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 .
This is a Final Action on the Merits. Claims 1-13 are currently pending and are addressed below.
Response to Amendments
The amendment filed on June 17th, 2026 has been considered and entered. Accordingly, claims 1-3 have been amended.
Response to Arguments
The rejection of claims 1-13 under 35 USC 112(b) has been overcome due to the applicant’s amendments.
The applicant’s arguments with respect to claims 1-13 have been considered but are moot in view of the newly formulated grounds of rejection necessitated by the applicant’s amendments.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5, and 7 are rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Ono (US 20190163190 A1) (“Ono”).
With respect to claim 1, Aizawa teaches a path setting system for use in a working machine including a lower travelling body, an upper slewing body mounted on the lower travelling body slewably about a slewing central axis extending in a vertical direction, and an attachment mounted on the upper slewing body to perform a work including taking a first part of a working target, the path setting system for setting a target path of an attachment specific portion being a specific portion of the attachment, comprising: a drive control part that controls an actuator that drives the working machine (See at least Aizawa FIG. 2 and Paragraph 37 “FIG. 2 is a side view of the work machine 1. As illustrated in FIG. 2, the work machine 1 includes a vehicle body 11 and a work implement 12. The vehicle body 11 includes a rotating body 13 and a traveling body 14. The rotating body 13 is rotatably attached to the traveling body 14. A cab 15 is disposed on the rotating body 13. However, the cab 15 may be omitted. The traveling body 14 includes crawler belts 16. The crawler belts 16 are driven by driving force from an engine 24 described later, whereby the work machine 1 travel”).
a three-dimensional information acquisition part that acquires three-dimensional information on comprising circuitry configured to acquire a depth map of an obstacle specific portion being a specific portion of an obstacle around the attachment, and detects three-dimensional information about a position of the obstacle specific portion based on the depth map; and (See at least Aizawa Paragraphs 51-52 “The work machine 1 includes a topography sensor 35. The topography sensor 35 measures a topography in a periphery of the work machine 1 and outputs topography data indicative of the topography measured by the topography sensor 35. In the present embodiment, the topography sensor 35 is attached to a side part of the rotating body 13. The topography sensor 35 measures the topography located to the side of the rotating body 13. The topography sensor 35 is, for example, a laser imaging detection and ranging (LIDAR) device. The LIDAR device measures the distances to a plurality of measurement points on the topography by irradiating a laser and measuring the reflected light thereof. The topography data indicates the positions of the measurement points with respect to the work machine 1. The work machine 1 includes a first camera 36 and a plurality of second cameras 37. The first camera 36 faces forward from the rotating body 13 and is attached to the rotating body 13. The first camera 36 captures toward the front of the rotating body 13. The first camera 36 is a stereo camera. The first camera 36 outputs first image data indicative of captured moving images” | Paragraph 71 “In step S104, the controller 27 executes image processing 1. The image processing 1 detects the presence of a person in the periphery of the work machine 1 with image recognition technology based on the first image data and the second image data. Therefore, the first camera 36 and the second cameras 37 correspond to a person detection device that detects the presence of a person in a region in the periphery of the work machine 1”).
Aizawa fails to explicitly disclose that the obstacle includes a second part of the working target other than the first part taken by the attachment; a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point, the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path, wherein the controller determines whether a three-dimensional positional information of a line connecting the start point of the target path and the end point of the target path overlaps with a three-dimensional position of the obstacle specific portion based on the basis of an acquired result by the three-dimensional information acquisition part the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination; the controller sets an avoidance path as the target path as a result of the determination that the three-dimensional positional information of the line connecting the start point of the target path and the end point of the target path overlaps with the three-dimensional position of the obstacle specific portion, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle; the controller sets a non-avoidance path as the target path as a result of the determination that the three-dimensional positional information of the line connecting the start point and of the end point does not overlap with the three-dimensional position of the obstacle specific portion, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to an avoidance operation; and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller
Kyu teaches a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point; the controller determines whether a three-dimensional position of the obstacle specific portion exists or not in the target path (See at least Kyu Paragraph 30 “The apparatus control unit 300 generates a shortest movement path in the shortest movement path generation unit 20 when a predetermined operation signal of the operation apparatus is input from the operation signal input unit 304. [ Thereafter, the obstacle detecting unit 40 detects whether an obstacle exists on the generated route through the obstacle sensor unit 305. If there is an obstacle as a result of detection, the obstacle avoidance path generation unit 60 changes the motion path of the work equipment to minimize the energy consumption among the motion paths of the work equipment capable of avoiding obstacles. Thereafter, the equipment control unit 300 controls the corresponding work equipment to be driven through the work equipment drive unit 30 so as to move to the changed motion path of the corresponding work equipment.”),
the controller sets an avoidance path as the target path as a result of the determination that the three-dimensional position of the obstacle specific portion is determined to exist exists in the target path, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle (See at least Kyu Paragraphs 38-42 “Accordingly, in step 411 where the obstacle is detected, the equipment control unit 300 first checks whether the obstacle avoidance is possible by changing the motion path of the arm. The motion path of the arm can be generated through the obstacle avoidance program using the distance, height, size information and shortest travel route information of the currently detected obstacle as variables. 411If it is determined that the obstacle can be avoided by changing the motion path of the arm as a result of the step check, the motion path of the arm is changed in step 416, However, if it is determined in step 411 that the obstacle avoidance is not possible due to the motion path change of the arm, the flow advances to step 418 to check whether the obstacle avoidance is possible by changing the motion path of the boom. The motion path of the boom can be generated through the obstacle avoidance program using the distance, height, size information and the shortest movement route information of the currently detected obstacle as a method of generating the motion path of the arm. 418If it is determined that the obstacle can be avoided by changing the motion path of the boom as a result of the step check, the motion path of the boom is changed to the step 420, If it is determined in step 418 that the obstacle avoidance is impossible due to the change of the motion path of the boom, the flow advances to step 422 to check whether the obstacle avoidance is possible by changing the motion path of the arm and the boom. That is, it is to check whether the obstacle can be avoided by changing the motion path of the arm or changing the motion path of the boom or changing the motion path of the boom with the arm”),
the controller sets a non-avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined does not exist in the target path, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to an avoidance operation (See at least Kyu Paragraph 36 “If it is determined that an obstacle exists, the process proceeds to step 411. Otherwise, the process proceeds to step 412 to move the front part according to a motion path of a swing, a boom, and an arm . That is, the equipment control unit 300 moves the front part according to the shortest movement path generated in step 406”).
and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller (See at least Kyu Paragraphs 36-43)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa to include a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point; the controller determines whether a three-dimensional position of the obstacle specific portion exists or not in the target path; the controller sets an avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined to exist exists in the target path, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle; the controller sets a non-avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined does not exist in the target path, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to an avoidance operation; and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller, as taught by Kyu as disclosed above, in order to ensure that the working machine moves safely in its environment (Kyu Paragraph 9 “Accordingly, it is an object of the present invention to provide an obstacle avoidance control device capable of automatically avoiding an obstacle when there is a geographical fixed obstacle or an unexpected human / physical obstacle in a construction equipment, thereby improving work efficiency”).
