are used to provide imaging results)
RAM-ON discloses of a detection system which is usable with multiple tools, of which could be combinable with multiple vehicles such as excavators and trucks. and (para. 0002 - wherein heavy machinery can include excavators and trucks) A controller for taking images with a drone can use an excavator or a truck both useable together to lends itself to an obvious system which uses both vehicles. It would obvious to one or ordinary skill in the art before the effective filling date of the applicants invention for RAM-OM for stopping a truck, which cooperates with the working device based on an imaging result of the drone when adjusting a relative position between the truck and the main body . As this would allow RAM-ON to automate the system and machinery to provide a safer and faster environment for heavy machinery to work together ( para. 0002)
Regarding Claim 32
RAM-ON / KANADE / TAMASATO / WOODSWORTH discloses claim 21:
RAM-ON / KANADE / WOODSWORTH discloses a construction vehicle with a traveling device, TAMASATO discloses of traveling the main body by a traveling device that comprises a pair of crawlers, wherein the main body is positioned between the pair of crawlers, TAMASATO discloses:
32. (New) The assistance method for the construction machine according to claim 21, further comprising: traveling the main body by a traveling device that comprises a pair of crawlers, wherein the main body is positioned between the pair of crawlers. ( Fig. 3 – wherein the body is between the outer limits of the pair of crawlers)
Claim(s) 8, 10, 16 – 17, 25, 26,29, 30 and 31 are rejected under 35 U.S.C. 103 as being unpatentable by US PG pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO in view of US PG Pub 20220194580 – Cowgill et al. hereinafter as COWGILL in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH
Regarding Claim 8
TAMASATO discloses:
8. A construction machine comprising:
a main body device that travels by a traveling device; ( see figure 2. Main body and traveling device, wherein the main body is where the objects land, wherein the traveling device are the tracks that move the vehicle)
a working device connected to the main body ( see figure 2. Main body device);
a take-off and landing portion provided on the main body where a drone is capable of taking off and landing(Fig. 3 – landing and takeoff zone – 26 – two locations), the drone including an image capturing device ( para. 0017 – where in positions marks 24A or 24B can be identified by image recognition functions by cameras of the drones),
a central control device ( para. 0021 where in instruction terminal receives terrain data of the drones)
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TAMASATO discloses of a system that has a central control for autonomous vehicles such as that would prevent collision with a drone , COWGILL discloses of monitoring earth working equipment wherein an excavator moves to an excavation place and stops the truck based on a relative position of the main body of excavator and the truck based on the images from the drone, COWGILL further discloses:
after instructing the main body to move to an excavation place, instructs a truck working with the working device to move to a dumping place near the excavation place.
stops the truck when adjusting a relative position between the main body and the truck based on an imaging result by the image capturing device of the drone * ( para. 0036 and 0041- wherein the monitoring system can determine earth working equipment and its locations as well as specific conditions with the earth working equipment – 101B based upon movement of UAV and used to avoid inadvertent crashes with existing equipment. E.g. stopping a vehicle from another obstacle)
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It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention such that TAMASATO’s ability to avoid collision with a drone, for the ability to be able to manage after instructing the main body to move to an excavation place, instructs a truck working with the working device to move to a dumping place near the excavation place, stops the truck when adjusting a relative position between the main body and the truck based on an imaging result by the image capturing device of the drone as taught by COWGILL. This would allow TAMASATO to monitoring ground engaging equipment within mining and construction to avoid inadvertent crashes with existing equipment ( para. 0008 mining and construction para. 0036, avoiding inadvertent crashes with existing ground engaging equipment)
TAMASATO disclose of an construction vehicle with autonomous operations, WOODSWORTH discloses:
- wherein the construction machine is free of a seat of a driver (autonomous driven vehicle with
no cab)
It would be obvious to one having ordinary skill in the art at the time of the invention was filed for
TAMASATO’s disclosure of a construction vehicle with autonomous operations in include a construction vehicle with autonomous operations that is free of a seat of a driver as taught by
WOODSWORTH. This would allow TAMASATO to work with a bunch of sensors cameras and digital projection of the bucket for AI operation ( WOODSWORTH - page 1 and 5) Additionally it has been held that broadly providing an automatic means to replace a manual activity which accomplishes the same result is not sufficient to distinguish over the prior art ( MPEP 2144.04, Subsection III)
Regarding Claim 10
TAMASATO / COWGILL / WOODSWORTH discloses claim 8:
TAMASATO discloses:
10. The construction machine according to claim 8, wherein a part of a power supply unit that supplies power to the unmanned flying object is provided in the take-off and landing portion. (para. 0017 - As illustrated in FIGS. 4 and 5, each of the holding sections 26 includes a round bar-shaped base 26A that is long in a vertical direction, and a disk-shaped upper end 26B coaxially mounted on an upper end of the base 26A. As schematically illustrated in FIG. 6, a power transmission device 28 for charging the drone 14 is mounted on the upper end 26B. The power transmission device 28 may use a wireless system or a wired system. As the wireless system, for example, an electromagnetic induction system, a magnetic field resonance system, or the like may be used. para. 0018. Each of the drones 14 includes a holding mechanism 38, a camera 40, rotors 42, and a leg section 44, for example, as well as the high-precision GNSS receiver 12. In the first embodiment, each of the GNSS receivers 12 is included in a respective one of the drones 14)
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Regarding Claim 16
TAMASATO / COWGILL / WOODSWORTH discloses claim 10:
TAMASATO discloses:
