DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18164592 filed on 02/05/2023.
Claim 9 is allowable
Claims 1 - 20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/11/2023, 02/05/2023 was fully considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 – 2, 4 – 8, 10 – 11, 13 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub 20170290258 – Mollick et al. hereinafter as MOLLICK in view of US PG Pub 20230076909 – Beckmann et al. hereinafter as BECKMANN
Regarding Claim 1:
MOLLICK discloses
A vehicle comprising: a three-point hitch hookup assist system comprising:
a lower link having a first connection about which the lower link pivots and an implement connector; ( para. 0334 – bottom link arms 318)a powered actuator to pivot the lower link;( para. 0334 – hydraulic actuators)
a first sensor coupled to the lower link or the powered actuator to output signals
a controller to output control signals to the powered actuator to cause the powered actuator to apply an assist force to the lower link
MOLLICK discloses of providing a power assist for a three point hitch and discloses of the top link and two lower links, MOLLICK doesn’t explicitly disclose of signals that indicate a manual force applied by an operator to a link And a controller to output control signals to the powered actuator to cause the powered actuator to apply an assist force to the lower the link based upon the manual force. I
BECKMANN discloses:
a first sensor coupled to the link or the powered actuator (para. 0110 - actuators) to output signals indicating a manual force applied by an operator to the lower link; and ( para. 0048 – where in the device detect manual force to move an item)a controller to output control signals to the powered actuator (para. 0110 - actuators) to cause the powered actuator to apply an assist force to the link based upon the manual force.(para. 0078 – controller and para. 0069 – controller output)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MOLLICK’s three point hitch that discloses of a top link and two lower links that can be adjusted with power to utilize the ability to have a first sensor coupled to the link or the powered actuator to output signals indicating a manual force applied by an operator to the lower link, a controller to output control signals to the powered actuator to cause the powered actuator to apply an assist force to the link based upon the manual force as taught by BECKMANN. This would allow the ability for MOLLICK to have the ability lift heavy items easily and supplement a persons applied force( BECKMANN – para. 0005)
Regarding claim 2
MOLLICK / BECKMANN discloses claim 1:
BECKMANN discloses the combination of the power assisted link as taught in claim 1
The vehicle of claim 1 further comprising
a second three-point hitch hook up assist system comprising: ( where in the connecting implements can be for a front or rear 3 hitch(fig. 1a)
a second lower link having a second connection about which the second link pivots and a second implement connector; ( para. 0334 – bottom link arms 318)
a second powered actuator to pivot a second lower link; ( para. 0334 – hydraulic actuators)
a second sensor coupled to the second lower link
BECKMANN discloses:
to sense a second manual force applied by an operator to the second lower link ( para. 0048 – where in the device detect manual force to move an item)
wherein the controller is configured to output control signals to the second powered actuator to cause the second powered actuator to apply a second assist system force to the second lower link based upon the second manual force(para. 0078 – controller and para. 0069 – controller output)
Regarding claim 4
MOLLICK / BECKMANN discloses claim 1:
BECKMANN discloses the power assist combination in claim 1
4. The vehicle of claim 1, wherein the assist force is based upon a weight of the lower link. (para. 0098 – wherein weight is a factor to velocity or acceleration)
Regarding claim 5
MOLLICK / BECKMANN discloses claim 1:
BECKMANN discloses the power assist combination in claim 1
5. The vehicle of claim 1, wherein the assist force has a value to bring a resultant weight of the lower link felt by the operator, when pivoting the lower link, to null. ( para. 0091 – where in the force balance seeks to maintain constant force)
Regarding claim 6
MOLLICK / BECKMANN discloses claim 1:
BECKMANN discloses the power assist combination in claim 1
6. The vehicle of claim 1 further comprising a position sensor to sense an angular position of the lower link, wherein the control signals are based on the angular position of the lower link. (para. 0051 wherein the angle of the device determines the adjustment, with angular sensors)
Regarding claim 7
MOLLICK / BECKMANN discloses claim 1:
BECKMANN discloses the power assist combination in claim 1
7. The vehicle of claim 1, wherein the controller outputs the control signals in a closed-loop feedback comprising:
applying a powered force to the lower link; ( para. 0048 – sense, collects processes and reacts to the forces applied)
sensing a current upward force experienced by the lower link; ( para. 0048 – sense, collects processes and reacts to the forces applied)
applying the assist force to the lower link, the assist force comprising the powered force plus a difference between the powered force and the current upward force. (para. 0048 – apply resist or nothing based on force input)
Regarding claim 8
MOLLICK / BECKMANN discloses claim 1:
BECKMANN discloses the power assist combination in claim 1
8. The vehicle of claim 1, wherein the controller is configured to apply the assist force at an operator selected frequency. (para. 0092 - where in there is a separate force input not based on tension of lifting element)
Regarding claim 10
MOLLICK discloses:
10. A method for assisting an operator with manual positioning of a lower link of a three-point hitch, the method comprising:
a lower link of a three point hitch( Fig. 10, para. 0334 – bottom link arms 318)
MOLICK discloses of an upper link and two lower links but does not disclose:
sensing manual force applied to a lower link; and
applying an assist force to the lower link based upon the sensed manual force.