Aizawa in view of Kyu fail to explicitly disclose that the obstacle includes a second part of the working target other than the first part taken by the attachment; that the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path; and that the obstacle is detected based on the controller determines whether a three-dimensional positional information of a line connecting the start point of the target path and the end point of the target path overlaps with a three-dimensional position of the obstacle specific portion based on the basis of an acquired result by the three-dimensional information acquisition part the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, and sets the target path depending on the determination.
Ono teaches that the obstacle includes a second part of the working target other than the first part taken by the attachment; that the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path; and that the obstacle is detected based on the controller determines whether a three-dimensional positional information of a line connecting the start point of the target path and the end point of the target path overlaps with a three-dimensional position of the obstacle specific portion based on the basis of an acquired result by the three-dimensional information acquisition part the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, and sets the target path depending on the determination (See at least Ono FIGS. 5-10 and Paragraphs 49-53 “FIG. 10 illustrates a flowchart of control of autonomous driving. When the autonomous driving is started, the implement 200 attached before the start of traveling is recognized by the automated driving ECU 150 (step S1). Upon recognition of the implement 200, the automated driving ECU 150 produces the work vehicle profile information D5 from the traveling vehicle profile information D1 and the implement profile information D2 (step S2). According to the produced work vehicle profile information D5, a predicted position of the work vehicle profile information D5 sometime later is calculated for example from the traveling state including the speed, steering angle, etc. (step S3). The automated driving ECU 150 determines whether the obstacle (P, E, U) detected by the obstacle sensor 105 interferes with the calculated predicted position (step S4), and if there is no interference, traveling is continued while continuing to calculate predicted positions (returns to step S3). If interference with an obstacle is predicted, the obstacle position information D4 preliminarily stored is referred to with respect to the position of the obstacle (P, E, U) detected by the obstacle sensor 105 (step S5), and it is determined whether the obstacle position information D4 includes the obstacle (step S6). If it does, avoidance driving is carried out (step S7), and the autonomous driving is continued (returns to step S3). If the obstacle has not been stored, the traveling by autonomous driving is stopped (step S8). With the configurations described here, even when the different implements 200 r, 200 f are attached to the tractor 1, when running on the same travel trajectory R1, the tractor 1 recognizes the attached implement 200, and travels on a new travel path R2 by changing the travel path R1 corresponding to the implement 200, and therefore, even when the implements 200 r, 200 f of different shapes are attached, contact with the obstacles P, E is avoided in the autonomous traveling, and work is efficiently performed. Also, the obstacles P, E are avoided while the machine recognizes the work vehicle profile information D5 of the attached implement 200 including the implement profile information D2, and therefore, even when the implements 200 r, 200 f of different shapes are attached, contact with the obstacles P, E is avoided in the autonomous traveling, and work is efficiently performed.” ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu to include that the obstacle includes a second part of the working target other than the first part taken by the attachment; that the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path; and that the obstacle is detected based on the controller determines whether a three-dimensional positional information of a line connecting the start point of the target path and the end point of the target path overlaps with a three-dimensional position of the obstacle specific portion based on the basis of an acquired result by the three-dimensional information acquisition part the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, and sets the target path depending on the determination, an, as taught by Ono as disclosed above, such that the target path is set depending on the determination, in order to ensure accurate vehicle movement (Ono Paragraph 5 “An object of the present disclosure is to provide a work vehicle allowing for safe work, while avoiding expected obstacles. In some embodiments of the present disclosure, the following aspects may be useful to achieve the above object.”).
With respect to claim 5, Aizawa in view of Kyu in view of Ono teach that the obstacle has the shape of a mountain and the three-dimensional information acquisition part sets, a top of the obstacle as the obstacle specific portion (See at least Kyu Paragraphs 67-68 “Referring to FIG. 9A, since it is a low obstacle, the obstacle can not be avoided even if the motion path adjustment of the arm is performed in the present working equipment state. That is, since the motion path adjustment of the arm is not possible, the arm is fixed, and the profile for avoiding obstacles is created by changing the path of the boom and the swing. In this case, the turn locus can be shown as (b) in FIG. 9A and (c) in FIG. 9B. In the range (d) where the obstacle exists while turning from the point A to the point B, When the obstacle is outside the range (d), the boom is lowered to the point B before it is lifted up again. The motion path trajectory of the boom can be represented as 800 in (c). That is, it can be seen that the obstacle is avoided by changing the path of the boom and the swing.”).
With respect to claim 7, Aizawa in view of Kyu in view of Nishizawa teach that the avoidance operation is a motion of the attachment moving along a level higher than the obstacle specific portion to pass over a position of the obstacle specific portion from a position above the start point (See at least Kyu Paragraphs 67-68 “Referring to FIG. 9A, since it is a low obstacle, the obstacle can not be avoided even if the motion path adjustment of the arm is performed in the present working equipment state. That is, since the motion path adjustment of the arm is not possible, the arm is fixed, and the profile for avoiding obstacles is created by changing the path of the boom and the swing. In this case, the turn locus can be shown as (b) in FIG. 9A and (c) in FIG. 9B. In the range (d) where the obstacle exists while turning from the point A to the point B, When the obstacle is outside the range (d), the boom is lowered to the point B before it is lifted up again. The motion path trajectory of the boom can be represented as 800 in (c). That is, it can be seen that the obstacle is avoided by changing the path of the boom and the swing”).
Claim 2 is rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Nishizawa (US 20200048871 A1) (“Nishizawa”) in view of Wu (US 20150142276 A1) (“Wu”) in view of Kinoshita (US 20190170879 A1) (“Kinoshita”).
