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 .
Status of Claims
This Office action is in response to the amendments filed on March 30, 2026. Claims 6 and 17-21, and 25-36 are currently pending, with Claims 6, 26, 32, and 35 being amended, Claims 23-24 being canceled.
Response to Amendments
In response to Applicant’s amendments, filed March 30, 2026, the Examiner maintains the previous 35 U.S.C. 103 rejections.
Response to Arguments
Regarding Applicant’s arguments, filed March 30, 2026, pertaining to the teachings of “one or more electrical actuators …” (see pages 7-9, 12, and 14 of instant arguments), the Examiner is unpersuaded. Hoaby teaches that the power source can include an electrical power source for powering electrical actuators and/ or an electronic controller on an implement, and that the actuator includes a motor, which causes a current signal to be provided for moving the actuator in a particular direction (see at least Paragraphs [0106], [0167] of Hoaby). Hoaby further teaches that position of each actuatable valve can be adjusted by providing electrical signals to each actuatable valve and control the hydraulic flow with respect to the actuators (see at least Paragraphs [0123], [0125] of Hoaby). In other words, Hoaby teaches that an electrical actuator may be used on the system, which may be driven by a motor. The combination of Brinkman, in view of Hoaby, teaches a method for operating a work machine, using hydraulic or electrical actuators to execute movement of the implement and the work machine. As such, the arguments are unpersuasive, and the Examiner maintains the corresponding rejections.
Regarding Applicant’s arguments that the combination is unreasonable (see page 9 of instant arguments), the Examiner is unpersuaded. Applicant’s arguments that the electrical actuator has to be on an electric machine or that the work machine itself is electric, is not claimed in the claims, as they are currently written. Electrical actuators can be used on both hydraulic and electric machines, and as such, the teachings of Brinkman, in view of Hoaby, teaches the use of an electrical actuator to send signals to hydraulic components to change position or orientation, which reads on the current claims. As such, the Examiner is unpersuaded and maintains the corresponding rejections. The Applicant may amend the claims to indicate the machine is electric, with electrical actuators, to attempt to overcome the currently applied art to distinguish the claimed invention.
Regarding Applicant’s arguments pertaining to the teachings of monitoring an operational loading of a material (see pages 11 and 13-14 of instant arguments), the Examiner is unpersuaded. Hoaby teaches that the implement can scoop material, and a material sensor on the power machine can monitor quantity or movement relative to the implement, and the amount of material (e.g., dirt) moving into (or out of) a bucket or other implement (see at least Paragraphs [0310], [0325]-[0327] of Hoaby). As such, Brinkman, in view of Hoaby, teaches the features of the claims as written. The Examiner is unpersuaded and maintains the corresponding rejections.
Regarding Applicant’s arguments that the combination is unreasonable regarding the teachings of a float condition or a shake condition (see pages 11 and 13-14 of instant arguments), the Examiner is unpersuaded. Brinkman teaches that the shaking can be accomplished by a controller that automatically and rapidly cycles a valve or actuators associated with the bucket (see at least Col. 1 lines 24-28; Col. 3 lines 37-48; of Brinkman). Hoaby is further applied to show that the system detects an operational condition of the machine, and the system determines whether or not to perform an action, e.g., based on loading, or amount of material (see at least Paragraphs [0310], [0325]-[0327] of Hoaby). The combination of Brinkman, in view of Hoaby, teaches that the system detects the condition of the system and implements oscillations in order to affect change of the implement, machine or component. As such, Brinkman, in view of Hoaby, teaches the features of the claims, as currently written. The Examiner is unpersuaded and maintains the corresponding rejections.
The remaining arguments are essentially the same as those addressed above and/or below and are unpersuasive for essentially the same reasons. Therefore, the corresponding rejections are maintained.
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 6, 17-21, and 25-36 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 7,726,125 B2, to Brinkman, et al (hereinafter referred to as Brinkman; previously of record), in view of U.S. Patent Publication No. 2022/0412050 A1, to Hoaby, et al (hereinafter referred to as Hoaby; previously of record).