BECKMANN discloses:
sensing manual force applied to a lower link ( para. 0048 – where in the device detect manual force to move an item)
applying an assist force to the lower link based upon the sensed manual force. (para. 0048 – where in the device detect manual force to move an item)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MOLLICK’s three point hitch that discloses of a top link and two lower links that can be adjusted with power to utilize the ability to have a sensing manual force applied to a lower link and applying an assist force to the lower link based upon the sensed manual force as taught by BECKMANN. This would allow the ability for MOLLICK to have the ability lift heavy items easily and supplement a persons applied force( BECKMANN – para. 0005)
Regarding claim 11
MOLLICK / BECKMANN discloses claim 10:
BECKMANN discloses the power assist combination in claim 10
11. The method of claim 10 further comprising:
MOLLICK discloses:
a second lower link of a three-hitch system ( Fig. 10, para. 0334 – bottom link arms 318)
BECKMANN
sensing a second manual force applied to a second lower link
applying a second assist force to the second lower link based upon the second manual force. (para. 0048 – where in the device detect manual force to move an item)
Regarding claim 13
MOLLICK / BECKMANN discloses claim 10:
BECKMANN discloses the power assist combination in claim 10
13. The method of claim 10, wherein the assist force is based upon a weight of the lower link. (para. 0098 – wherein weight is a factor to velocity or acceleration)
Regarding claim 14
MOLLICK / BECKMANN discloses claim 10:
BECKMANN discloses the power assist combination in claim 10
14. The method of claim 10, wherein the assist force has a value to cause a resultant weight felt by the operator, during pivoting of the lower link, to be null. ( para. 0091 – where in the force balance seeks to maintain constant force)
Regarding claim 15
MOLLICK / BECKMANN discloses claim 10:
BECKMANN discloses the power assist combination in claim 10
15. The method of claim 10 further comprising sensing an angular position of the lower link, wherein the assist force is based on the angular position of the lower link. (para. 0051 wherein the angle of the device determines the adjustment, with angular sensors)
Regarding claim 16
MOLLICK / BECKMANN discloses claim 10:
BECKMANN discloses the power assist combination in claim 10
16. The method of claim 10 further comprising executing a closed-loop feedback, the closed-loop feedback comprising:
applying a powered force to the lower link; ( para. 0048 – sense, collects processes and reacts to the forces applied)
sensing a current upward force experienced by the lower link; ( para. 0048 – sense, collects processes and reacts to the forces applied)
applying the assist force to the lower link, the assist force comprising the powered force plus a difference between the powered force and the current upward force. (para. 0048 – apply resist or nothing based on force input)
Regarding claim 17
MOLLICK / BECKMANN discloses claim 10:
BECKMANN discloses the power assist combination in claim 10
17. The method of claim 10, wherein application of the assist force is at an operator selected frequency. (para. 0092 - where in there is a separate force input not based on tension of lifting element)
Regarding claim 18
MOLLICK discloses:
18. A tractor comprising:
a chassis; (para. 0003 – tractor frame)
a three-point hitch hookup assist system comprising: (fig. 1 3 point hitch system) )
a first lower link pivotably coupled to the chassis and having a first implement connector; ( fig. 10 - para. 0334 – bottom link arms 318)
a second lower link pivotably coupled to the chassis and having a second implement connector; ( fig. 10 - para. 0334 – bottom link arms 318)
an upper link pivotably coupled to the chassis and having a third implement connector; ( fig. 10 - para. 0334 –top link arm 324)
a powered actuator to pivot the first lower link; ( hydraulic cylinder – bottom arms 318)
a sensor coupled to the first lower link
a controller to output control signals to the first actuator to cause the first powered actuator
BECKMANN discloses:
a sensor coupled to the first lower link to sense a manual force applied by an operator to the first lower link; and ( para. 0048 – where in the device detect manual force to move an item)
