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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 29, 2026 has been entered.
Response to Amendment
Applicant submitted amendments and remarks on January 29, 2026. Therein, Applicant submitted substantive arguments. Claims 1-4 have been amended. Claims 19-20 were added. No claims were cancelled.
Applicant has made adequate amendments to Claims 1-4 in order to correct the misspelling of the word “neutral” and associated grammar issues. Therefore, these objections are withdrawn.
The submitted claims are considered below.
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.
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 1-13 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Take (U.S. Patent Application Publication No. 201503157660) in view of Ono, et al. (U.S. Patent No. 11186968) and further in view of Izumi, et al. (U.S. Patent No. 11466435).
Regarding claim 1, Take teaches: An excavator comprising: a lower traveling body; (Paragraph [0027]: "...a lower traveling body (4)"
an upper turning body turnably mounted to the lower traveling body; (Paragraph [0027]: "...an upper swing body (5).")
an attachment attached to the upper turning body; (Fig. 1, Paragraph [0027]: "The hybrid excavator (1) includes a vehicle body (2), and a work unit (3). The vehicle body (2) includes a lower traveling body (4), and an upper swing body (5). The lower traveling body (4) includes a pair of travel devices (4a). The respective travel devices (4a) include crawlers (4b). The respective travel devices (4a) make the hybrid excavator (1) travel by driving the crawlers (4b) by rotationally driving a right travel hydraulic motor (34) and a left travel hydraulic motor (35) illustrated in FIG. 2." ; Paragraph [0028]: "The upper swing body (5) is provided at an upper portion of the lower traveling body (4) in a swingable manner. The upper swing body (5) includes a swing motor (23) in order to swing itself. The swing motor (23) is connected to a drive shaft of a swing machinery (24) (reducer). Rotative force of the swing motor (23) is transmitted via the swing machinery (24), the transmitted rotative force is transmitted to the upper swing body (5) via a swing pinion, a swing circle, etc. not illustrated, and swings the upper swing body (5). The swing motor (23) is an electric motor to be driven by power supplied from a generator motor (19) or a capacitor (25), but may be a hydraulic motor to be driven by hydraulic pressure. Further, according to the present embodiment, the swing motor (23) is driven to swing the upper swing body (5) as an example of the motor, but the motor may be a hydraulic pump to drive the work unit (3) or a component to drive the lower traveling body (4).")
Specifically, the attachment is "...a work unit (3)"; attachment to upper turning body is given by Paragraphs [0027] - [0028].
and a power engine mounted to the upper turning body (Fig. 2, Paragraph [0029]: "An operating room (6) is provided at the upper swing body (5). Further, the upper swing body (5) includes a fuel tank (7), a hydraulic oil tank (8), an engine room (9), and a counterweight (10). The fuel tank (7) stores fuel to drive an engine (17) as an internal-combustion engine. The hydraulic oil tank (8) stores hydraulic oil to be discharged from a hydraulic pump (18) to hydraulic devices including: hydraulic cylinders such as a boom hydraulic cylinder (14), an arm hydraulic cylinder (15), and a bucket hydraulic cylinder (16); and the hydraulic motors (hydraulic actuators) such as the right travel hydraulic motor (34) and left travel hydraulic motor (35). In the engine room (9), various kinds of devices such as the engine (17), the hydraulic pump (18), a generator motor (19), and a capacitor (25) as a storage battery are housed. The counterweight (10) is disposed behind the engine room (9).")
Specifically, the power engine is "…an engine (17)", attachment to upper turning body is given by Paragraph [0029].
Take does not teach the low-load operation by the attachment being one of a plurality of lowload operations by the attachment including a boom lowering and turning operation, a boom lowering single operation, and an operation in a soil discharging process.
In a similar field of endeavor (hydraulic working machine), Ono, et al. teaches: the low-load operation by the attachment being one of a plurality of lowload operations by the attachment including a boom lowering and turning operation, a boom lowering single operation, and an operation in a soil discharging process (Col. 21, lines 2-9: "...hydraulic actuator can be operated slowly according to the operation speed of the operation member when the operator moves slowly the operation member at the operation speed below the threshold SL. For example, when the soil shoveled in the bucket (17) is dropped downward, the bucket (17) needs to move quickly. In that case, the bucket (17) can be quickly dumped by quickly operating the operation member that operates the bucket (17) [soil discharging process]." ; Col. 13, lines 6-9: "In this manner, the first setting portion (56) of the control device (51) can set the limit value [...] the lower limit value) of the engine revolving speed for each working that can be performed by the working machine (1) [settings for overall machine containing boom - engine can be set to low load]." ; Col. 13, lines 36-39: "Accordingly, the operator operates the second switch (72b) and the third switch (72c) to determine the set value of the engine revolving speed for the boom within the setting allowable range (F1) [settings for boom - engine can be set to low load]" ; Col. 4, lines 13-24: "The working device (4) includes a boom (15), an arm (16), and a bucket (a working tool) (17). The base portion of the boom (15) is pivotally attached to the swing bracket (14) so as to be rotatable about a lateral axis (an axis extending in the machine width direction). In this manner, the boom (15) is configured to be swung up and down. The arm (16) is pivotally attached to the tip end side of the boom (15) so as to be rotatable about the lateral axis. In this manner, the arm (16) is configured to be swung back and forth or up and down. The bucket (17) is arranged on the tip end side of the arm (16) so as to be configured to perform the shoveling operation and the dumping operation [boom lowering/turning and boom lowering single operation].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Take to include the teaching of Ono, et al. based on a reasonable expectation of success and motivation to improve the control and performance of the revolving speed of an excavator engine (Ono, et al. Col. 1, lines 50-59).