With respect to claim 2, Aizawa teaches a path setting system for use in a working machine including a lower travelling body, an upper slewing body mounted on the lower travelling body slewably about a slewing central axis extending in a vertical direction, and an attachment mounted on the upper slewing body to perform a work including taking a first part of a working target, the path setting system for setting a target path of an attachment specific portion being a specific portion of the attachment, comprising: a drive control part that controls an actuator that drives the working machine (See at least Aizawa FIG. 2 and Paragraph 37 “FIG. 2 is a side view of the work machine 1. As illustrated in FIG. 2, the work machine 1 includes a vehicle body 11 and a work implement 12. The vehicle body 11 includes a rotating body 13 and a traveling body 14. The rotating body 13 is rotatably attached to the traveling body 14. A cab 15 is disposed on the rotating body 13. However, the cab 15 may be omitted. The traveling body 14 includes crawler belts 16. The crawler belts 16 are driven by driving force from an engine 24 described later, whereby the work machine 1 travel”).
a three-dimensional information acquisition part comprising circuitry configured to acquire a depth map of an obstacle specific portion being a specific portion of an obstacle around the attachment, and detects three-dimensional information about a position of the obstacle specific portion based on the depth map: (See at least Aizawa Paragraphs 51-52 “The work machine 1 includes a topography sensor 35. The topography sensor 35 measures a topography in a periphery of the work machine 1 and outputs topography data indicative of the topography measured by the topography sensor 35. In the present embodiment, the topography sensor 35 is attached to a side part of the rotating body 13. The topography sensor 35 measures the topography located to the side of the rotating body 13. The topography sensor 35 is, for example, a laser imaging detection and ranging (LIDAR) device. The LIDAR device measures the distances to a plurality of measurement points on the topography by irradiating a laser and measuring the reflected light thereof. The topography data indicates the positions of the measurement points with respect to the work machine 1. The work machine 1 includes a first camera 36 and a plurality of second cameras 37. The first camera 36 faces forward from the rotating body 13 and is attached to the rotating body 13. The first camera 36 captures toward the front of the rotating body 13. The first camera 36 is a stereo camera. The first camera 36 outputs first image data indicative of captured moving images” | Paragraph 71 “In step S104, the controller 27 executes image processing 1. The image processing 1 detects the presence of a person in the periphery of the work machine 1 with image recognition technology based on the first image data and the second image data. Therefore, the first camera 36 and the second cameras 37 correspond to a person detection device that detects the presence of a person in a region in the periphery of the work machine 1”).
Aizawa fails to explicitly disclose that the obstacle includes a second part of the working target other than the first part taken by the attachment specific portion from a predetermined start point to a predetermined end point, the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path, wherein the controller acquires a start point slewing angle, an end point slewing angle, and an obstacle slewing angle, the start point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the start point, the end point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the end point, the obstacle slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the obstacle specific portion the controller determines whether the obstacle stewing angle satisfies a condition that the obstacle slewing angle is greater than the start point slewing angle and less than the end point slewing angle based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, the controller sets an avoidance path as the target path as a result of the determination that the obstacle slewing angle satisfies the condition that the obstacle slewing angle is greater than the start point slewing angle and less than the end point slewing angle, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle, the controller sets a non-avoidance path as the target path as a result of the determination that the obstacle slewing angle does not satisfy the condition that the obstacle slewing angle is greater than the start point slewing angle and the end point slewing angle, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to the avoidance operation, and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller..
Kyu teaches a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point; the controller determines whether a three-dimensional position of the obstacle specific portion exists or not in the target path (See at least Kyu Paragraph 30 “The apparatus control unit 300 generates a shortest movement path in the shortest movement path generation unit 20 when a predetermined operation signal of the operation apparatus is input from the operation signal input unit 304. [ Thereafter, the obstacle detecting unit 40 detects whether an obstacle exists on the generated route through the obstacle sensor unit 305. If there is an obstacle as a result of detection, the obstacle avoidance path generation unit 60 changes the motion path of the work equipment to minimize the energy consumption among the motion paths of the work equipment capable of avoiding obstacles. Thereafter, the equipment control unit 300 controls the corresponding work equipment to be driven through the work equipment drive unit 30 so as to move to the changed motion path of the corresponding work equipment.”),
the controller sets an avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined to exist exists in the target path, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle (See at least Kyu Paragraphs 38-42 “Accordingly, in step 411 where the obstacle is detected, the equipment control unit 300 first checks whether the obstacle avoidance is possible by changing the motion path of the arm. The motion path of the arm can be generated through the obstacle avoidance program using the distance, height, size information and shortest travel route information of the currently detected obstacle as variables. 411If it is determined that the obstacle can be avoided by changing the motion path of the arm as a result of the step check, the motion path of the arm is changed in step 416, However, if it is determined in step 411 that the obstacle avoidance is not possible due to the motion path change of the arm, the flow advances to step 418 to check whether the obstacle avoidance is possible by changing the motion path of the boom. The motion path of the boom can be generated through the obstacle avoidance program using the distance, height, size information and the shortest movement route information of the currently detected obstacle as a method of generating the motion path of the arm. 418If it is determined that the obstacle can be avoided by changing the motion path of the boom as a result of the step check, the motion path of the boom is changed to the step 420, If it is determined in step 418 that the obstacle avoidance is impossible due to the change of the motion path of the boom, the flow advances to step 422 to check whether the obstacle avoidance is possible by changing the motion path of the arm and the boom. That is, it is to check whether the obstacle can be avoided by changing the motion path of the arm or changing the motion path of the boom or changing the motion path of the boom with the arm”),
the controller sets a non-avoidance path as the target path as a result of the determination that the three-dimensional position of the obstacle specific portion is determined does not exist in the target path, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to an avoidance operation (See at least Kyu Paragraph 36 “If it is determined that an obstacle exists, the process proceeds to step 411. Otherwise, the process proceeds to step 412 to move the front part according to a motion path of a swing, a boom, and an arm . That is, the equipment control unit 300 moves the front part according to the shortest movement path generated in step 406”).
and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller (See at least Kyu Paragraphs 36-43)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa to include a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point; the controller determines whether a three-dimensional position of the obstacle specific portion exists or not in the target path; the controller sets an avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined to exist exists in the target path, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle; the controller sets a non-avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined does not exist in the target path, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to an avoidance operation; and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller, as taught by Kyu as disclosed above, in order to ensure that the working machine moves safely in its environment (Kyu Paragraph 9 “Accordingly, it is an object of the present invention to provide an obstacle avoidance control device capable of automatically avoiding an obstacle when there is a geographical fixed obstacle or an unexpected human / physical obstacle in a construction equipment, thereby improving work efficiency”).
Aizawa in view of Kyu fail to explicitly disclose that the obstacle includes a second part of the working target other than the first part taken by the attachment specific portion from a predetermined start point to a predetermined end point, the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path, wherein the controller acquires a start point slewing angle, an end point slewing angle, and an obstacle slewing angle, the start point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the start point, the end point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the end point, the obstacle slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the obstacle specific portion the controller determines whether the obstacle stewing angle satisfies a condition that the obstacle slewing angle is greater than the start point slewing angle and less than the end point slewing angle based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination.