As per Claim 6, Brinkman discloses the features of a method of operating a power machine (e.g. Col. 2 lines 51-64; Figure 1; where a machine (10) may include an implement system (12) configured to move a work tool (14), a power source 16 that drives implement system (12), and an operator station (36) for operator control of machine (10)), the method comprising:
providing, with a control device, one or more electronic control signals (e.g. Col. 3 lines 60-66; Col. 6 lines 27-34 and lines 53-65; where the control system (102) may monitor and adjust the performance of the machine (10) and its components, and may include signal conditioning circuity, signal output circuitry, etc.; and be in communication with a controller (104), and EP control (50) may receive an electronic signal indicative of the desired displacement of the pump from the controller (104)) to
one or more ‘…’ actuators (e.g. Col. 3 lines 27-30 and 60-66; Col. 8 lines 1-19; where the EP control (50) may receive an electronic signal and subsequently adjust (i.e. actuate) the angle of the switch plate; and where power source (16) may produce an electrical power output that may be converted to hydraulic power for moving the actuators) to
cause an orientation of an implement of the power machine to fluctuate over a plurality of cycles (e.g. Col. 1 lines 24-28; Col. 3 lines 37-48; where the shaking can be accomplished by a controller that automatically and rapidly cycles a valve or actuators associated with the bucket; and where the operator interface device (38) is movable between a neutral position and a maximum displaced position to move and/ or orient the machine (10) at a desired work tool velocity or position),
with each cycle of the plurality of cycles including a first movement of the implement in a first direction away from a reference position and a second movement of the implement in a second direction away from the reference position (e.g. Col. 3 lines 37-48; Col. 6 lines 7-19; Col. 7 lines 33-49; where the operator interface device (38) may be movable between a neutral (i.e. reference position) and a maximum displaced position to move and/or orient the tool (14); and where the control valve (64) my regulate the motion of the work took actuator (28) in an extend position (66) and a retract position (70); and the control value (64) is biased to return to the neutral position and may be moved between the extended and retracted positions; and the controller (104) may enter shake out mode based on the inputs from the operator based on movements of the operator interface device (38), i.e. based on a number of times (cycles) the operator interface device (28) is moved across a neutral position within a certain period), ‘…’ wherein providing the one or more electronic control signals is based on
receiving, with the control device, an operator input that initiates the fluctuation over the plurality of cycles but does not directly command the first and second movements of the plurality of cycles (e.g. Col. 3 lines 37-48; Col. 7 lines 33-49; Col. 8 lines 3-13; Claim 2; where, as the operator interface device (38) is moved between neutral and maximum displacement positions, a corresponding position signal generated and sent to send signals to the controller (104) to enter a shakeout mode; and upon receiving a signal form the operator interface device (38) the controller (104) may send a signal to control the increase of the output of the pump to provide the flow necessary to move the work tool (14) in a desired manner; and where the operator input device transmits a mode signal to the controller indicative of a desire for the operation in the shake out mode); and
detecting, with the control device, an operational condition of the power machine (e.g. Col. 6 lines 40-52; where the sensor (106) may provide information to the controller (104) that may be used to monitor and adjust the performance of the machine and its components, where sensor (106) may embody an actuator position, an operator input sensor associated with the operator interface device (38), and/ or any other sensor associated with the performance, operation, and or productivity of machine (10)) ‘…’.
Brinkman fails to disclose every feature of one or more electrical actuators; each electrical actuator of the one or more electrical actuators being configured as a drive motor of an electrical extender; and determining characteristics of the plurality of cycles based on detecting the operational condition, wherein the operational condition includes a change in a loading of a material supported by the implement of the power machine.
Hoaby, in a similar field of endeavor, teaches the features of one or more electrical actuators; each electrical actuator of the one or more electrical actuators being configured as a drive motor of an electrical extender.