The combination of Take and Ono, et al. does not teach wherein before a low-load operation by the attachment is started, a rotation speed of the power engine is reduced when an operation lever operated in a boom raising direction returns toward a neutral position during a boom raising and turning operation.
In a similar field of endeavor (hydraulic excavator with limiting controls), Izumi, et al. teaches: wherein before a low-load operation by the attachment is started, a rotation speed of the power engine is reduced when an operation lever operated in a boom raising direction returns toward a neutral position during a boom raising and turning operation (Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Col. 2, lines 42-49: "…engine control section which when a predetermined period of time has elapsed from a point in time when all the plurality of operation levers [operation lever] have attained a neutral state [returns to neutral position], performs low engine speed control to make an engine speed of the engine a low engine speed that is lower than a control engine speed [before low-load operation with respect to period of time]." ; Col. 13, lines 58-67: "Based on the signals from the sensors (52a) and (52b) and the situation determination section (62), the engine control section (63) determines whether or not a predetermined period of time has elapsed from the point in time when all the operation levers (1a), (1b), (23a), and (23b) have attained a neutral state (first determination), and, based on the situation determination section (62), determines whether or not low engine speed control (automatic idling control) [preset "low" position"] is to be executed (second determination) at a predetermined control cycle during the operation of the engine (18) [example concept - engine rotation speed reduction]").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Take and Ono, et al. to include the teaching of Izumi, et al. based on a reasonable expectation of success and motivation to improve the performance of an excavator under low engine speed control (Izumi, et al. Col. 2, lines 17-21).
Regarding claim 2, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine starts to be reduced in response to an operation amount of the operation lever falling below a threshold when the operation lever operated in the boom raising direction returns toward the neutral position during the boom raising and turning operation (Izumi, et al. Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Izumi, et al. Col. 14, lines 10-20: "…the engine control section (63) executes, when a predetermined period of time has elapsed from the point in time when, in the first determination, all the operation levers (1a), (1b), (23a), and (23b) have attained the neutral state [operation lever returns to a neutral position], the low engine speed control (automatic idling control) in which the target engine speed of the engine speed (18) is turned into a low engine speed (automatic idling engine speed) lower than the control engine speed instead of the control engine speed [rotation speed of engine is further reduced in response to dropping to neutral state below threshold; second rotation speed is low engine speed].").
Regarding claim 3, Take, Ono, et al., and Izumi, et al. remain as applied to claim 2, and in a further embodiment, teach: wherein the rotation speed of the power engine maintains a first rotation speed before the operation amount of the operation lever falls below the threshold (Izumi, et al. Col. 14, lines 14-20: "…the engine control section (63) executes, when a predetermined period of time has elapsed from the point in time when, in the first determination, all the operation levers (1a), (1b), (23a), and (23b) have attained the neutral state [operation lever returns to a neutral position], the low engine speed control (automatic idling control) in which the target engine speed of the engine speed (18) is turned into a low engine speed (automatic idling engine speed) lower than the control engine speed instead of the control engine speed [control speed represents first rotation speed achieved by engine before operation lever falls below threshold].")
and starts to be reduced from the first rotation speed to a second rotation speed in response to the operation amount of the operation lever falling below the threshold, when the operation lever operated in the boom raising direction returns toward the neutral position during the boom raising and turning operation (Izumi, et al. Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Izumi, et al. Col. 14, lines 10-20: "…the engine control section (63) executes, when a predetermined period of time has elapsed from the point in time when, in the first determination, all the operation levers (1a), (1b), (23a), and (23b) have attained the neutral state [operation lever returns to a neutral position], the low engine speed control (automatic idling control) in which the target engine speed of the engine speed (18) is turned into a low engine speed (automatic idling engine speed) lower than the control engine speed instead of the control engine speed [rotation speed of engine is further reduced in response to dropping to neutral state below threshold; second rotation speed is low engine speed].").
Regarding claim 4, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is further reduced when an operation of the operation lever for implementing the low-load operation is started after the operation lever operated in the boom raising direction returns to the neutral position (Izumi, et al. Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Izumi, et al. Col. 14, lines 10-20: "…case where the second determination is of the result that “the low engine speed control (automatic idling control) should be executed [implementation of low-load operation],” the engine control section (63) executes, when a predetermined period of time has elapsed from the point in time when, in the first determination, all the operation levers (1a), (1b), (23a), and (23b) have attained the neutral state [operation lever returns to a neutral position], the low engine speed control (automatic idling control) in which the target engine speed of the engine speed (18) is turned into a low engine speed (automatic idling engine speed) lower than the control engine speed instead of the control engine speed [rotation speed of engine is further reduced].").