Nishizawa teaches that that the obstacle includes a second part of the working target other than the first part taken by the attachment specific portion from a predetermined start point to a predetermined end point, the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path; and the controller determines whether a three-dimensional position of the obstacle specific portion exists in a range between a three-dimensional position of the start point of the target path and a three-dimensional position of the end point of the target path based on the three- dimensional information of the obstacle specific portion (See at least Nishizawa FIGS. 4A-8, 13, 15, and 17-18 and Paragraphs 58-60 “The surrounding monitoring device 200 includes an obstacle information acquisition section 211, a terrain information acquisition section 221, a machine state acquisition section 231, a terrain information reliability evaluation section 222, a working region setting section 223, an operation state determination section 232, a proximity calculation section 224, and an operation instruction section 241. The obstacle information acquisition section 211 acquires positional information in the vehicle-body coordinate system 900, regarding each obstacle detected by the external recognition sensor 156 which is an obstacle sensor that detects obstacles around the hydraulic excavator 100. The obstacle information acquisition section 211 also converts the terrain data to the vehicle-body coordinate system 900 to obtain terrain data in the vehicle-body coordinate system 900. Also, the terrain information reliability evaluation section 222 acquires reliability information for each position from the terrain information.” | Paragraphs 140-144 “The proximity calculation processing by the proximity calculation section 224 is described in detail. FIG. 18 is a processing flow of the proximity calculation processing by the proximity calculation section 224 according to the embodiment. The proximity calculation section 224 determines the level of proximity based on whether or not an obstacle of interest to be determined exists within the working region 511, and when it exists within the working region 511, based on an arrival time of the bucket 113 to the obstacle of interest, and/or the like. In the embodiment, for example, the proximity calculation section 224 uses Tttc as an arrival time of the multijoint front working device 110 to the obstacle of interest for determination. It is noted that arrival time Tttc is calculated form the following equation (1). Tttc=cos−1(Xm/√{square root over ((Xm2+Ym2))/ωbkt)} (1)where Xm, Ym are x, y coordinates of the obstacle of interest in the vehicle-body coordinate system, and ωbkt is an operation state, i.e., a swing angular speed of the multijoint front working device 110. The proximity calculation processing is described below by using as an example the case where the proximity calculation section 224 sets level 1, level 2, level 3 as described below. Here, level 1 is set where an obstacle is within the working region 511 and the arrival time Tttc is equal to or less than a predetermined threshold Tth. Level 2 is set where an obstacle is within the working region 511 and the arrival time Tttc is greater than a predetermined threshold. Level 3 is set where an obstacle is without the working region 511 … Initially, the proximity calculation section 224 determines the presence/absence of an obstacle around the hydraulic excavator 100 by use of the converted obstacle information 311. Here, for example, the proximity calculation section 224 uses the number of obstacle Mobj and/or the like for determination.” ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu to include that that the obstacle includes a second part of the working target other than the first part taken by the attachment specific portion from a predetermined start point to a predetermined end point, the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path; and the controller determines whether a three-dimensional position of the obstacle specific portion exists in a range between a three-dimensional position of the start point of the target path and a three-dimensional position of the end point of the target path based on the three- dimensional information of the obstacle specific portion, an, as taught by Nishizawa as disclosed above, such that the target path is set depending on the determination, in order to ensure accurate vehicle movement (Nishizawa Paragraph 5 “The present invention has been achieved in view of the above-mentioned circumstances, and it is an object thereof to provide a technique to improve work efficiency while performing necessary and sufficient monitoring on the surroundings of a working machine”).
Aizawa in view of Kyu in view of Nishizawa fail to explicitly disclose wherein the controller acquires a start point slewing angle, an end point slewing angle, and an obstacle slewing angle, the start point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the start point, the end point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the end point, the obstacle slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the obstacle specific portion the controller determines whether the obstacle stewing angle satisfies a condition that the obstacle slewing angle is greater than the start point slewing angle and less than the end point slewing angle based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination.
Wu teaches the controller acquires a start point slewing angle, an end point slewing angle, and an obstacle slewing angle, the start point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the start point, the end point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the end point, the obstacle slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the obstacle specific portion (See at least Wu FIGS. 1, 12, and 18-20 and Paragraph 53 “A plurality of, for example, four obstacle detectors 7 are attached to the swiveling body 2. The obstacle detectors 7 detect an obstacle around the swiveling body 2. A worker, a dump truck or the like can be exemplified as an example of the obstacle. For example, a transmitter 11 is attached to a helmet 10 of the worker. For example, an omnidirectional marker light emitter is employed for the transmitter 11. For example, a CCD camera acquiring an image of the transmitter 11 is employed for the obstacle detector 7. It is possible to calculate a position of the transmitter 11 by imaging one transmitter 11 with a plurality of obstacle detectors 7. Since the obstacle detectors 7 are attached to the swiveling body 2, a relative position of the transmitter 11 with respect to the swiveling body 2 as a reference, that is, a relative position of the obstacle is calculated.” | Paragraphs 60-61 “The description will be continued returning back to FIG. 4. Detected signals of the obstacle detectors 7 are input to a position calculation unit 33 of the control device 30. The position calculation unit 33 analyzes the detected signals that are input to obtain a position of the obstacle. In the xyz-rectangular coordinate system illustrated in FIG. 1, for example, the position of the obstacle is expressed by a distance r between the origin and the obstacle, and by an azimuth angle θ in which an azimuth of x-axis is set as 0°. The coordinates (r, θ) are a relative position with respect to the attachment 4 of the swiveling body 2 as a reference. Since the detectors 7 are mounted on the swiveling body 2, even if the swiveling body 2 swivels, it is possible to directly calculate the azimuth angle θ through the detectors 7. The obtained positional coordinates (r, θ) of the obstacle is input to an emergency determination unit 34. The emergency determination unit 34 determines emergency level based on the input coordinates (r, θ) of the obstacle. If the obstacle is present inside the first monitoring region 5 illustrated in FIG. 1, the emergency level is set to a level E. If the obstacle is not present inside the first monitoring region 5, the emergency level is set to a level N”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa to include that the controller acquires a start point slewing angle, an end point slewing angle, and an obstacle slewing angle, the start point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the start point, the end point slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the end point, the obstacle slewing angle being a slewing angle of the upper slewing body with respect to the lower travelling body at a position of the attachment specific portion that corresponds to the obstacle specific portion, as taught by Wu as disclosed above, in order to ensure an accurate detection of large obstacles (Wu Paragraph 4 “ In order to avoid danger, there is a need for technology of stopping a swiveling operation more safely.”).
Aizawa in view of Kyu in view of Nishizawa in view of Wu fail to explicitly disclose that the controller determines whether the obstacle stewing angle satisfies a condition that the obstacle slewing angle is greater than the start point slewing angle and less than the end point slewing angle based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination.
