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 .
In view of the Appeal Brief filed on 11/02/2025, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/CHRISTIAN CHACE/Supervisory Patent Examiner, Art Unit 3665
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.
(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 1-6 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomita et al. (U.S. Publication No. 2020/0064144 A1) hereinafter Tomita.
Regarding claim 1, Tomita discloses a route generation system comprising:
a work vehicle that travels autonomously on a target route in a field [see Paragraph 0086 - discusses that a vehicle autonomously travels on a travel route based on travel route element set], wherein the work vehicle contains a processor dedicated for identifying any route generation mode of plurality route generation modes [see Paragraphs 0104-0112 - discusses three route generation modes, a mesh route element calculating unit 601, a rectangular route element calculating unit 602, and a U-turn route calculating unit 603 (of a route managing unit) as function units for calculating the travel route element set, see Figure 5 below - depicts the route managing unit with the route generation modes on a control unit (see processor)], in each of which the target route is generated on the basis of a reference point that is set at a predetermined location in the field [see Paragraphs 0102 - discusses setting an outer peripheral area SA and an area CA using positional coordinates (reference points) that are determined from travel trajectory data of the work vehicle , and then generating a travel route], and
for generating the target route in the identified route generation mode [see Paragraph 0086 - discusses an autonomous travel controlling unit generates autonomous travel data on the basis of the selected travel route element (see Paragraph 0104 – the travel route element is calculated the mesh route element calculating unit 601, the rectangular route element calculating unit 602, or the U-turn route calculating unit 603) and the vehicle position, so that the vehicle follows that travel route element, see Figure 5 below - depicts the autonomous travel controlling unit on the control unit (see processor)].
Regarding claim 2, Tomita discloses the invention with respect to claim 1. Tomita further discloses identifying the route generation mode that is selected by an operator from the plural route generation modes [see Paragraph 0085 - discusses that the route managing unit manages a travel route element (calculated using one of the three units (modes)) that creates a travel route based on travel pattern set to user instructions, a U-turn pattern is set by user instructions, therefore a U-turn route calculating unit is used for determining the travel route].
Regarding claim 3, Tomita discloses the invention with respect to claim 1. Tomita further discloses displaying a first screen on which a selection operation of the route generation mode is accepted from the operator [see Paragraph 0154 - discusses that travel patterns are input from a communication terminal, see Paragraph 0097 - discusses that travel patterns are input through a touch panel on a display].
Regarding claim 4, Tomita discloses the invention with respect to claim 1. Tomita further discloses setting a work mode of the work vehicle to one of a first work mode, in which autonomous travel of the work vehicle is stopped when a positioning state is lowered from a predetermined state [see Paragraph 0156 - discusses that when the work vehicle is outside of the work area (CA) that the work vehicles autonomous travel is stopped].
Regarding claim 5, Tomita discloses the invention with respect to claim 4. Tomita further discloses presenting, to an operator, the route generation mode that corresponds to the set work mode from the plural route generation modes [see Paragraph 0113 - discusses displaying the travel routes to be traveled next (that are determined based on the route managing unit)].
Regarding claim 6, Tomita discloses the invention with respect to claim 1. Tomita further discloses identifying the route generation mode from the plural route generation modes on the basis of at least one type of information on the field, the work vehicle, and a work type [see Paragraphs 0097-0102 - discusses type of crop, work type (format), and travel patterns, this information is used when generating the route, field information makes it possible to assist the circling travel for forming the outer peripheral area SA carried out by the driver].
Claims 10 and 11 are analogous to claim 1 and are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tomita.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The 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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tomita in view of Nishii (U.S. Publication No. 2020/0363811 A1) hereinafter Nishii.
Regarding claim 7, Tomita discloses the invention with respect to claim 1.
However, Tomita fails to disclose displaying a second screen, on which a setting operation to set a reference line passing through the reference point is accepted from the operator, when the route generation mode is identified; and generating the target route including the reference line that is set according to the setting operation by the operator.
Nishii discloses displaying a screen, on which a setting operation to set a reference line passing through the reference point is accepted from the operator, when the route generation mode is identified [see Paragraphs 0084-0086 - discusses a user inputs the arbitrary setting data (start point and end point) to generate a reference line (route) in an display when a command operation is received from the user after the second target route generation process is identified (via inputting the arbitrary setting data)]; and generating the target route including the reference line that is set according to the setting operation by the operator [see Paragraph 0085 - discusses that the second target route is generated on the screen when a command is received from the user].
Nishii suggests generating a target route for autonomous travel using user’s sense of value [see Paragraph 0004].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the invention as taught by Tomita to include a screen, on which a setting operation to set a reference line passing through the reference point is accepted from the operator, when the route 0084 generation mode is identified, and generating the target route including the reference line that is set according to the setting operation by the operator as taught by Nishii in order to generate a route using user’s sense of value [Nishii, see Paragraph 0004].
Response to Arguments
Applicant’s arguments, see Appeal Brief, filed 11/02/2025, with respect to claim 8 have been fully considered and are persuasive. The rejection of claim 8 has been withdrawn.
Allowable Subject Matter
Claims 8-9 and 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Shayne M Gilbertson whose telephone number is (571)272-4862. The examiner can normally be reached Tuesday - Friday: 10:30 AM - 9:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christian Chace can be reached at 571-272-4190. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAYNE M. GILBERTSON/Examiner, Art Unit 3665