a controller to output control signals to the first actuator(para. 0110 - actuators) to cause the first powered actuator to apply an assist system force to the first lower link based upon the sensed manual force. (para. 0078 – controller and para. 0069 – controller output)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for MOLLICK’s three point hitch that discloses of a top link and two lower links that can be adjusted with power to utilize the ability to have a sensor coupled to the first lower link to sense a manual force applied by an operator to the first lower link, a controller to output control signals to the first actuator to cause the first powered actuator to apply an assist system force to the first lower link based upon the sensed manual force as taught by BECKMANN. This would allow the ability for MOLLICK to have the ability lift heavy items easily and supplement a persons applied force( BECKMANN – para. 0005)
Regarding claim 19
MOLLICK / BECKMANN discloses claim 18:
BECKMANN discloses the combination of the power assisted link as taught in claim 18
a second three-point hitch hook up assist system comprising: ( where in the connecting implements can be for a front or rear 3 hitch(fig. 1a)
a second lower link having a second connection about which the second link pivots and a second implement connector; ( para. 0334 – bottom link arms 318)
a second powered actuator to pivot a second lower link independent of pivoting of the first lower link; ( para. 0334 – hydraulic actuators)
a second sensor coupled to the second lower link
wherein the controller is configured to output control signals to the second powered actuator to cause the second powered actuator
BECKMANN discloses:
to sense a second manual force applied by an operator to the second lower link ( para. 0048 – where in the device detect manual force to move an item)
wherein the controller is configured to output control signals to the second powered actuator to cause the second powered actuator to apply a second assist system force to the second lower link based upon the second manual force(para. 0078 – controller and para. 0069 – controller output)
Claim(s) 3, 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US PG Pub 20170290258 – Mollick et al. hereinafter as MOLLICK in view of US PG Pub 20230076909 – Beckmann et al. hereinafter as BECKMANN in view of US PG Pubs 20130180742 – Wendte et al. hereinafter as WENDTE
Regarding claim 3
MOLLICK / BECKMANN discloses claim 1:
MOLLICK discloses:
wherein the powered actuator comprises a hydraulic piston-cylinder assembly( para. 0120 – 80 hydraulic cylinder and piston assembly)
MOLLICK does not disclose
wherein the powered actuator comprises a hydraulic piston-cylinder assembly and wherein the sensor comprises a first fluid pressure sensor to sense fluid pressure on a rod side of the hydraulic piston-cylinder assembly and a second fluid pressure sensor to sense fluid pressure on a cap side of the hydraulic piston-cylinder assembly.
WENDTE discloses:
wherein the powered actuator comprises a hydraulic piston-cylinder assembly and wherein the sensor comprises a first fluid pressure sensor( pressure sensor, para. 0022) to sense fluid pressure on a rod side of the hydraulic piston-cylinder assembly and a second fluid pressure sensor to sense fluid pressure on a cap side of the hydraulic piston-cylinder assembly.( para. 0034 – where in the pressure sensor, cap side, / rod side)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention wherein MOLLICKs powered actuator comprises a hydraulic piston cylinder assembly that would be utilizing wherein the sensor comprises a first fluid pressure sensor to sense fluid pressure on a rod side of the hydraulic piston-cylinder assembly and a second fluid pressure sensor to sense fluid pressure on a cap side of the hydraulic piston-cylinder assembly as taught by WENDTE. Doing so merely constitutes the substitution of one known sensor for another to produce the predictable result of a detecting pressure within the hydraulic piston cylinder assembly (MPEP 2143, subsection I, B). Additionally, Examiner notes that WENDTE further teaches improved accuracy because of pressure measurements ( para. 0024)
Regarding claim 12
MOLLICK / BECKMANN discloses claim 10:
BECKMANN discloses the power assist combination in claim 10
12. The method of claim 10, wherein the sensing of the manual force applied to the lower link comprises sensing a change in force
MOLLICK / BECKMANN does not disclose
sensing a change in hydraulic pressure change in a piston-cylinder assembly.