Kinoshita teaches that the controller determines whether the obstacle stewing angle satisfies a condition that the obstacle slewing angle is greater than the start point slewing angle and less than the end point slewing angle based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination (See at least Kinoshita Paragraphs 81-91 “FIG. 10 is a flowchart showing a process of the obstacle detection device according to the embodiment of the present invention. This flowchart is executed, for example, when the obstacle determination section 221 detects an object in the distance image acquired by the distance measuring sensor 40. First, the angle sensor 210 detects the slewing angle α (S101). Next, the obstacle determination section 221 sets the monitoring regions R-1, R-2, and R-3 according to the slewing angle α. Here, if the method 1 is adopted, the view angle β is adjusted so that the lower travelling body 2 is not included, whereby the monitoring regions R-1, R-2, R-3 are set. Also, if the method 2 is adopted, the monitoring regions R-1, R-2, and R-3 are set so that the exclusion regions D-1, D-2, and D-3 are excluded in the distance image. Next, the obstacle determination section 221 determines whether the object has entered the monitoring region R-1 or R-2 (S103). Here, the obstacle determination section 221 detects, as a single object, a group of pixel groups whose distances are continuous in the distance image. If a part of the object has entered the monitoring region R-1 or R-2, the obstacle determination section 221 may determine that the object has entered the monitoring region R-1 or R-2. Then, the obstacle determination section 221 determines the object that has entered the monitoring region R-1 or R-2 as an obstacle. This also applies to the monitoring region R-3. If the object has entered the monitoring region R-1 or R-2 (YES in S103), the obstacle determination section 221 determines whether or not the upper slewing body 3 and the lower travelling body 2 are oriented in the same direction (S106). Here, the same direction means that the slewing angle α is substantially 0 degrees. The substantially 0 degrees means that the slewing angle α is not limited to 0 degrees and includes an angular range obtained by adding a constant margin in a plus direction and a minus direction with respect to the 0 degrees. As the margin, for example, as shown in section (a) of FIG. 6, it is possible to adopt an angle so that, even if the upper slewing body 3 slightly slews, the upper slewing body 3 does not protrude from the lower travelling body 2 in the left-right direction … If the object has not entered the monitoring region R-1 or R-2 (NO in S103) but has entered the monitoring region R-3 (YES in S104), the obstacle determination section 221 determines that the object is an obstacle, and determines whether or not the upper slewing body 3 and the lower travelling body 2 are in a lateral posture (S105). Here, the lateral posture means that an absolute value of the slewing angle α is substantially 90 degrees. The substantially 90 degrees means that the absolute value of the slewing angle α is not limited to 90 degrees and includes an angular range obtained by adding a certain margin in the plus direction and the minus direction with respect to 90 degrees. As the margin, for example, an angle within a range of 1 to 10 degrees can be adopted, but this is only an example.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa in view of Wu to include that the controller determines whether the obstacle stewing angle satisfies a condition that the obstacle slewing angle is greater than the start point slewing angle and less than the end point slewing angle based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, as taught by Kinoshita as disclosed above, such that the obstacle avoidance path and non-avoidance path is determined based on whether the obstacle slewing angle exists in a range between a start point slewing angle and an end point slewing angle based on the three-dimensional information of the obstacle specific portion, in order to ensure an accurate detection of large obstacles (Kinoshita Paragraph 6 “An object of the present invention is to provide an obstacle detection device which prevents a component of a construction machine from being detected as an obstacle and an operation stop of the construction machine from being excessively performed.”).
Claim 3 is rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Nishizawa (US 20200048871 A1) (“Nishizawa”) in view of Kawagoe (US 20070032904 A1) (“Kawagoe”) in view of Iwase (JP 2019170312 A) (“Iwase”) (Translation Attached).
With respect to claim 3, Aizawa teaches a path setting system for use in a working machine including a lower travelling body, an upper slewing body mounted on the lower travelling body slewably about a slewing central axis extending in a vertical direction, and an attachment mounted on the upper slewing body to perform a work including taking a first part of a working target, the path setting system for setting a target path of an attachment specific portion being a specific portion of the attachment, comprising: a drive control part that controls an actuator that drives the working machine (See at least Aizawa FIG. 2 and Paragraph 37 “FIG. 2 is a side view of the work machine 1. As illustrated in FIG. 2, the work machine 1 includes a vehicle body 11 and a work implement 12. The vehicle body 11 includes a rotating body 13 and a traveling body 14. The rotating body 13 is rotatably attached to the traveling body 14. A cab 15 is disposed on the rotating body 13. However, the cab 15 may be omitted. The traveling body 14 includes crawler belts 16. The crawler belts 16 are driven by driving force from an engine 24 described later, whereby the work machine 1 travel”).
a three-dimensional information acquisition part comprising circuitry configured to acquire a depth map of an obstacle specific portion being a specific portion of an obstacle around the attachment, and detects three-dimensional information about a position of the obstacle specific portion based on the depth map: (See at least Aizawa Paragraphs 51-52 “The work machine 1 includes a topography sensor 35. The topography sensor 35 measures a topography in a periphery of the work machine 1 and outputs topography data indicative of the topography measured by the topography sensor 35. In the present embodiment, the topography sensor 35 is attached to a side part of the rotating body 13. The topography sensor 35 measures the topography located to the side of the rotating body 13. The topography sensor 35 is, for example, a laser imaging detection and ranging (LIDAR) device. The LIDAR device measures the distances to a plurality of measurement points on the topography by irradiating a laser and measuring the reflected light thereof. The topography data indicates the positions of the measurement points with respect to the work machine 1. The work machine 1 includes a first camera 36 and a plurality of second cameras 37. The first camera 36 faces forward from the rotating body 13 and is attached to the rotating body 13. The first camera 36 captures toward the front of the rotating body 13. The first camera 36 is a stereo camera. The first camera 36 outputs first image data indicative of captured moving images” | Paragraph 71 “In step S104, the controller 27 executes image processing 1. The image processing 1 detects the presence of a person in the periphery of the work machine 1 with image recognition technology based on the first image data and the second image data. Therefore, the first camera 36 and the second cameras 37 correspond to a person detection device that detects the presence of a person in a region in the periphery of the work machine 1”).
Aizawa fails to explicitly disclose a controller that the obstacle including a second part of the working target other than the first part taken by the attachment; and a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point, the start point being a start point of movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path, wherein the controller determines, before the drive control part moves the attachment specific portion in response to the target path, whether an obstacle longitudinal position exists in a range between a start point longitudinal position and an end point longitudinal position based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body, the controller sets an avoidance path as the target path as a result of the determination that the obstacle longitudinal position exists in the range between the start point longitudinal position and the end point longitudinal position, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle, the controller sets a non-avoidance path as the target path as a result of the determination that the obstacle longitudinal position does not exist in the range between the start point longitudinal position and the end point longitudinal position, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to the avoidance operation, the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller, and the avoidance operation is a motion of the attachment moving along a level higher than the obstacle specific portion to pass over a position of the obstacle specific portion from a position above the start point.