Hoaby teaches a method for controlling a power machine, where a slew motor receives a power signal from the control system (260) to rotate the house (211) with respect to the undercarriage (212), and provides hydraulic fluid to one or more work elements, such as lift arm (33) (i.e. an extender); and where each of the actuators can be a linear actuator, to result in a movement (e.g., extension, retraction, etc., of one or more actuators) (e.g., that extends and retracts) or can be an electrical actuator (e.g. Paragraphs [0102], [0123]-[0124], [0106], [0167]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of using an actuator to supply hydraulic fluid to extend an element in the system of Hoaby, in order to provide improved performance of the work machine (see at least Paragraph [0168] of Hoaby).
Hoaby further teaches the features of determining characteristics of the plurality of cycles based on detecting the operational condition.
Hoaby teaches a method for controlling a power machine, where the power machine may automatically implement a default control mode based on current operating conditions; and where the control module can automatically determine a response curve based on an operational profile, operational mode, target tamping speed, etc. of the power machine for different operations, such as to provide a stronger tamping force, via a heavier float operation, for harder dirt or to drive a post into the ground; and where the system automatically determines whether or not to execute an action, such as vibrating the bucket, based on determining if the bucket has stalled, or is having difficulty moving through the dirt (i.e. the controller automatically determines the characteristics and operational condition) (e.g. Paragraphs [0159], [0189], [0227], [0284]-[0285]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of automatically determining the characteristics of the cycles in the system of Hoaby, in order to provide improved performance of the work machine (see at least Paragraph [0168] of Hoaby).
Hoaby further teaches the features of wherein the operational condition includes a change in a loading of a material supported by the implement of the power machine.
Hoaby teaches a method for controlling a power machine, where the implement can scoop material, and a material sensor on the power machine can monitor quantity or movement relative to an implement, and can monitor the amount of material (e.g., dirt) moving into (or out of) a bucket or other implement, so that corresponding control of the implement for relevant operations can be managed (e.g. Paragraphs [0310], [0325]-[0327]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining an operational condition based on the loading of material in the system of Hoaby, in order to control the attitude of the bucket or lift arm appropriately (see at least Paragraph [0327] of Hoaby).
As per Claim 17, Brinkman, in view of Hoaby, teaches the features of Claim 6, and Brinkman further discloses the features of wherein the one or more electronic control signals are provided based on receiving the operator input as a first operator input that initiates the fluctuation (e.g. Claim 2; where the operator input device transmits a mode signal to the controller indicative of a desire for the operation in the shake out mode).
As per Claim 18, Brinkman, in view of Hoaby, teaches the features of Claim 17, and Brinkman further discloses the features of wherein the one or more electronic control signals are provided to cause the fluctuation for a predetermined time or for a predetermined number of the cycles, based on receiving the first operator input (e.g. Col. 7 lines 33-44; where the controller (104) may enter shake out mode based on the inputs from the operator based on movements of the operator interface device (38), i.e. based on a number of times (cycles) the operator interface device (28) is moved across a neutral position within a certain period).
As per Claim 19, Brinkman, in view of Hoaby, teaches the features of Claim 18, and Hoaby further teaches the features of wherein the predetermined time or the predetermined number of cycles are determined based on a second operator input, separate from the first operator input.
Hoaby teaches a method for controlling a power machine, where the control device can be configured to command movement of a first power machine operation based on a first type of operator input received and command a second power machine operation based on a second type of operator input received; and where a first operator device (first joystick, 502) controls the arm and the second operator device (second joystick, 504) controls the boom and bucket (e.g. Paragraphs [0016], [0048]; Figure 5).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of utilizing two separate operator inputs in the system of Hoaby, in order to command or stop different actuators of the vehicle (see at least Paragraphs [0043] and [0052] of Hoaby).
As per Claim 20, Brinkman, in view of Hoaby, teaches the features of Claim 17, and Hoaby further teaches the features of wherein the one or more electronic control signals cause the fluctuation to stop based upon one or more of: cessation of the first operator input, or receipt of a second operator input.