Regarding claim 5, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is reduced when the operation lever operated in the boom raising direction returns toward the neutral position during the boom raising and turning operation after excavation and boom raising are performed (Izumi, et al. Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Izumi, et al. Col. 14, lines 10-20: "…the engine control section (63) executes, when a predetermined period of time has elapsed from the point in time when, in the first determination, all the operation levers (1a), (1b), (23a), and (23b) have attained the neutral state [operation lever returns to a neutral position], the low engine speed control (automatic idling control) in which the target engine speed of the engine speed (18) is turned into a low engine speed (automatic idling engine speed) lower than the control engine speed instead of the control engine speed [rotation speed of engine is further reduced].").
Regarding claim 6, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein a range of reduction in the rotation speed of the power engine is set for each target rotation speed (Take Paragraph [0064]: "Here, engine assist control by the generator motor (19) will be mainly described referring to FIG. 4. In FIG. 4, a low-speed matching control unit (C13) is included in the pump controller (C11) inside the other controllers (C1). In the low-speed matching control unit (C13), a first target engine speed calculation unit (101) calculates a first target engine speed (D1) based on a lever value signal (D11) which is a sum of an operational swing lever value, a boom lever value, an arm lever value, a bucket lever value, a right travel lever value, a left travel lever value by the operating levers (32L), (32R); and a throttle value (D12) by the throttle dial (56). The first target engine speed (D1) corresponds to intention of the operator. Further, a second target engine speed calculation unit (102) calculates a second target engine speed (D2) based on pump pressure (D13), an engine load (D14), generator output (D15), and swing output (D22). The second target engine speed (D2) is determined in accordance with the output of the engine (17) and the generator motor (19), a load of the hydraulic pump (18), and the swing output. Note that the engine load (D14) is calculated and output based on the engine speed and engine torque estimated from the fuel injection amount, engine speed, atmospheric temperature, etc. Here, the engine torque is actually measured by a torque sensor. Further, the first target engine speed calculation unit (101) and the second target engine speed calculation unit (102) may be integrated as one target engine speed calculation unit. A load of the hydraulic pump (13) is estimated from the pump pressure or, if necessary, the torque is acquired by multiplying the pump pressure by a swash plate angle of a variable displacement pump."; Take Paragraph [0084]: "By the way, according to the engine control for the excavator, there may be a case where control is executed so as to follow a droop curve (DL1) illustrated in an engine torque chart relative to the engine speed illustrated in FIG. 8. The droop curve (DL1) passes an intersection point between an equal horsepower curve EL that sets target engine output and a pump absorption torque line (PL1) that sets engine output relative to a load of the hydraulic pump (18). Note that a curve TL indicates a maximum torque curve of the engine (17)." ; Take Paragraph [0087]: "Here, a dotted line illustrated in FIG. 8 indicates an equal fuel consumption curve in which the higher the torque is, the better the fuel consumption is, and the lower the torque is, the more deteriorated fuel consumption is. Further, in the equal horsepower curve (target engine output setting line) EL that passes across the equal fuel consumption curve, the lower the engine speed is, the better the fuel consumption is. In other words, the lower the engine speed is, the better the fuel consumption is in the case of equal horsepower. More specifically, according to the above-described low-speed matching control, the fuel consumption becomes better when the matching route ML is set on the lower engine speed side because the target engine speed np is set low in the equal horsepower." ; Take Paragraph [0088]: "Meanwhile, in the case of executing the above-described low-speed matching control, a power generation amount of the generator motor (19) is reduced because the target engine speed becomes low relative to the engine rotation control using the droop curve. As a result, the voltage decrease of the capacitor voltage (D21) tends to occur. According to the assist control in the related art, useless engine assist caused by such decrease of the capacitor voltage (D21) is executed as described above, and heat balance is deteriorated." ; Take Paragraph [0089]: "However, according to the present embodiment, useless engine assist is not executed and deterioration of heat balance can be suppressed even in the case of executing such low-speed matching control." ; Take Paragraph [0090]: "(1) Hybrid excavator")
Specifically, reduction refers to "low-speed" and that the rotation speed is set as calculated by control unit (C13).