Kyu teaches a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point; the controller determines whether a three-dimensional position of the obstacle specific portion exists or not in the target path (See at least Kyu Paragraph 30 “The apparatus control unit 300 generates a shortest movement path in the shortest movement path generation unit 20 when a predetermined operation signal of the operation apparatus is input from the operation signal input unit 304. [ Thereafter, the obstacle detecting unit 40 detects whether an obstacle exists on the generated route through the obstacle sensor unit 305. If there is an obstacle as a result of detection, the obstacle avoidance path generation unit 60 changes the motion path of the work equipment to minimize the energy consumption among the motion paths of the work equipment capable of avoiding obstacles. Thereafter, the equipment control unit 300 controls the corresponding work equipment to be driven through the work equipment drive unit 30 so as to move to the changed motion path of the corresponding work equipment.”),
the controller sets an avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined to exist exists in the target path, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle (See at least Kyu Paragraphs 38-42 “Accordingly, in step 411 where the obstacle is detected, the equipment control unit 300 first checks whether the obstacle avoidance is possible by changing the motion path of the arm. The motion path of the arm can be generated through the obstacle avoidance program using the distance, height, size information and shortest travel route information of the currently detected obstacle as variables. 411If it is determined that the obstacle can be avoided by changing the motion path of the arm as a result of the step check, the motion path of the arm is changed in step 416, However, if it is determined in step 411 that the obstacle avoidance is not possible due to the motion path change of the arm, the flow advances to step 418 to check whether the obstacle avoidance is possible by changing the motion path of the boom. The motion path of the boom can be generated through the obstacle avoidance program using the distance, height, size information and the shortest movement route information of the currently detected obstacle as a method of generating the motion path of the arm. 418If it is determined that the obstacle can be avoided by changing the motion path of the boom as a result of the step check, the motion path of the boom is changed to the step 420, If it is determined in step 418 that the obstacle avoidance is impossible due to the change of the motion path of the boom, the flow advances to step 422 to check whether the obstacle avoidance is possible by changing the motion path of the arm and the boom. That is, it is to check whether the obstacle can be avoided by changing the motion path of the arm or changing the motion path of the boom or changing the motion path of the boom with the arm”),
the controller sets a non-avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined does not exist in the target path, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to an avoidance operation (See at least Kyu Paragraph 36 “If it is determined that an obstacle exists, the process proceeds to step 411. Otherwise, the process proceeds to step 412 to move the front part according to a motion path of a swing, a boom, and an arm . That is, the equipment control unit 300 moves the front part according to the shortest movement path generated in step 406”).
and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller (See at least Kyu Paragraphs 36-43)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa to include a controller that sets a target path of the attachment specific portion from a predetermined start point to a predetermined end point; the controller determines whether a three-dimensional position of the obstacle specific portion exists or not in the target path; the controller sets an avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined to exist exists in the target path, the avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is led to an avoidance operation of avoiding the obstacle; the controller sets a non-avoidance path as the target path when as a result of the determination that the three-dimensional position of the obstacle specific portion is determined does not exist in the target path, the non-avoidance path being a path along which the attachment specific portion moves from the start point to the end point while the attachment is not led to an avoidance operation; and the drive control part moves the attachment specific portion via the actuator in response to the target path set by the controller, as taught by Kyu as disclosed above, in order to ensure that the working machine moves safely in its environment (Kyu Paragraph 9 “Accordingly, it is an object of the present invention to provide an obstacle avoidance control device capable of automatically avoiding an obstacle when there is a geographical fixed obstacle or an unexpected human / physical obstacle in a construction equipment, thereby improving work efficiency”).
Aizawa in view of Kyu fail to explicitly disclose that the obstacle including a second part of the working target other than the first part taken by the attachment; the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path , the start point being a start point of movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path, wherein the controller determines, before the drive control part moves the attachment specific portion in response to the target path, whether an obstacle longitudinal position exists in a range between a start point longitudinal position and an end point longitudinal position based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body and the avoidance operation is a motion of the attachment moving along a level higher than the obstacle specific portion to pass over a position of the obstacle specific portion from a position above the start point.
Nishizawa teaches that the obstacle including a second part of the working target other than the first part taken by the attachment; the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path , the start point being a start point of movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path, wherein the controller determines, before the drive control part moves the attachment specific portion in response to the target path, whether an obstacle longitudinal position exists in a range between a start point longitudinal position and an end point longitudinal position based on the three-dimensional information of the obstacle specific portion (See at least Nishizawa FIGS. 4A-8, 13, 15, and 17-18 and Paragraphs 58-60 “The surrounding monitoring device 200 includes an obstacle information acquisition section 211, a terrain information acquisition section 221, a machine state acquisition section 231, a terrain information reliability evaluation section 222, a working region setting section 223, an operation state determination section 232, a proximity calculation section 224, and an operation instruction section 241. The obstacle information acquisition section 211 acquires positional information in the vehicle-body coordinate system 900, regarding each obstacle detected by the external recognition sensor 156 which is an obstacle sensor that detects obstacles around the hydraulic excavator 100. The obstacle information acquisition section 211 also converts the terrain data to the vehicle-body coordinate system 900 to obtain terrain data in the vehicle-body coordinate system 900. Also, the terrain information reliability evaluation section 222 acquires reliability information for each position from the terrain information.” | Paragraphs 140-144 “The proximity calculation processing by the proximity calculation section 224 is described in detail. FIG. 18 is a processing flow of the proximity calculation processing by the proximity calculation section 224 according to the embodiment. The proximity calculation section 224 determines the level of proximity based on whether or not an obstacle of interest to be determined exists within the working region 511, and when it exists within the working region 511, based on an arrival time of the bucket 113 to the obstacle of interest, and/or the like. In the embodiment, for example, the proximity calculation section 224 uses Tttc as an arrival time of the multijoint front working device 110 to the obstacle of interest for determination. It is noted that arrival time Tttc is calculated form the following equation (1). Tttc=cos−1(Xm/√{square root over ((Xm2+Ym2))/ωbkt)} (1)where Xm, Ym are x, y coordinates of the obstacle of interest in the vehicle-body coordinate system, and ωbkt is an operation state, i.e., a swing angular speed of the multijoint front working device 110. The proximity calculation processing is described below by using as an example the case where the proximity calculation section 224 sets level 1, level 2, level 3 as described below. Here, level 1 is set where an obstacle is within the working region 511 and the arrival time Tttc is equal to or less than a predetermined threshold Tth. Level 2 is set where an obstacle is within the working region 511 and the arrival time Tttc is greater than a predetermined threshold. Level 3 is set where an obstacle is without the working region 511 … Initially, the proximity calculation section 224 determines the presence/absence of an obstacle around the hydraulic excavator 100 by use of the converted obstacle information 311. Here, for example, the proximity calculation section 224 uses the number of obstacle Mobj and/or the like for determination.” ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu to include that that the obstacle including a second part of the working target other than the first part taken by the attachment; the start point being a start point of the movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path , the start point being a start point of movement of the attachment specific portion along the target path, the end point being an end point of movement of the attachment specific portion along the target path, wherein the controller determines, before the drive control part moves the attachment specific portion in response to the target path, whether an obstacle longitudinal position exists in a range between a start point longitudinal position and an end point longitudinal position based on the three-dimensional information of the obstacle specific portion, as taught by Nishizawa as disclosed above, such that the target path is set depending on the determination, in order to ensure accurate vehicle movement (Nishizawa Paragraph 5 “The present invention has been achieved in view of the above-mentioned circumstances, and it is an object thereof to provide a technique to improve work efficiency while performing necessary and sufficient monitoring on the surroundings of a working machine”).