Hoaby teaches a method for controlling a power machine, where other devices can be used to stop operations and where an operation can continue for a specific duration of time, and once the time threshold is exceeded, a computing device can stop the operation for the work group, or the operation only continues while an operator input device is activated; and where the computing device can stop operation based on operator input; and where a first operator device (first joystick, 502) controls the arm and the second operator device (second joystick, 504) controls the boom and bucket (e.g. Paragraphs [0149], [0212], [0302]; Figure 5).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of stopping the fluctuation based on operator input the system of Hoaby, in order to prevent the implement from moving outside of the designated boundary zones (see at least Paragraph [0236] of Hoaby).
As per Claim 21, Brinkman, in view of Hoaby, teaches the features of Claim 17, and Hoaby further teaches the features of wherein the one or more electronic control signals are provided to cause the fluctuation based also on a second operator input, different from the first operator input, the second operator input indicating one or more of an amplitude for the fluctuation or a frequency for the fluctuation.
Hoaby teaches a method for controlling a power machine, where a first operator device (first joystick, 502) controls the arm and the second operator device (second joystick, 504) controls the boom and bucket; where each joystick (502, 504) can include a respective orientation sensor that sense the orientation of the corresponding joystick; and where the computing device can receive an operator input from each joystick (e.g., from an actuatable button on a joystick) indicative of a desired increase in amplitude or frequency for vibration of a bucket, or based on receipt of sensor signals associated with the status of the implement; and where the computing device receives operator input enabling vibration mode, and when operator input is not continuously received, the computing device stops the vibrating at that frequency (i.e. second operator input is no input) (e.g. Paragraphs [0128], [0272], [0286]; Figure 5).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of utilizing two separate operator inputs in the system of Hoaby, in order to command or stop different actuators of the vehicle (see at least Paragraphs [0043] and [0052] of Hoaby).
As per Claim 25, Brinkman, in view of Hoaby, teaches the features of Claim 6, and Brinkman further discloses the features of wherein the operational condition includes an operational mode of the power machine (e.g. Col. 7 lines 4-14 and 30-49; where the controller (104) may select different modes of operation, including normal, shake out, or neutral modes).
As per Claim 26, Brinkman, in view of Hoaby, teaches the features of Claim 6, and Brinkman further discloses the features of wherein the operational condition includes an orientation of a lift arm of the power machine (e.g. Col. 3 lines 40-48; where the operator interface device (38) is movable between a neutral position and a maximum displaced position to move and/ or orient the machine (10) at a desired work tool velocity or position).
As per Claim 27, Brinkman, in view of Hoaby, teaches the features of Claim 6, and Hoaby further teaches the features of wherein the characteristics of the plurality of cycles include one or more of a number of cycles, an oscillation amplitude, or an oscillation frequency.
Hoaby teaches a method for controlling a power machine, where the system can determine multiple orientation ranges, with different operation properties associated with each (e.g., each range associated with different vibration frequency, amplitude, etc.); and where the computing device can change the frequency or amplitude at which one or more actuators extend or retract, as appropriate (e.g. Paragraphs [0266], [0272]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining the number of cycles, amplitude, or frequency in the system of Hoaby, in order to increase or decrease the responsiveness of the machine to an operator input (see at least Paragraph [0130] of Hoaby).
As per Claim 28, Brinkman, in view of Hoaby, teaches the features of Claim 27, and Hoaby further teaches the features of wherein the one or more of the number of cycles in the plurality of cycles, the oscillation amplitude, or the oscillation frequency are, respectively, one or more of a predetermined number of cycles, a predetermined oscillation amplitude, or a predetermined oscillation frequency.
Hoaby teaches a method for controlling a power machine, where the system can determine multiple orientation ranges, with different operation properties associated with each (e.g., each range associated with different vibration frequency, amplitude, etc.); and where the computing device can change the frequency or amplitude at which one or more actuators extend or retract, as appropriate (e.g. Paragraphs [0266], [0272]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining the number of cycles, amplitude, or frequency in the system of Hoaby, in order to increase or decrease the responsiveness of the machine to an operator input (see at least Paragraph [0130] of Hoaby).