Regarding claim 7, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein a reduction in the rotation speed of the power engine is set for each level of a target rotation speed (Take Paragraph [0064]: "Here, engine assist control by the generator motor (19) will be mainly described referring to FIG. 4. In FIG. 4, a low-speed matching control unit (C13) is included in the pump controller (C11) inside the other controllers (C1). In the low-speed matching control unit (C13), a first target engine speed calculation unit (101) calculates a first target engine speed (D1) based on a lever value signal (D11) which is a sum of an operational swing lever value, a boom lever value, an arm lever value, a bucket lever value, a right travel lever value, a left travel lever value by the operating levers (32L), (32R); and a throttle value (D12) by the throttle dial (56). The first target engine speed (D1) corresponds to intention of the operator. Further, a second target engine speed calculation unit (102) calculates a second target engine speed (D2) based on pump pressure (D13), an engine load (D14), generator output (D15), and swing output (D22). The second target engine speed (D2) is determined in accordance with the output of the engine (17) and the generator motor (19), a load of the hydraulic pump (18), and the swing output. Note that the engine load (D14) is calculated and output based on the engine speed and engine torque estimated from the fuel injection amount, engine speed, atmospheric temperature, etc. Here, the engine torque is actually measured by a torque sensor. Further, the first target engine speed calculation unit (101) and the second target engine speed calculation unit (102) may be integrated as one target engine speed calculation unit. A load of the hydraulic pump (13) is estimated from the pump pressure or, if necessary, the torque is acquired by multiplying the pump pressure by a swash plate angle of a variable displacement pump."; Take Paragraph [0084]: "By the way, according to the engine control for the excavator, there may be a case where control is executed so as to follow a droop curve (DL1) illustrated in an engine torque chart relative to the engine speed illustrated in FIG. 8. The droop curve (DL1) passes an intersection point between an equal horsepower curve EL that sets target engine output and a pump absorption torque line (PL1) that sets engine output relative to a load of the hydraulic pump (18). Note that a curve TL indicates a maximum torque curve of the engine (17)." ; Take Paragraph [0087]: "Here, a dotted line illustrated in FIG. 8 indicates an equal fuel consumption curve in which the higher the torque is, the better the fuel consumption is, and the lower the torque is, the more deteriorated fuel consumption is. Further, in the equal horsepower curve (target engine output setting line) EL that passes across the equal fuel consumption curve, the lower the engine speed is, the better the fuel consumption is. In other words, the lower the engine speed is, the better the fuel consumption is in the case of equal horsepower. More specifically, according to the above-described low-speed matching control, the fuel consumption becomes better when the matching route ML is set on the lower engine speed side because the target engine speed np is set low in the equal horsepower." ; Take Paragraph [0088]: "Meanwhile, in the case of executing the above-described low-speed matching control, a power generation amount of the generator motor (19) is reduced because the target engine speed becomes low relative to the engine rotation control using the droop curve. As a result, the voltage decrease of the capacitor voltage (D21) tends to occur. According to the assist control in the related art, useless engine assist caused by such decrease of the capacitor voltage (D21) is executed as described above, and heat balance is deteriorated." ; Take Paragraph [0090]: "(1) Hybrid excavator")
Specifically, when a low-speed when a low-speed matching control is executed, the target engine speed becomes low relative to the engine rotation.
Regarding claim 8, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein a reduction in the rotation speed of the power engine is set for each work mode (Take Paragraph [0055]: "A monitoring device (30) and a key switch (31) are provided inside the operating room (6) in addition to the operating levers (32L), (32R). The monitoring device (30) is formed of a liquid crystal panel, an operating button, and so on. Further, the monitoring device (30) may be a touch panel in which a display function of the liquid crystal panel and a function of inputting various kinds of information with the operating button are integrated. The monitoring device (30) is an information input/output device having a function to notify an operator or a service man of information indicating operational states of the hybrid excavator (1) (state of engine water temperature, state of occurrence of failure in hydraulic devices, etc., or state of residual fuel amount, and so on), and further a function for an operator to execute desired setting or command issuance (setting for engine output level, setting for speed level of travel speed, etc. or command for capacitor charge releasing described later) with respect to the hybrid excavator (1).")
Specifically, the setting is done by an operator and each work mode is set based on the setting of an engine output level and a speed level of travel speed, etc.
Regarding claim 9, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is reduced after a high-load operation by the attachment is performed and before the low-load operation of the attachment is started (Take Paragraph [0083]: “(Low-Speed Matching Control)”; Take Paragraph [0084]: "By the way, according to the engine control for the excavator, there may be a case where control is executed so as to follow a droop curve (DL1) illustrated in an engine torque chart relative to the engine speed illustrated in FIG. 8. The droop curve (DL1) passes an intersection point between an equal horsepower curve EL that sets target engine output and a pump absorption torque line (PL1) that sets engine output relative to a load of the hydraulic pump (18). Note that a curve TL indicates a maximum torque curve of the engine (17)."; Take Paragraph [0085]: "In contrast, in the low-speed matching control unit (C13) disposed inside the pump controller (C11), a matching route ML that preliminarily sets a target matching point passing an area having good fuel efficiency when the engine speed becomes high due to increase of the engine output is specified. Note that the matching route ML is set considering the load of the hydraulic pump (18), loads of auxiliary machines, and output of the generator motor (23). Meanwhile, the pump absorption torque line in the case of considering only the load of the hydraulic pump (13) is set as (PL1) and (PL2) so as to be shifted to a higher rotation side. The low-speed matching control unit (C13) calculates a target engine speed np and the target engine output for engine control based on the operating amounts of the levers, engine load, load of the hydraulic pump, and the output states of the generator motor and the swing motor, thereby acquiring a target matching point MP on the matching route ML. The low-speed matching control unit (C13) may be disposed inside the hybrid controller (C2)". ; Take Paragraph [0086]: "Further, the low-speed matching control unit (C13) shifts the pump absorption torque line (PL1) to the pump absorption torque line (PL2) in accordance with, for example, the load state of the hydraulic pump (18), more specifically, when the load state is decreased. Then, the engine speed is raised along the equal horsepower line EL in which the engine output is kept constant relative to increase of the engine speed. In this manner, the pump absorption torque line (PL2) and the equal horsepower curve EL are matched at the intersection point (MP2), thereby achieving an engine speed np2 lower than an engine speed np1. More specifically, the target engine speed np in the target matching point MP, namely, the intersection with the equal horsepower curve EL, is shifted to a lower engine speed side. Note that the target engine output can be acquired from an intersection point between the droop curve (DL1) and the pump absorption torque line (PL1) besides the equal horsepower curve (target engine output setting line) EL." ; Take Paragraph [0087]: "Here, a dotted line illustrated in FIG. 8 indicates an equal fuel consumption curve in which the higher the torque is, the better the fuel consumption is, and the lower the torque is, the more deteriorated fuel consumption is. Further, in the equal horsepower curve (target engine output setting line) EL that passes across the equal fuel consumption curve, the lower the engine speed is, the better the fuel consumption is. In other words, the lower the engine speed is, the better the fuel consumption is in the case of equal horsepower. More specifically, according to the above-described low-speed matching control, the fuel consumption becomes better when the matching route ML is set on the lower engine speed side because the target engine speed np is set low in the equal horsepower.")
