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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed on 03/24/2023, 07/27/2023, 09/20/2024, and 10/07/2024, 06/16/2025, 09/04/2025, and 04/16/2026 have been acknowledged.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2022-053447, filed on 03/29/2022.
Status of Application
Claims 1-2 are pending.
Claim 1 is the independent claims.
Claim 1 have been amended.
This Final Office Action is in response to the “Amendments and Remarks” received on 03/19/2026.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Masataka (JP2020164316A) in view of Takehiro (CA3159403A1), further in view of US20150274139A1 to Okada et. al. (“Okada”) and AU2013294752A1 (“Paulson”)
Regarding claim 1, Masataka teaches an industrial vehicle comprising (Masataka Fig 1):
an object detector that includes at least one of a Laser Imaging Detection and Ranging (LIDAR), a millimeter wave radar, a fish-eye camera, a monocular camera, a Time of Flight (ToF) camera, and a stereo camera (Masataka “The monitoring device SS includes an object detection unit 30, a proximity camera 51, and a warning device 61. The object detection unit 30 includes a stereo camera 31 and an object detection device 41 that detects an object from an image captured by the stereo camera 31.”) configured to obtain an image of a notification area that is in a drive path of the industrial vehicle (Masataka Fig. 1 and [0025] "The object detection unit 30 and the proximity camera 51 are provided as separate bodies, and both are connected by the connection between the first connector 34 and the second connector 52. The object detection device 41 detects an object from the image of the stereo camera 31 if the proximity camera 51 is not connected, and detects the object from the image of the stereo camera 31 if the proximity camera 51 is connected. A moving object is detected from the near image of the near camera 51. That is, the detection of moving objects by providing the proximity camera 51 is provided as an extended function of the monitoring device SS.");
a notification unit including at least one of a buzzer that performs a notification with sound, a lamp that performs a notification with light, and a display device that provides a notification with a display (Masataka "warning device" Fig. 2 ref. 61 “The warning device 61 is a device that gives a warning by sound, light, or the like.”);
and at least one processor configured to execute a program stored in a memory, wherein the at least one processor is configured to (Masataka “processors operating according to a computer program, one or more dedicated hardware circuits such as an ASIC, or a circuit including a combination thereof. The processor includes a CPU and memories such as RAM and ROM."):
detect an object in the notification area based on the image (Masataka “As shown in FIG. 7, in step S4, the object detection device 41 determines whether or not a moving object exists in the imaging range A1 of the nearby camera 51.”);
Masataka does not teach
a direction sensor that detects an operation direction of a direction lever, wherein the direction sensor detects whether the direction lever is operated in a direction indicating forward travel or a direction indicating rearward travel with respect to a neutral position as a reference position;
control the notification unit to operate in a prior notification state, a non-notification state, and a regular notification state, wherein the regular notification state performs louder or more frequent notifications to the operator than the prior notification state, and
the non-notification state stops performing notification by the notification unit,
control the notification unit to operate in the prior notification state so as to permit the notification by the notification unit when all of the following conditions are satisfied: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, and (iii) the detector detects the parking brake is not activated,
control the notification unit to transition from the prior notification state to the non-notification state when at least one of the following conditions changes from being satisfied to not being satisfied: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, and (iii) the parking brake is not activated,
control the notification unit to transition from the prior notification state to the regular notification state when all of the following conditions are satisfied while the notification unit is in the prior notification state: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, (iii) the direction sensor detects the direction lever is operated in the direction indicating rearward travel, and (iv) an accelerator of the industrial vehicle is ON, and
control the notification unit to transition from the regular notification state to the non-notification state when (i) the accelerator of the industrial vehicle is OFF, and at least one of the following conditions is no longer satisfied: (ii) the object is present in the notification area, (iii) the direction sensor detects the direction lever is operated in the direction indicating rearward travel, and (iv) the parking brake is not activated.