As per Claim 29, Brinkman, in view of Hoaby, teaches the features of Claim 6, and Brinkman further discloses the features of wherein the fluctuation causes an attitude of the implement to oscillate relative to the reference position (e.g. Col. 3 lines 40-48; Col. 7 lines 34-42; where the operator interface device (38) may be movable between a neutral (i.e. reference position) and a maximum displaced position to move and/or orient the tool (14); and where the control valve (64) my regulate the motion of the work took actuator (28) in an extend position (66) and a retract position (70); and the control value (64) is biased to return to the neutral position and may be moved between the extended and retracted positions; and the controller (104) may enter shake out mode based on the inputs from the operator based on movements of the operator interface device (38), i.e. based on a number of times (cycles) the operator interface device (28) is moved across a neutral position within a certain period).
As per Claim 30, Brinkman, in view of Hoaby, teaches the features of Claim 29, and Brinkman further discloses the features of wherein the oscillation is centered on the reference position (e.g. Col. 3 lines 40-48; Col. 7 lines 34-42; where the controller (104) may enter shake out mode based on the inputs from the operator based on movements of the operator interface device (38), i.e. based on a number of times (cycles) the operator interface device (28) is moved across a neutral position within a certain period; and where the operator may rapidly move the operator interface device (38) across the neutral position (i.e. is centered across the neutral setting) three times in one second).
As per Claim 31, Brinkman, in view of Hoaby, teaches the features of Claim 30, and Hoaby further teaches the features of wherein the reference position is a starting position of the implement for the oscillation.
Hoaby teaches a method for controlling a power machine, where the system can determine multiple orientation ranges, where the processes can include a computing device receiving a location indicating where to begin the tamping sequence, (e.g. Paragraphs [0223], [0292]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining a start location or position of the work implement in the system of Hoaby, in order to ensure the working implement is operating in a safe range (see at least Paragraph [0231] of Hoaby).
As per Claim 32, Brinkman discloses the features of a method of operating a power machine (e.g. Col. 2 lines 51-64; Figure 1; where a machine (10) may include an implement system (12) configured to move a work tool (14), a power source 16 that drives implement system (12), and an operator station (36) for operator control of machine (10)), the method comprising:
providing, with a control device, one or more electronic control signals (e.g. Col. 3 lines 60-66; Col. 6 lines 27-34 and lines 53-65; where the control system (102) may monitor and adjust the performance of the machine (10) and its components, and may include signal conditioning circuity, signal output circuitry, etc.; and be in communication with a controller (104), and EP control (50) may receive an electronic signal indicative of the desired displacement of the pump from the controller (104)) to
one or more ‘…’ actuators (e.g. Col. 3 lines 27-30 and 60-66; Col. 8 lines 1-19; where the EP control (50) may receive an electronic signal and subsequently adjust (i.e. actuate) the angle of the switch plate; and where power source (16) may produce an electrical power output that may be converted to hydraulic power for moving the actuators) to
cause an attitude of an implement of the power machine to oscillate over a plurality of cycles (e.g. Col. 1 lines 24-28; Col. 3 lines 37-48; where the shaking can be accomplished by a controller that automatically and rapidly cycles a valve or actuators associated with the bucket; and where the operator interface device (38) is movable between a neutral position and a maximum displaced position to move and/ or orient the machine (10) at a desired work tool velocity or position),
with each cycle of the plurality of cycles including a first movement of the implement in a first direction relative to a starting position and a second movement of the implement in a second direction relative to the starting position (e.g. Col. 3 lines 37-48; Col. 6 lines 7-19; Col. 7 lines 33-49; where the operator interface device (38) may be movable between a neutral (i.e. reference position) and a maximum displaced position to move and/or orient the tool (14); and where the control valve (64) my regulate the motion of the work took actuator (28) in an extend position (66) and a retract position (70); and the control value (64) is biased to return to the neutral position and may be moved between the extended and retracted positions; and the controller (104) may enter shake out mode based on the inputs from the operator based on movements of the operator interface device (38), i.e. based on a number of times (cycles) the operator interface device (28) is moved across a neutral position within a certain period); ‘…’