Specifically, reduction refers to "low-speed" and that "high-load operation" refers to high engine output torque.
Regarding claim 10, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is reduced to be lower than the rotation speed of the power engine before a high-load operation by the attachment is started (Take Paragraph [0083]: “(Low-Speed Matching Control)” ; Take Paragraph [0084]: "By the way, according to the engine control for the excavator, there may be a case where control is executed so as to follow a droop curve (DL1) illustrated in an engine torque chart relative to the engine speed illustrated in FIG. 8. The droop curve (DL1) passes an intersection point between an equal horsepower curve EL that sets target engine output and a pump absorption torque line (PL1) that sets engine output relative to a load of the hydraulic pump (18). Note that a curve TL indicates a maximum torque curve of the engine (17)." ; Take Paragraph [0085]: "In contrast, in the low-speed matching control unit (C13) disposed inside the pump controller (C11), a matching route ML that preliminarily sets a target matching point passing an area having good fuel efficiency when the engine speed becomes high due to increase of the engine output is specified. Note that the matching route ML is set considering the load of the hydraulic pump (18), loads of auxiliary machines, and output of the generator motor (23). Meanwhile, the pump absorption torque line in the case of considering only the load of the hydraulic pump (13) is set as PL1 and PL2 so as to be shifted to a higher rotation side. The low-speed matching control unit (C13) calculates a target engine speed np and the target engine output for engine control based on the operating amounts of the levers, engine load, load of the hydraulic pump, and the output states of the generator motor and the swing motor, thereby acquiring a target matching point MP on the matching route ML. The low-speed matching control unit (C13) may be disposed inside the hybrid controller (C2)". ; Take Paragraph [0086]: "Further, the low-speed matching control unit (C13) shifts the pump absorption torque line (PL1) to the pump absorption torque line (PL2) in accordance with, for example, the load state of the hydraulic pump (18), more specifically, when the load state is decreased. Then, the engine speed is raised along the equal horsepower line EL in which the engine output is kept constant relative to increase of the engine speed. In this manner, the pump absorption torque line (PL2) and the equal horsepower curve EL are matched at the intersection point (MP2), thereby achieving an engine speed np2 lower than an engine speed np1. More specifically, the target engine speed np in the target matching point MP, namely, the intersection with the equal horsepower curve EL, is shifted to a lower engine speed side. Note that the target engine output can be acquired from an intersection point between the droop curve (DL1) and the pump absorption torque line (PL1) besides the equal horsepower curve (target engine output setting line) EL." ; Take Paragraph [0087]: "Here, a dotted line illustrated in FIG. 8 indicates an equal fuel consumption curve in which the higher the torque is, the better the fuel consumption is, and the lower the torque is, the more deteriorated fuel consumption is. Further, in the equal horsepower curve (target engine output setting line) EL that passes across the equal fuel consumption curve, the lower the engine speed is, the better the fuel consumption is. In other words, the lower the engine speed is, the better the fuel consumption is in the case of equal horsepower. More specifically, according to the above-described low-speed matching control, the fuel consumption becomes better when the matching route ML is set on the lower engine speed side because the target engine speed np is set low in the equal horsepower.")
Specifically, reduction refers to "low-speed" and that "high-load operation" refers to high engine output torque.
Regarding claim 11, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is reduced to be lower than a target rotation speed that is manually set (Take Paragraph [0055]: "A monitoring device (30) and a key switch (31) are provided inside the operating room (6) in addition to the operating levers (32L), (32R). The monitoring device (30) is formed of a liquid crystal panel, an operating button, and so on. Further, the monitoring device (30) may be a touch panel in which a display function of the liquid crystal panel and a function of inputting various kinds of information with the operating button are integrated. The monitoring device (30) is an information input/output device having a function to notify an operator or a service man of information indicating operational states of the hybrid excavator (1) (state of engine water temperature, state of occurrence of failure in hydraulic devices, etc., or state of residual fuel amount, and so on), and further a function for an operator to execute desired setting or command issuance (setting for engine output level, setting for speed level of travel speed, etc. or command for capacitor charge releasing described later) with respect to the hybrid excavator (1).")
Specifically, monitoring device (30) may be a touch panel having a function of inputting various kinds of information – a function for an operator to execute desired setting or command.