However, Takehiro teaches:
a direction sensor that detects an operation direction of a direction lever (Takehiro ref 35 “direction sensor”), wherein the direction sensor detects whether the direction lever is operated in a direction indicating forward travel or a direction indicating rearward travel with respect to a neutral position as a reference position (Takehiro [0025] “The direction sensor 35 detects an operation direction of a direction lever 25 17 instructing a traveling direction. The direction sensor 35 detects whether the direction lever 17 is operated in a direction indicating a forward travel or a direction indicating a reverse travel, with respect to a neutral as a reference position.”);
control the notification unit to operate in a prior notification state (Takehiro [0057] "the main controller 31 is shifted from the normal control state S10 to the travel start limitation state S2. The travel start limitation condition being satisfied means that all of the following conditions Al, A2, and A3 are satisfied." and [0063] "In the travel start limitation state S2, the arlam 58 issues an alarm."), a non-notification state (Takehiro Fig. 9 step S5 “forced operation pre-release state”), and a regular notification state Takehiro "travel start prohibition state S3"), wherein the regular notification state performs louder or more frequent notifications to the operator than the prior notification state (Takehiro [0070] “In the travel start prohibition state S3, the alarm issued by the alarm 58 may be intensified as compared with the alarm in the travel start limitation state S2.”), and
the non-notification state stops performing notification by the notification unit (Takehiro [0078] “In the forced operation pre-release state S5, the alarm 58 does not issue the alarm.”),
control the notification unit to operate in the prior notification state so as to permit the notification by the notification unit when all of the following conditions are satisfied (Takehiro [0057] " travel start limitation state S2. The travel start limitation condition being satisfied means that all of the following conditions Al, A2, and A3 are satisfied." and [0063] "In the travel start limitation state S2, the alarm 58 issues an alarm."): (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, and (iii) the detector detects the parking brake is not activated (Takehiro [0058] “Condition Al ... An object is present in the travel start limitation area AA1. Condition A2 ... A detection result of the direction sensor 35 indicates a neutral, or the detection result of the direction sensor 35 indicates a reverse travel and the areas N, NL, and NR where the object is present matches an extending direction of the expected trajectory T. 25 Condition A3 ... The forklift truck 10 stops.”),
control the notification unit to transition from the prior notification state to the non-notification state when at least one of the following conditions changes from being satisfied to not being satisfied: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, and (iii) the parking brake is not activated (Takehiro [0064] “The travel start limitation release condition being satisfied means that at least one of the following conditions B1, B2, and B3 is satisfied.” and [0065] “Condition B1 ... No object is present in the travel start limitation area AA1” and [0081] “When the main controller 31 is in the forced operation pre-release state S5 and the travel start limitation condition is satisfied, the main controller 31 is shifted to the travel start limitation state S2.”),
control the notification unit to transition from the prior notification state to the regular notification state when all of the following conditions are satisfied while the notification unit is in the prior notification state: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, (iii) the direction sensor detects the direction lever is operated in the direction indicating rearward travel, and (iv) an accelerator of the industrial vehicle is ON (Takehiro [0058] “Condition A3 ... The forklift truck 10 stops.”, [0066] “travel start limitation release condition is satisfied by failure in satisfying at least one of the conditions Al and A2.”, [0067] – [0068] “when the main controller 31 is in the travel start limitation state S2 and a travel start prohibition condition is satisfied, the main controller 31 is shifted from the travel start limitation state S2 to the travel start prohibition state S3. The travel start prohibition condition being satisfied means that all the following conditions Cl and C2 are satisfied … Condition Cl ... The detection result of the direction sensor 35 indicates a position other than the neutral. Condition C2 ... The accelerator is ON.” And [0069] “The condition Cl is satisfied when the detection result of the direction sensor 35 indicates the forward travel or the reverse travel.”), and
control the notification unit to transition from the regular notification state to the non-notification state when (i) the accelerator of the industrial vehicle is OFF, and at least one of the following conditions is no longer satisfied: (ii) the object is present in the notification area, (iii) the direction sensor detects the direction lever is operated in the direction indicating rearward travel, and (iv) the parking brake is not activated (Takehiro [0071] – [0072] “when the main controller 31 is in the travel start prohibition state S3 and a forced operation condition is satisfied, the main controller 31 is shifted from the travel start prohibition state S3 to the forced operation state S4. The forced operation condition being satisfied means that 20 the following condition D1 is satisfied. Condition D1 ... The accelerator is OFF” and [0077] – [0078] “When the main controller 31 is in the forced operation state S4 and a forced operation pre-release condition is satisfied, the main controller 31 is shifted 30 from the forced operation state S4 to the forced operation pre-release state S5. The forced operation pre-release condition