wherein providing the one or more electronic control signals is based on receiving, with the control device, an operator input that initiates the oscillation over the plurality of cycles but does not directly command the first and second movements of the plurality of cycles (e.g. Col. 3 lines 37-48; Col. 7 lines 33-49; Col. 8 lines 3-13; Claim 2; where, as the operator interface device (38) is moved between neutral and maximum displacement positions, a corresponding position signal generated and sent to send signals to the controller (104) to enter a shakeout mode; and upon receiving a signal form the operator interface device (38) the controller (104) may send a signal to control the increase of the output of the pump to provide the flow necessary to move the work tool (14) in a desired manner; and where the operator input device transmits a mode signal to the controller indicative of a desire for the operation in the shake out mode); and
wherein the one or more electronic control signals cause the oscillation for a predetermined time or for a predetermined number of the cycles, based on receiving the operator input (e.g. Col. 6 lines 40-52; where the sensor (106) may provide information to the controller (104) that may be used to monitor and adjust the performance of the machine and its components, where sensor (106) may embody an actuator position, an operator input sensor associated with the operator interface device (38), and/ or any other sensor associated with the performance, operation, and or productivity of machine (10)) ‘…’ wherein
one or more characteristics of the oscillation are determined based on a sensed operational condition of the power machine (e.g. Col. 7 lines 1-7 and lines 31-49; where the shake out mode may allow hydraulic system to respond more quickly for improved performance; and the controller (104) may enter shake out mode based on inputs from operator interface device, e.g., a number of times operator interface device (38) is moved across a neutral, or zero, position within a certain period may signal controller (104) to enter the shake out mode (i.e., sensed operational condition)); and wherein
the sensed operational condition includes an operational mode of the power machine (e.g. Col. 7 lines 1-7 and lines 31-49; where the controller may correlate maps with one or more modes of operations, such as a normal mode, a shake out mode, and a neutral mode).
Hoaby, in a similar field of endeavor, teaches the features of one or more electrical actuators; each electrical actuator of the one or more electrical actuators being configured as a drive motor of an electrical extender.
Hoaby teaches a method for controlling a power machine, where a slew motor receives a power signal from the control system (260) to rotate the house (211) with respect to the undercarriage (212), and provides hydraulic fluid to one or more work elements, such as lift arm (33) (i.e. an extender); and where each of the actuators can be a linear actuator, to result in a movement (e.g., extension, retraction, etc., of one or more actuators) (e.g., that extends and retracts) or can be an electrical actuator (e.g. Paragraphs [0102], [0123]-[0124], [0106], [0167]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of using an actuator to supply hydraulic fluid to extend an element in the system of Hoaby, in order to provide improved performance of the work machine (see at least Paragraph [0168] of Hoaby).
As per Claim 33, Brinkman, in view of Hoaby, teaches the features of Claim 32, and Hoaby further teaches the features of wherein the one or more electronic control signals are provided to cause the oscillation based also on a second operator input that indicates one or more of an amplitude for the oscillation or a frequency for the oscillation.
Hoaby teaches a method for controlling a power machine, where the system can determine multiple orientation ranges, with different operation properties associated with each (e.g., each range associated with different vibration frequency, amplitude, etc.); and where the computing device can change the frequency or amplitude at which one or more actuators extend or retract, as appropriate; and where a computing device can receive an operator input indicative of a desired increased in amplitude or frequency for the vibration of a bucket (e.g. Paragraphs [0266], [0272]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining the amplitude in the system of Hoaby, in order to increase or decrease the responsiveness of the machine to an operator input (see at least Paragraph [0130] of Hoaby).