Regarding claim 12, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein a reduction in the rotation speed of the power engine increases as a target rotation speed that is manually set increases (Take Paragraph [0055]: "A monitoring device (30) and a key switch (31) are provided inside the operating room (6) in addition to the operating levers (32L), (32R). The monitoring device (30) is formed of a liquid crystal panel, an operating button, and so on. Further, the monitoring device (30) may be a touch panel in which a display function of the liquid crystal panel and a function of inputting various kinds of information with the operating button are integrated. The monitoring device (30) is an information input/output device having a function to notify an operator or a service man of information indicating operational states of the hybrid excavator (1) (state of engine water temperature, state of occurrence of failure in hydraulic devices, etc., or state of residual fuel amount, and so on), and further a function for an operator to execute desired setting or command issuance (setting for engine output level, setting for speed level of travel speed, etc. or command for capacitor charge releasing described later) with respect to the hybrid excavator (1).")
Specifically, the setting is set by an operator, such as the setting for an engine output level, a setting for the speed level of travel speed, etc.
Regarding claim 13, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the reduced rotation speed of the power engine is returned to an original rotation speed after the low-load operation by the attachment is performed (Take Paragraph [0064]: "Here, engine assist control by the generator motor (19) will be mainly described referring to FIG. 4. In FIG. 4, a low-speed matching control unit (C13) is included in the pump controller (C11) inside the other controllers (C1). In the low-speed matching control unit (C13), a first target engine speed calculation unit (101) calculates a first target engine speed (D1) based on a lever value signal (D11) which is a sum of an operational swing lever value, a boom lever value, an arm lever value, a bucket lever value, a right travel lever value, a left travel lever value by the operating levers (32L), (32R); and a throttle value (D12) by the throttle dial (56). The first target engine speed (D1) corresponds to intention of the operator. Further, a second target engine speed calculation unit (102) calculates a second target engine speed (D2) based on pump pressure (D13), an engine load (D14), generator output (D15), and swing output (D22). The second target engine speed (D2) is determined in accordance with the output of the engine (17) and the generator motor (19), a load of the hydraulic pump (18), and the swing output. Note that the engine load (D14) is calculated and output based on the engine speed and engine torque estimated from the fuel injection amount, engine speed, atmospheric temperature, etc. Here, the engine torque is actually measured by a torque sensor. Further, the first target engine speed calculation unit (101) and the second target engine speed calculation unit (102) may be integrated as one target engine speed calculation unit. A load of the hydraulic pump (13) is estimated from the pump pressure or, if necessary, the torque is acquired by multiplying the pump pressure by a swash plate angle of a variable displacement pump.")
Specifically, the rotation speed of the power engine is returned by the matching control unit (C13) and the low-load level operation by the attachment is performed by the boom/arm lever.
Regarding claim 15, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is gradually reduced from a current value to a preset value when the operation lever operated in the boom raising direction returns toward the neutral position while the attachment is in operation during the boom raising and turning operation before the low-load operation by the attachment is started (Izumi, et al. Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Izumi, et al. Col. 2, lines 42-49: "…engine control section which when a predetermined period of time has elapsed from a point in time when all the plurality of operation levers [operation lever] have attained a neutral state [returns to neutral position], performs low engine speed control to make an engine speed of the engine a low engine speed that is lower than a control engine speed [before low-load operation with respect to period of time]." ; Izumi, et al. Col. 13, lines 58-67: "Based on the signals from the sensors (52a) and (52b) and the situation determination section (62), the engine control section (63) determines whether or not a predetermined period of time has elapsed from the point in time when all the operation levers (1a), (1b), (23a), and (23b) have attained a neutral state (first determination), and, based on the situation determination section (62), determines whether or not low engine speed control (automatic idling control) [preset "low" position] is to be executed (second determination) at a predetermined control cycle during the operation of the engine (18) [example concept - engine rotation speed reduction]").
Regarding claim 16, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the low-load operation by the attachment is expected to be performed when the operation lever operated in the boom raising direction returns toward the neutral position during the boom raising and turning operation (Izumi, et al. Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Izumi, et al. Col. 1, lines 60-65: "…during the finishing operation by the hydraulic excavator, the operation is interrupted with the bucket toe situated in the vicinity of the target surface, and there continues a state for a predetermined time in which all the operation levers are neutral, the low engine speed control is started [low-load operation by attachment is started when operation lever is neutral].").
Regarding claim 17, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is reduced after an operation of the operation lever for moving the attachment is performed with the lower traveling body being stationary (Ono, et al. Col. 8, lines 33-36: "…switching portion (54) has a first state (an integrated control mode) in which the engine revolving speed is […] decreased" ; Ono, et al. Col. 4, lines 7-12: "…machine body (2) [lower traveling body] has a support bracket (13) at a front portion slightly rightward from the center in the machine width direction. A swing bracket (14) is attached to the support bracket (13) so as to be swingable about the vertical axis. The working device (4) is attached to the swing bracket (14) [stationary - moving of attachment].")
and before the low-load operation by the attachment is started, the operation of the operation lever for moving the attachment being a boom raising operation, an arm closing operation, or an end attachment closing operation (Ono, et al. Col. 15, line 66 to Col. 16, lines 1-3: "…revolving speed controller portion (55B) increases or decreases the revolving speed of the engine based on the operating extents of the operation members before the hydraulic controller portion (53) controls the hydraulic pump [before operation is started]." ; Ono, et al. Col. 16, line 65 to Col. 17, lines 1-7: "…when the work operating member is operated in the direction in which the arm is raised, the revolving controller portion (55B) refers to the control line L corresponding to the operation direction of the work operating member that operates the arm, the engine revolving speed (the target engine revolving speed) is obtained from the control line L and the operation amount of the work operating member, and the engine revolving speed (the target engine revolving speed) is output to the control device (52) [boom is raised].").