being satisfied means that the following condition Fl is satisfied. … Condition Fl ... At least one of the conditions B1, B2, and B3 is satisfied”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the apparatus of Masataka to incorporate the teachings of Takehiro such that the vehicle comprises a direction sensor that detects an operation direction of a direction lever, wherein the direction sensor detects whether the direction lever is operated in a direction indicating forward travel or a direction indicating rearward travel with respect to a neutral position as a reference position and that the processor is configured to control the notification unit to operate in a prior notification state, a non-notification state, and a regular notification state, wherein the regular notification state performs louder or more frequent notifications to the operator than the prior notification state, and the non-notification state stops performing notification by the notification unit, control the notification unit to operate in the prior notification state so as to permit the notification by the notification unit when all of the following conditions are satisfied: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, and (iii) the detector detects the parking brake is not activated, control the notification unit to transition from the prior notification state to the non-notification state when at least one of the following conditions changes from being satisfied to not being satisfied: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, and (iii) the parking brake is not activated, control the notification unit to transition from the prior notification state to the regular notification state when all of the following conditions are satisfied while the notification unit is in the prior notification state: (i) the industrial vehicle is stopped, (ii) the object is detected in the notification area, (iii) the direction sensor detects the direction lever is operated in the direction indicating rearward travel, and (iv) an accelerator of the industrial vehicle is ON, and control the notification unit to transition from the regular notification state to the non-notification state when (i) the accelerator of the industrial vehicle is OFF, and at least one of the following conditions is no longer satisfied: (ii) the object is present in the notification area, (iii) the direction sensor detects the direction lever is operated in the direction indicating rearward travel, and (iv) the parking brake is not activated. Doing so would improve operability in industrial vehicles (Takehiro [0005]).
Masataka as modified by Takehiro does not teach a detector that detects whether a parking brake is activated in order to determine whether an operator of the industrial vehicle has an intention of starting the industrial vehicle. However, Okada teaches a detector that detects whether a parking brake is activated in order to determine whether an operator of the industrial vehicle has an intention of starting the industrial vehicle (Okada [0080] “Further, the calculation circuit 20 can also determine than “a release request is issued” when detecting a driver's intention to start the vehicle, in addition to making this determination based on the operation performed on the parking brake switch 18.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Okada to Masataka as modified by Takehiro such that the vehicle comprises a detector that detects whether a parking brake is activated in order to determine whether an operator of the industrial vehicle has an intention of starting the industrial vehicle. Doing so would allow for control according to a driver’s intention (Okada [0007]).
Masataka as modified by Takehiro and Okada does not teach that when the object is detected in the notification area based on the image, determine whether the detector detects the parking brake is activated. However, Paulson teaches that when the object is detected in the notification area based on the image, determine whether the detector detects the parking brake is activated (Paulson Description “object proximity detection system (OPDS) that enables the application of a service brake and/or a park brake on a vehicle in response to the detection of an object,” and Claim 1 “object proximity detection system comprises 10 one or more programmable radar heads.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Paulson to Masataka as modified by Takehiro and Okada such that when the object is detected in the notification area based on the image, determine whether the detector detects the parking brake is activated. Doing so would allow for the system to apply the brakes if an object is detected (Paulson Abstract).
Regarding claim 2, Masataka as modified by Takehiro, Okada, and Paulson teaches all of the elements of the current invention in claim 1. Masataka further discloses that the processor is configured to stop the notification by the notification unit when the detector no longer detects the intention of starting while the notification by the notification unit is performed (Masataka See Fig 7: S2 determines whether or not there is a traveling operation. If affirmative, object detection device performs the process in steps S7 --> end, which activates the notification unit. Once switched to a non travel operation, object detection device performs the process in steps S3 --> end, which does not activate the notification unit).
Okada further discloses a parking brake is not activated (Okada [0080] “Further, the calculation circuit 20 can also determine than “a release request is issued” when detecting a driver's intention to start the vehicle, in addition to making this determination based on the operation performed on the parking brake switch 18.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Okada to Masataka as modified by Takehiro, Okada, and Paulson such that the processor determines a parking brake is not activated. Doing so would allow for control according to a driver’s intention (Okada [0007]).