As per Claim 34, Brinkman, in view of Hoaby, teaches the features of Claim 32, and Hoaby further teaches the features of wherein the one or more electronic control signals are provided to cause the oscillation based also on a second operator input that indicates the predetermined time or number of cycles.
Hoaby teaches a method for controlling a power machine, where the control device can be configured to command movement of a first power machine operation based on a first type of operator input received and command a second power machine operation based on a second type of operator input received; and where a first operator device (first joystick, 502) controls the arm and the second operator device (second joystick, 504) controls the boom and bucket (e.g. Paragraphs [0016], [0048]; Figure 5).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining the number of cycles in the system of Hoaby, in order to increase or decrease the responsiveness of the machine to an operator input (see at least Paragraph [0130] of Hoaby).
As per Claim 35, Brinkman discloses the features of a method of operating a power machine (e.g. Col. 2 lines 51-64; Figure 1; where a machine (10) may include an implement system (12) configured to move a work tool (14), a power source 16 that drives implement system (12), and an operator station (36) for operator control of machine (10)), the method comprising:
receiving, with the control device, an operator input that initiates the oscillation over the plurality of cycles but does not directly command the first and second movements of the plurality of cycles (e.g. Col. 3 lines 37-48; Col. 7 lines 33-49; Col. 8 lines 3-13; Claim 2; where, as the operator interface device (38) is moved between neutral and maximum displacement positions, a corresponding position signal generated and sent to send signals to the controller (104) to enter a shakeout mode; and upon receiving a signal form the operator interface device (38) the controller (104) may send a signal to control the increase of the output of the pump to provide the flow necessary to move the work tool (14) in a desired manner; and where the operator input device transmits a mode signal to the controller indicative of a desire for the operation in the shake out mode);
providing, with the control device, one or more electronic control signals (e.g. Col. 3 lines 60-66; Col. 6 lines 27-34 and lines 53-65; where the control system (102) may monitor and adjust the performance of the machine (10) and its components, and may include signal conditioning circuity, signal output circuitry, etc.; and be in communication with a controller (104), and EP control (50) may receive an electronic signal indicative of the desired displacement of the pump from the controller (104)) to
one or more ‘…’ actuators (e.g. Col. 3 lines 27-30 and 60-66; Col. 8 lines 1-19; where the EP control (50) may receive an electronic signal and subsequently adjust (i.e. actuate) the angle of the switch plate; and where power source (16) may produce an electrical power output that may be converted to hydraulic power for moving the actuators) to
cause an orientation of an implement of the power machine to fluctuate over the plurality of cycles (e.g. Col. 1 lines 24-28; Col. 3 lines 37-48; where the shaking can be accomplished by a controller that automatically and rapidly cycles a valve or actuators associated with the bucket; and where the operator interface device (38) is movable between a neutral position and a maximum displaced position to move and/ or orient the machine (10) at a desired work tool velocity or position),
with each cycle of the plurality of cycles including a first movement of the implement in a first direction away from a reference position and a second movement of the implement in a second direction away from the reference position (e.g. Col. 3 lines 37-48; Col. 6 lines 7-19; Col. 7 lines 33-49; where the operator interface device (38) may be movable between a neutral (i.e. reference position) and a maximum displaced position to move and/or orient the tool (14); and where the control valve (64) my regulate the motion of the work took actuator (28) in an extend position (66) and a retract position (70); and the control value (64) is biased to return to the neutral position and may be moved between the extended and retracted positions; and the controller (104) may enter shake out mode based on the inputs from the operator based on movements of the operator interface device (38), i.e. based on a number of times (cycles) the operator interface device (28) is moved across a neutral position within a certain period); ‘…’ wherein providing the one or more electronic control signals is based on
(i) detecting, with the control device, a present operational condition of the power machine at receipt of operator input (e.g. Col. 7 lines 1-7 and lines 31-49; where the shake out mode may allow hydraulic system to respond more quickly for improved performance; and the controller (104) may enter shake out mode based on inputs from operator interface device, e.g., a number of times operator interface device (38) is moved across a neutral, or zero, position within a certain period may signal controller (104) to enter the shake out mode (i.e., sensed operational condition)) that includes