Regarding claim 18, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein the rotation speed of the power engine is reduced from a predetermined value before the low-load operation by the attachment is started, (Ono, et al. Col. 12, lines 12-18: "…FIG. 3A, the first setting portion (56) of the control device (51) displays a setting screen (M1) on the display portion (71) of the display device (70) when a predetermined operation is performed in the operating portion (72) [predetermined value]. The setting screen (M1) is a screen used to limit the engine revolving speed for each hydraulic actuator (each hydraulic attachment) [limits engine rotation speed before operation is started].")
and is kept lower than the predetermined value for a period longer than a period of the low-load operation (Ono, et al. Col. 19, line 62 to Col. 20, lines 1-5: "…the speed calculator portion (81) calculates the operation speed (the change of the operating extent per predetermined time) based on the operation signal (the operating extent) inputted from the operation member to the control device (51) (step (S10)) [review of rotation speed with respect to predetermined value] [...] the operation position (or an operation angle) of the operation member is sampled every predetermined time (for example, every 0.5 msec), and the operation speed is calculated based on the sampling result for the predetermined time [period of time]." ; Ono, et al. Col. 20, lines 39-42: "…when the operation speed is less than the predetermined threshold SL (step (S11), No), the controller portion (82) outputs the first current instead of the second current [kept lower than predetermined value for additional period]").
Regarding claim 19, Take, Ono, et al., and Izumi, et al. remain as applied to claim 1, and in a further embodiment, teach: The excavator according to claim 1, wherein before the low-load operation by the attachment is started, the rotation speed of the power engine is reduced while the operation lever operated in the boom raising direction is returning toward the neutral position during the boom raising and turning operation (Col. 1, lines 52-54: "…hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Col. 2, lines 42-49: "…engine control section which when a predetermined period of time has elapsed from a point in time when all the plurality of operation levers [operation lever] have attained a neutral state [returns to neutral position], performs low engine speed control to make an engine speed of the engine a low engine speed that is lower than a control engine speed [before low-load operation with respect to period of time]." ; Col. 13, lines 58-67: "Based on the signals from the sensors (52a) and (52b) and the situation determination section (62), the engine control section (63) determines whether or not a predetermined period of time has elapsed from the point in time when all the operation levers (1a), (1b), (23a), and (23b) have attained a neutral state (first determination), and, based on the situation determination section (62), determines whether or not low engine speed control (automatic idling control) [preset "low" position"] is to be executed (second determination) at a predetermined control cycle during the operation of the engine (18) [example concept - engine rotation speed reduction]").
Regarding claim 20, Take, Ono, et al., and Izumi, et al. remains as applied to claim 1, and in a further embodiment, Ono, et al. teaches: before the operation lever operated (Col. 12, lines 12-18: "…FIG. 3A, the first setting portion (56) of the control device (51) displays a setting screen (M1) on the display portion (71) of the display device (70) when a predetermined operation is performed in the operating portion (72) [predetermined value]. The setting screen (M1) is a screen used to limit the engine revolving speed for each hydraulic actuator (each hydraulic attachment) [limits engine rotation speed before operation is started].").
Ono, et al. does not teach wherein before the low-load operation by the attachment is started, the rotation speed of the power engine is reduced in the boom raising direction reaches the neutral position after the operation lever operated in the boom raising direction starts to return toward the neutral position during the boom raising and turning operation.
In a similar field of endeavor (hydraulic excavator with limiting controls), Izumi, et al. teaches: wherein before the low-load operation by the attachment is started, the rotation speed of the power engine is reduced in the boom raising direction reaches the neutral position after the operation lever operated in the boom raising direction starts to return toward the neutral position during the boom raising and turning operation (Col. 1, lines 52-54: In this hydraulic excavator, the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation [boom raising and turning operation]" ; Col. 2, lines 42-49: "The controller is equipped with an engine control section which when a predetermined period of time has elapsed from a point in time when all the plurality of operation levers [operation lever] have attained a neutral state [returns to neutral position], performs low engine speed control to make an engine speed of the engine a low engine speed that is lower than a control engine speed [before low-load operation with respect to period of time]." ; Col. 13, lines 58-67: "Based on the signals from the sensors (52a) and (52b) and the situation determination section (62), the engine control section (63) determines whether or not a predetermined period of time has elapsed from the point in time when all the operation levers (1a), (1b), (23a), and (23b) have attained a neutral state (first determination), and, based on the situation determination section (62), determines whether or not low engine speed control (automatic idling control) [preset "low" position"] is to be executed (second determination) at a predetermined control cycle during the operation of the engine (18) [example concept - engine rotation speed reduction]").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Take and Ono, et al. to include the teaching of Izumi, et al. based on a reasonable expectation of success and motivation to improve the performance of an excavator under low engine speed control (Izumi, et al. Col. 2, lines 17-21).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Take (U.S. Patent Application Publication No. 201503157660), Ono, et al. (U.S. Patent No. 11186968), and Izumi, et al. (U.S. Patent No. 11466435) in view of Caplis, et al. (U.S. Patent No. 469892).