WENDTE discloses:
sensing a change in hydraulic pressure change in a piston-cylinder assembly. ( para. 0034 – where in the pressure sensor, cap side, / rod side)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention wherein MOLLICKs wherein the sensing of the manual force applied to the lower link comprises sensing a change in force that would be utilizing sensing a change in hydraulic pressure change in a piston-cylinder assembly as taught by WENDTE. Doing so merely constitutes the substitution of one known sensor for another to produce the predictable result of a detecting pressure within the hydraulic piston cylinder assembly (MPEP 2143, subsection I, B). Additionally, Examiner notes that WENDTE further teaches improved accuracy because of pressure measurements ( para. 0024)
Regarding claim 20
MOLLICK / BECKMANN discloses claim 18:
MOLLICK / BECKMANN does not disclose:
a directional control valve, wherein the powered actuator comprises a hydraulic cylinder-piston assembly comprising a piston, wherein the sensor is configured to sense a first fluid pressure on a first side of the piston and a second fluid pressure on a second side of the piston, and wherein the controller is configured to: output control signals directing the directional control valve to supply additional hydraulic fluid to the second side of the piston in response to the first fluid pressure being greater than the second fluid pressure; output control signals directing the directional control valve to supply additional hydraulic fluid to the first side of the piston in response to the second fluid pressure being greater than the first fluid pressure; and discontinue supply of hydraulic fluid to either the first side of the piston or the second side of the piston in response to the first fluid pressure equaling the second fluid pressure.
WENDTE discloses:
a directional control valve,( para. 0033 - directional control valve) wherein the powered actuator comprises a hydraulic cylinder-piston assembly comprising a piston(para. 0034 - directional control valve – piston), wherein the sensor is configured to sense a first fluid pressure on a first side of the piston ( para. 0029 - pressure sensor) and a second fluid pressure on a second side of the piston, ( para. 0029 – output from pressure sensor) and wherein the controller is configured to: output control signals directing the directional control valve to supply additional hydraulic fluid to the second side of the piston in response to the first fluid pressure being greater than the second fluid pressure; output control signals directing the directional control valve to supply additional hydraulic fluid to the first side of the piston in response to the second fluid pressure being greater than the first fluid pressure; (controller receives signals of pressure signals with regard to directional control valve)and discontinue supply of hydraulic fluid to either the first side of the piston or the second side of the piston in response to the first fluid pressure equaling the second fluid pressure. ( controller determined to adjust the position of depth control valve)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention wherein MOLLICKs needing to detect forces to apply force would utilize a directional control valve, wherein the powered actuator comprises a hydraulic cylinder-piston assembly comprising a piston, wherein the sensor is configured to sense a first fluid pressure on a first side of the piston and a second fluid pressure on a second side of the piston, and wherein the controller is configured to: output control signals directing the directional control valve to supply additional hydraulic fluid to the second side of the piston in response to the first fluid pressure being greater than the second fluid pressure, output control signals directing the directional control valve to supply additional hydraulic fluid to the first side of the piston in response to the second fluid pressure being greater than the first fluid pressure, and discontinue supply of hydraulic fluid to either the first side of the piston or the second side of the piston in response to the first fluid pressure equaling the second fluid pressure as taught by WENDTE. Doing so merely constitutes the substitution of one known sensor for another to produce the predictable result of a detecting pressure within the hydraulic piston cylinder assembly (MPEP 2143, subsection I, B). Additionally, Examiner notes that WENDTE further teaches improved accuracy because of pressure measurements (WENDTE - para. 0024)
Allowable subject matter
While agricultural three point hitches are known ( MOLLICK / BECKMANN / WENDTE) such references do not disclose the specifics regarding the detail of a sensor to output operator presence signals indicating presence of an operator proximate to the lower link, wherein the controller is configured to apply the assist force in response to the vehicle being in a hookup assist mode and wherein the controller is configured to enter the hookup assist mode based upon operator presence signals.
Such a modification would require too significant of a redesign and would constitute an improper degree of hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CA2971616 – Honey – tillage apparatus – directional control valve
US PG Pub 20210301486 – Favorito – gravity assist design
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/A.H.T/Examiner, Art Unit 3671
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676