a ‘…’ orientation of a lift arm of the power machine (e.g. Col. 3 lines 37-39; where the operator station may receive input from an operator indicative of a desired work tool and/or machine movement) and
a ‘…’ orientation of the implement of the power machine (e.g. Col. 3 lines 37-39; where the operator station may receive input from an operator indicative of a desired work tool and/or machine movement); and
(ii) adjusting, with the control device, one or more characteristics of the plurality of cycles based on the present operational condition of the power machine (e.g. Col. 6 lines 27-27; where the control system (102) may monitor and adjust the performance of the machine (10) and its components); and wherein
providing the one or more electronic control signals to cause the orientation of the implement of the power machine to fluctuate over the plurality of cycles is initiated based on the present operational condition of the power machine and receipt of the operator input (e.g. Col. 7 lines 1-15 and lines 31-49; where the controller (104) may implement selectable modes of operation based on inputs from the operator device; and change to a shake out mode (i.e. adjust number of oscillations)).
Brinkman fails to disclose every feature of one or more electrical actuators; each electrical actuator of the one or more electrical actuators being configured as a drive motor of an electrical extender; a present orientation of a lift arm of the power machine and a present orientation of the implement of the power.
Hoaby, in a similar field of endeavor, teaches the features of one or more electrical actuators; each electrical actuator of the one or more electrical actuators being configured as a drive motor of an electrical extender.
Hoaby teaches a method for controlling a power machine, where a slew motor receives a power signal from the control system (260) to rotate the house (211) with respect to the undercarriage (212), and provides hydraulic fluid to one or more work elements, such as lift arm (33) (i.e. an extender); and where each of the actuators can be a linear actuator, to result in a movement (e.g., extension, retraction, etc., of one or more actuators) (e.g., that extends and retracts) or can be an electrical actuator (e.g. Paragraphs [0102], [0123]-[0124], [0106], [0167]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of using an actuator to supply hydraulic fluid to extend an element in the system of Hoaby, in order to provide improved performance of the work machine (see at least Paragraph [0168] of Hoaby).
Hoaby further teaches the features of a present orientation of a lift arm of the power machine and a present orientation of the implement of the power.
Hoaby teaches a method for controlling a power machine, where the signals can be received from one or more sensors that indicate a current orientation of a lift arm and measure parameters relating to a current orientation of the power machine and implement carrier (i.e., body of the work machine) (e.g. Paragraphs [0041], [0113], [0115], [0252]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining current conditions of the work machine in the system of Hoaby, in order to provide improved performance of the work machine (see at least Paragraph [0168] of Hoaby).
As per Claim 36, Brinkman, in view of Hoaby, teaches the features of Claim 6, and Hoaby further teaches the features of wherein the operational condition includes at least one of an orientation of the implement, a commanded movement of a lift arm of the power machine, a commanded movement of the implement, or a present power capacity of an electrical power source of the power machine.
Hoaby teaches a method for controlling a power machine, where the position, orientation, and weight characteristics (e.g., operational condition) can be used to estimate the relevant load that may be applied by the weight of the lift arm to determine appropriate hydraulic pressure to apply to the base of the boom; and where the digging sequence can be defined by the control device, including specifying one or more of an initial lift arm orientation, movement of the lift arm, (e.g. Paragraphs [0029], [0031], [0199], [0206]-[0208]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the method for rapid bucket shakeout in the system of Brinkman, with the feature of determining the loading of the machine in the system of Hoaby, in order to determine the appropriate hydraulic pressure to apply to the base to stabilize the working implement (see at least Paragraph [0208] of Hoaby).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
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/MERRITT LEVY/Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
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