Aizawa in view of Kyu in view of Nishizawa fail to explicitly disclose to sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body and the avoidance operation is a motion of the attachment moving along a level higher than the obstacle specific portion to pass over a position of the obstacle specific portion from a position above the start point.
Kawagoe teaches to sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body (See at least Kawagoe Paragraphs 13-14 “In order to achieve the primary object set forth above, a first embodiment of the present invention is directed to a self-propelled working robot, including a first distance sensor for measuring a distance to an obstacle in a front direction of the robot, and a second distance sensor for measuring a distance to the obstacle in a diagonally forward direction of the robot, the robot including: first determination means for comparing a first measured distance to the obstacle obtained by the first distance sensor with a predetermined first threshold value (SHc) to determine proximity to the obstacle; second determination means for comparing a second measured distance to the obstacle obtained by the second distance sensor with a predetermined second threshold value (SHr) to determine proximity to the obstacle; and changing means for changing the first or second threshold value (SHc or SHr) based on information regarding an inclination angle of the obstacle obtained from the first and second measured distances. According to the present invention, the obstacle is detected by the first and second determination means, and the first threshold value or the second threshold value (SHc or SHr) is changed based on information regarding the inclination angle of the obstacle, whereby it is possible to precisely detect an obstacle even if the obstacle has a large inclination angle.” | Paragraph 19 “Where the first distance is smaller than the second distance, i.e., where the inclination angle is small, it is the first determination means, but not the second determination means, that determines that the robot is proximate to the obstacle. Where the first distance is larger than the second distance, i.e., where the inclination angle is large, it is the second determination means, but not the first determination means, that determines that the robot is proximate to the obstacle. Thus, it is possible to make a determination and conclusion as to the proximity irrespective of the magnitude of the inclination angle.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa to sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body, as taught by Kawagoe as disclosed above, such that the obstacle avoidance path and non-avoidance path is determined based on whether the obstacle longitudinal position exists in a range between the start point longitudinal position and the end point longitudinal position, in order to ensure an accurate detection of large obstacles (Kawagoe Paragraph 5 “a primary object of the present invention is to provide a self-propelled working robot capable of precisely detecting various obstacles”).
Aizawa in view of Kyu in view of Nishizawa in view of Kawagoe fail to explicitly disclose that the avoidance operation is a motion of the attachment moving along a level higher than the obstacle specific portion to pass over a position of the obstacle specific portion from a position above the start point.
Iwase teaches that the avoidance operation is a motion of the attachment moving along a level higher than the obstacle specific portion to pass over a position of the obstacle specific portion from a position above the start point (See at least Iwase Paragraph 9 “According to this configuration, the contact avoidance control unit can detect the height of the obstacle based on the detection information from the second ultrasonic sensor when it is determined that the traveling unit does not ride on the obstacle in the ride determination process. In consideration of the possibility, the first contact avoidance process based on the detection information from the second ultrasonic sensor is performed. In the first contact avoidance process, when the second ultrasonic sensor reaches above the obstacle and detects the height of the obstacle, the contact avoidance control unit sets the height of the detected obstacle. Based on this, the operation of the elevating drive mechanism is controlled to raise and lower the working device, thereby avoiding the possibility that the working device contacts an obstacle. That is, it is possible to avoid the possibility that the work device of the work vehicle may come into contact with an obstacle without changing the travel route of the work vehicle. As a result, it is possible to reduce the work remaining area of the work vehicle as compared with the case where the travel route is changed, and it is possible to reduce the labor required for the work on the remaining area.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa in view of Kawagoe to include that the avoidance operation is a motion of the attachment moving along a level higher than the obstacle specific portion to pass over a position of the obstacle specific portion from a position above the start point, as taught by Iwase as disclosed above, in order to ensure optimal vehicle control (Iwase Paragraph 5 “In view of this situation, a main problem of the present invention is to enable a work vehicle that automatically travels to appropriately avoid contact of the work device with an obstacle with a margin.”).
Claim 4 is rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Nishizawa (US 20200048871 A1) (“Nishizawa”) in view of Wu (US 20150142276 A1) (“Wu”) in view of Kinoshita (US 20190170879 A1) (“Kinoshita”) further in view of Kawagoe (US 20070032904 A1) (“Kawagoe”).