Response to Arguments
With respect to Applicant’s remarks filed on 03/19/2026; Applicant's “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to the claim interpretations under 35 U.S.C. § 112 (b), applicants “Amendment and Remarks” have been fully considered
With respect to the claim rejections under 35 U.S.C. § 103, applicants “Amendment and Remarks” have been fully considered. Applicant has amended the independent claim and these amendments have changed the scope of the original application and the Office has supplied new grounds for rejection attached below in the FINAL office action and therefore the prior arguments are considered moot.
However, even though applicant has amended the scope of the claims and the Office has provided new mapping of cited prior art below, the Office is still using some of the same cited prior art, thus the Office will attempt to address all remarks that remain relevant
Applicant remarks:
Takehiro does not teach this claimed transition. Instead, when in the travel start prohibition state S3 (which the Examiner maps to the regular notification state), Takehiro requires an intermediate forced operation state S4 before reaching the forced operation pre- release state S5 (which the Examiner maps to the non-notification state). For example, Takehiro explains that a shift from S3 to S4 occurs when "Condition D1 The accelerator is OFF." See Takehiro, paragraphs [0071]-[0072]. Thereafter, Takehiro occurs only when "Condition F1 At least one of the conditions B1, B2, and B3 is satisfied." See Takehiro, paragraphs [0077]-[0078].teaches that a shift from S4 to S5.
Thus, Takehiro explicitly teaches an intermediate state (S4) in which a reduced alarm/notification continues (not a regular notification state) before any transition to the state (S5) in which notification stops. Moreover, Takehiro's intermediate forced operation state S4 is functionally significant and is not merely a design choice that could be eliminated. Specifically, in S4, Takehiro allows the forklift to travel at a limited speed while maintaining a reduced alarm, serving the specific purpose of allowing the operator to proceed after acknowledging the detected object. See Takehiro, paragraph [0073] ("the forced operation state S4 is a state in which a speed limit is imposed on the forklift truck 10 by the vehicle speed upper limit being set at VS1 [km/h]" and "the main controller 31 allows the forklift truck 10 to travel at the VS1 or less"). Eliminating this intermediate state would fundamentally change Takehiro's teaching because it would remove the "forced operation" functionality that allows limited travel while maintaining awareness of the detected object. There is no teaching, suggestion, or motivation in the cited references to eliminate this functionally significant intermediate state to arrive at the direct transition recited in claim 1.
By contrast, claim 1 requires a direct transition from the regular notification state to the non-notification state, i.e., from a state in which louder or more frequent notifications are performed to a state in which notification stops, when the accelerator is OFF and at least one of the other recited conditions is no longer satisfied. Takehiro does not teach this. In Takehiro, the transition from the alleged regular notification state S3 to intermediate state S4 occurs when only the accelerator is OFF (condition D1), without requiring any of the other conditions to change. The subsequent transition from S4 to S5 then requires subsequent condition F1 (at least one of B1, B2, B3 is satisfied). This two-step process with separate conditions is fundamentally different from claim 1, which requires the accelerator being OFF AND at least one of conditions (ii)-(iv) no longer being satisfied for the same single transition from the regular notification state to the non-notification state. The cited combination, including Takehiro, fails to teach or suggest this claimed transition. Accordingly, Applicant respectfully requests withdrawal of the rejection of claim 1, and dependent claim 2, under 35 U.S.C. § 103.
Office’s response to each remark:
Takehiro does teach this claimed transition. The travel start prohibition state S3 (regular notification state) goes to the forced operation pre-release state S5 (non-notification state) when the accelerator is off and when at least one of B1, B2, and B3 is satisfied, which includes when there is no longer an object detected in the area.
No design choice to remove S4 in the process of Takehiro was ever mentioned in the office action.
Applicant is arguing limitations that are not in the claims. Claim 1 does not require any sort of direct transition from the regular notification state to the non-notification state, meaning that there can be states in between the regular notification and non-notification states. With that in mind, Takehiro does teach transitioning from the regular notification state to the non-notification state when the accelerator is off (S3 -> S4) and when one of B1, B2, and B3 is satisfied (S4 -> S5), in which one of those conditions includes when there is no longer an object detected in the area.Applicant further argues that the dependent claims are also allowable since they depend on allowable subject and the Office respectfully disagrees. It is the Office's stance that all of the claimed subject matter has been properly rejected;
Therefore, the Office's respectfully disagrees with applicant’s arguments.
It is the Office’s stance that all of applicant arguments have been considered and the rejections remain.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/J.N./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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