Regarding claim 14, the combination of Take, Ono, et al., and Izumi, et al. does not teach the excavator according to claim 1, wherein the excavator is of a remote operation type.
In a similar field of endeavor (remote hydraulic excavator assembly), Caplis, et al. teaches: The excavator according to claim 1, wherein the excavator is of a remote operation type (Col. 1, lines 47-54: "The base frame includes hydraulic pumps to provide hydraulic fluid to operatively position the articulated arms and the bucket, and to drive the compactor. The excavator includes a cab mounted on the base frame and controls positioned therein for remote operation of the compactor from within the cab. The compactor-bucket of the present invention may be pivotally attached to an excavator of conventional design, such as a backhoe." ; Col. 2, line 63 to Col. 3, line 4: "Hoses and tubes (28) are used to transfer the hydraulic oil from the main backhoe pumps (29) to the motor of the drive unit portion (22A) of the vibrating compaction unit (22). These hoses and tubes are attached to the articulating arms of the backhoe by a clamping system as necessary. Upstream from the hoses and tubes a main control valve, shown schematically by reference numeral (30) in FIG. 2, is installed on the backhoe. This control valve can be either a manual or remote type whichever is preferred by the operator of the backhoe." ; Col. 6, lines 1-3: "a bucket pivotally secured to a remote end of said second arm, said bucket having an opening in one wall thereof").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Take, Ono, et al., and Izumi, et al. to include the teaching of Caplis, et al. based on a reasonable expectation of success and motivation to improve the process of allowing for operator preferences in manipulating the excavator (Caplis, et al. (Col. 1, line 66 to Col. 2, lines 1-5).
Response to Arguments
Applicant's arguments filed on January 29, 2026 have been fully considered but they are not persuasive.
Applicant asserted that claim 1 was patentable over Take (U.S. Patent Application Publication No. 20150315766) in view of Ono, et al. (U.S. Patent No. 11186968) and further in view of Izumi, et al. (U.S. Patent No. 11466435) because the references did not meet the claim limitation “wherein before a low-load operation by the attachment is started, a rotation speed of the power engine is reduced when an operation lever operated in a boom raising direction returns toward a neutral position during a boom raising and turning operation”. The examiner disagrees. In Izumi, et al., a boom and turning operation is executed through the process of “…the forcible boom raising operation due to area limiting control is added as appropriate to the arm crowding operation” (Col. 1, lines 52-54). As part of this procedure, a controller of the machine determines first if “…a predetermined period of time has elapsed from a point in time when all the plurality of operation levers have attained a neutral state”, and then the machine creates an adjustment of “…low engine speed control to make an engine speed of the engine a low engine speed that is lower than a control engine speed (Col. 2, lines 42-49). This aforementioned procedure is reiterated in the example stated in Col. 13, lines 58-67, in which “…the engine control section (63) determines whether or not a predetermined period of time has elapsed from the point in time when all the operation levers (1a), (1b), (23a), and (23b) have attained a neutral state (first determination), and, based on the situation determination section (62), determines whether or not low engine speed control (automatic idling control) is to be executed”. Subsequently, it would have been obvious to combine Izumi, et al. with Take and Ono, et al. because Take teaches an excavator with an upper turning body and an attached power engine (Paragraphs [0027] – [0029]) and Ono, et al. teaches a plurality of low-load operations by the excavator attachment (Col. 21, lines 2-9, Col. 13, lines 6-9, Col. 13, lines 36-39, and Col. 4, lines 13-24).
Therefore, it be concluded that since the combination of Take, Ono, et al., and Izumi, et al. reads on the claim limitation “wherein before a low-load operation by the attachment is started, a rotation speed of the power engine is reduced when an operation lever operated in a boom raising direction returns toward a neutral position during a boom raising and turning operation”, as stated in claim 1, the arguments presented by the Applicant are not persuasive, and the rejection is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shirao, et al. (U.S. Patent Application Publication No. 20110308879) teaches a construction vehicle that is designed such that when a specific first condition is met for vehicle speed, accelerator opening, engine speed, and (hydro-static transmission) HST pressure, the engine absorption torque curve of an HST pump is switched to shift the matching point from the low-engine speed side to the high-engine speed side.
Applicant is considered to have implicit knowledge of the entire disclosure once a reference has been cited. Therefore, any previously cited figures, columns and lines should not be considered to limit the references in any way. The entire reference must be taken as a whole; accordingly, the Examiner contends that the art supports the rejection of the claims and the rejection is maintained.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TORRENCE S MARUNDA II whose telephone number is (571)272-5172. The examiner can normally be reached Monday-Friday 8:00-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANGELA Y ORTIZ can be reached at 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TORRENCE S MARUNDA II/ Examiner, Art Unit 3663
/ANGELA Y ORTIZ/Supervisory Patent Examiner, Art Unit 3663
Prosecution Insights