16. The construction machine system according to claim 10, wherein a visual recognition mark is provided on the take-off and landing portion, ( para. 0017 – As schematically illustrated in FIG. 6, a power transmission device 28 for charging the drone 14 is mounted on the upper end 26B. The power transmission device 28 may use a wireless system or a wired system. As the wireless system, for example, an electromagnetic induction system, a magnetic field resonance system, or the like may be used.) is provided in the visual recognition mark.( visual mark 16)
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Regarding Claim 17
TAMASATO / COWGILL / WOODSWORTH discloses claim 8:
TAMASATO discloses:
The construction machine system according to claim 8, wherein the central control device causes to transmit an image data captured by the image capturing device to the central control device. ( para. 0021 where in the instruction terminal 36 receives terrain data and para. 0022 wherein the drones 14 has camera 40 that transmit to instruction terminal 36)
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Regarding Claim 25
TAMASATO / COWGILL / WOODSWORTH discloses claim 8:
TAMASATO discloses:
25. The construction machine system according to claim 8, wherein the central control device causes the drone to capture images of the working device at different altitudes. ( para. 0022- wherein the drone recognizes images , drone fly at heights higher than the highest section of the working machine)
Regarding Claim 26
TAMASATO / COWGILL / WOODSWORTH discloses claim 8:
TAMASATO discloses of collision avoidance using a drone with excavators and other heavy machinery. COWGILL discloses the wherein the working device dumps an excavation object into the truck , and determines whether the truck is full with the excavation object, central control device determines tracking of object based on imaging results of the drone.( para. 0039 and 0041 – wherein the system monitors the performance of the equipment such as loads with the bucket and truck tray and operation cycles as well as fill rate for safety and efficiency)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for TAMASATO / WOODSWORTH’s operation that includes capturing images from a drone of operations of the vehicles that can complete execute and complete tasks and include tasks such as wherein the working device dumps an excavation object into the truck , and the central control device determines whether the truck is full with the excavation object as taught by COWGILL. This would allow TAMASATO to provide autonomous operations to include the operation of heavy machinery to improve overall safety and efficiency. ( para. 0039 - safety, efficacy and/or efficiency can be improved through the use of a UAV with a sensor.)
Regarding Claim 29
TAMASATO / COWGILL / WOODSWORTH discloses claim 8
TAMASATO / WOODSWORTH discloses autonomous operations, COWGILL discloses where the body of construction vehicle has a communication device ( fig. antenna)
(New) The construction machine system according to claim 8, wherein the main body comprises a first communication device ( para. 0036 - antenna 135 ) that is configured to communicate with a second communication device of the central control device( fig.8 - central control device monitoring tool 25 ), and wherein the second communication device is configured to communicate with a third communication device of the truck. ( Fig. 8 antenna 135 of truck 127)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention such that TAMASATO / WOODSWORTH’s ability to avoid collision with a drone, for the ability to be able to manage after instructing the main body to move to an excavation place, instructs a truck working with the working device to move to a dumping place near the excavation place, stops the truck when adjusting a relative position between the main body and the truck based on an imaging result by the image capturing device of the drone as taught by COWGILL. This would allow TAMASATO to monitoring ground engaging equipment within mining and construction to avoid inadvertent crashes with existing equipment ( para. 0008 mining and construction para. 0036, avoiding inadvertent crashes with existing ground engaging equipment)
Regarding Claim 30
TAMASATO / COWGILL / WOODSWORTH discloses claim 29.
COWGILL discloses the combination of the monitoring the construction operations in claim 29
(New) The construction machine system according to claim 29, wherein the drone comprises a fourth communication device( fig. 8 – drone – 125 with antenna 135) that is configured to communicate with the second communication device( fig.8 - central control device monitoring tool 25 ), and wherein the central control device instructs the drone to perform image capturing with the image capturing device through the second communication device and the fourth communication device.( para. 0042 – wherein the drone captures by camera 131) through the cloud of 142)
Regarding Claim 31
TAMASATO / COWGILL / WOODSWORTH discloses claim 8:
TAMASATO discloses:
31. (New) The construction machine system according to claim 8, wherein the traveling device comprises a pair of crawlers, and wherein the main body is positioned between the pair of crawlers. ( fig. 3 wherein the main body is positioned between the pair of crawlers)
Claim(s) 20 are rejected under 35 U.S.C. 103 as being unpatentable by US PG pubs 20200218286 – Tamasato et al. hereinafter as TAMASATO in view of US PG Pub 20220194580 – Cowgill et al. hereinafter as COWGILL in further view of NPL : HD HYUNDAI show case autonomous excavator hereinafter as WOODSWORTH in view of US PG Pub 20100183416 – Ishii et al. hereinafter as ISHII
Regarding Claim 20
TAMASATO / COWGILL / WOODSWORTH discloses claim 8:
TAMASATO discloses of a working device connected to the main body, does not disclose:
wherein working device comprises a first working device connected to the main body and a second working device connected to the main body.
TAMASATO does disclose of a single working device, ISHII disclose of more than one working device:
wherein working device comprises a first working device connected to the main body and a second working device connected to the main body.(fig. 1 double working device)
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute a single working device mechanism of TAMASATO / COWGILL / WOODSWORTH for a double working device that includes a first working device and a second working device connected to the main body by ISHII. Doing so merely constitutes the substitution of one known work device mechanism for another to produce the predictable result of more capable working device excavator (MPEP 2143, subsection I, B). Additionally, Examiner notes that ISHII discloses of having two working arms that allows users to perform some functions that would just otherwise not be possible with only one working arm (ISHII – para. 0002)
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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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