With respect to claim 4, Aizawa in view of Kyu in view of Nishizawa in view of Wu in view of Kinoshita fail to explicitly disclose to determine whether the obstacle slewing angle exists in the range between the start point slewing angle and the end point slewing angle and whether an obstacle longitudinal position exists in a range between a start point longitudinal position and an end point longitudinal position based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body, sets the avoidance path as the target path as a result of the determination that the obstacle slewing angle exists in the range between the start point slewing angle and the end point slewing angle, and the obstacle longitudinal position exists in the range between the start point longitudinal position and the end point longitudinal position, and the controller sets a non-avoidance path as the target path as a result of the determination that the obstacle slewing angle does not exist in the range between the start point slewing angle and the end point slewing angle and the obstacle longitudinal position does not exist in the range between the start point longitudinal position and the end point longitudinal position
Kawagoe teaches to determine whether the obstacle slewing angle exists in the range between the start point slewing angle and the end point slewing angle and whether an obstacle longitudinal position exists in a range between a start point longitudinal position and an end point longitudinal position based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body, sets the avoidance path as the target path as a result of the determination that the obstacle slewing angle exists in the range between the start point slewing angle and the end point slewing angle, and the obstacle longitudinal position exists in the range between the start point longitudinal position and the end point longitudinal position, and the controller sets a non-avoidance path as the target path as a result of the determination that the obstacle slewing angle does not exist in the range between the start point slewing angle and the end point slewing angle and the obstacle longitudinal position does not exist in the range between the start point longitudinal position and the end point longitudinal position (See at least Kawagoe Paragraphs 13-14 “In order to achieve the primary object set forth above, a first embodiment of the present invention is directed to a self-propelled working robot, including a first distance sensor for measuring a distance to an obstacle in a front direction of the robot, and a second distance sensor for measuring a distance to the obstacle in a diagonally forward direction of the robot, the robot including: first determination means for comparing a first measured distance to the obstacle obtained by the first distance sensor with a predetermined first threshold value (SHc) to determine proximity to the obstacle; second determination means for comparing a second measured distance to the obstacle obtained by the second distance sensor with a predetermined second threshold value (SHr) to determine proximity to the obstacle; and changing means for changing the first or second threshold value (SHc or SHr) based on information regarding an inclination angle of the obstacle obtained from the first and second measured distances. According to the present invention, the obstacle is detected by the first and second determination means, and the first threshold value or the second threshold value (SHc or SHr) is changed based on information regarding the inclination angle of the obstacle, whereby it is possible to precisely detect an obstacle even if the obstacle has a large inclination angle.” | Paragraph 19 “Where the first distance is smaller than the second distance, i.e., where the inclination angle is small, it is the first determination means, but not the second determination means, that determines that the robot is proximate to the obstacle. Where the first distance is larger than the second distance, i.e., where the inclination angle is large, it is the second determination means, but not the first determination means, that determines that the robot is proximate to the obstacle. Thus, it is possible to make a determination and conclusion as to the proximity irrespective of the magnitude of the inclination angle.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa in view of Wu in view of Kinoshita to include that determine whether the obstacle slewing angle exists in the range between the start point slewing angle and the end point slewing angle and whether an obstacle longitudinal position exists in a range between a start point longitudinal position and an end point longitudinal position based on the three-dimensional information of the obstacle specific portion, and sets the target path depending on the determination, the start point longitudinal position being a position of the start point in a longitudinal direction of the upper slewing body, the end point longitudinal position being a position of the end point in the longitudinal direction of the upper slewing body, the obstacle longitudinal position being a position of the obstacle specific portion in the longitudinal direction of the upper slewing body, sets the avoidance path as the target path as a result of the determination that the obstacle slewing angle exists in the range between the start point slewing angle and the end point slewing angle, and the obstacle longitudinal position exists in the range between the start point longitudinal position and the end point longitudinal position, and the controller sets a non-avoidance path as the target path as a result of the determination that the obstacle slewing angle does not exist in the range between the start point slewing angle and the end point slewing angle and the obstacle longitudinal position does not exist in the range between the start point longitudinal position and the end point longitudinal position, as taught by Kawagoe as disclosed above, in order to ensure an accurate detection of large obstacles (Kawagoe Paragraph 5 “a primary object of the present invention is to provide a self-propelled working robot capable of precisely detecting various obstacles”).
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Ono (US 20190163190 A1) (“Ono”) further in view of Gupta (US 20220291681 A1) (“Gupta”).
With respect to claim 6, Aizawa in view of Kyu in view of Ono fails to explicitly disclose that the obstacle includes a hole formed in the ground and three-dimensional information acquisition part sets an edge of the hole as the obstacle specific portion.
Gupta teaches that the obstacle includes a hole formed in the ground and three-dimensional information acquisition part sets an edge of the hole as the obstacle specific portion (See at least Gupta FIG. 3 and Paragraph 23 “While navigating an interior space, autonomous vehicles may detect unexpected edges (e.g., drop-offs, pits, brinks, holes, etc.) while navigating in an interior space (e.g., of a warehouse)” | Paragraph 48 “In step 306, the processor may be configured to adjust (e.g., update, correct, replace, overwrite, reconfigure, mark, tag, etc.) a map of the vehicle 102 to include the detected edges and/or guards.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Ono to include that the obstacle includes a hole formed in the ground and three-dimensional information acquisition part sets an edge of the hole as the obstacle specific portion, as taught by Gupta as disclosed above, in order to ensure an accurate detection of various obstacles in an environment to ensure safe traveling of the work vehicle (Gupta Paragraph 3 “Described herein are example systems and methods for autonomous vehicle operation, including systems and methods for edge and guard detection in autonomous vehicle operation.”).
Claims 8-9 are rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Ono (US 20190163190 A1) (“Ono”) further in view of Kameda (JPH 0430029 A) (“Kameda”) (Translation Attached).
With respect to claim 8, Aizawa in view of Kyu in view of Ono fail to explicitly disclose that the working target is earth and sand.
Kameda teaches that the working target is earth and sand (See at least Kameda Paragraph 1 “In this embodiment, each of the excavation blades 3 of the excavation unit 5 (see FIG. 4) includes a conveying plate-like portion 3 a for conveying the scraped off earth and sand and crushed stone, and an excavation It projects in the direction of the excavated surface from the side of the face, and earth and sand. And a substantially comb-shaped blade portion 3b for scraping directly the crushed stone. By doing in this way, work to scrape off earth and sand, crushed stone and excavate it, and scraped and drilled earth and sand.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Ono to include that the working target is earth and sand, as taught by Kameda as disclosed above, in order to ensure that the work machine can have a broad range of working targets (Kameda Paragraph 1 “It is possible to smoothly carry out the work of transporting the crushed stone.”).
With respect to claim 9, Aizawa in view of Kyu in view of Ono fail to explicitly disclose that the working target is a stone.
Kameda teaches that the working target is a stone (See at least Kameda Paragraph 1 “In this embodiment, each of the excavation blades 3 of the excavation unit 5 (see FIG. 4) includes a conveying plate-like portion 3 a for conveying the scraped off earth and sand and crushed stone, and an excavation It projects in the direction of the excavated surface from the side of the face, and earth and sand. And a substantially comb-shaped blade portion 3b for scraping directly the crushed stone. By doing in this way, work to scrape off earth and sand, crushed stone and excavate it, and scraped and drilled earth and sand.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Ono to include that the working target is a stone, as taught by Kameda as disclosed above, in order to ensure that the work machine can have a broad range of working targets (Kameda Paragraph 1 “It is possible to smoothly carry out the work of transporting the crushed stone.”).
Claims 10-11 are rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Nishizawa (US 20200048871 A1) (“Nishizawa”) in view of Wu (US 20150142276 A1) (“Wu”) in view of Kinoshita (US 20190170879 A1) (“Kinoshita”) further in view of Kameda (JPH 0430029 A) (“Kameda”) (Translation Attached).
With respect to claim 10, Aizawa in view of Kyu in view of Nishizawa in view of Wu in view of Kinoshita fail to explicitly disclose that the working target is earth and sand.
Kameda teaches that the working target is earth and sand (See at least Kameda Paragraph 1 “In this embodiment, each of the excavation blades 3 of the excavation unit 5 (see FIG. 4) includes a conveying plate-like portion 3 a for conveying the scraped off earth and sand and crushed stone, and an excavation It projects in the direction of the excavated surface from the side of the face, and earth and sand. And a substantially comb-shaped blade portion 3b for scraping directly the crushed stone. By doing in this way, work to scrape off earth and sand, crushed stone and excavate it, and scraped and drilled earth and sand.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa in view of Wu in view of Kinoshita to include that the working target is earth and sand, as taught by Kameda as disclosed above, in order to ensure that the work machine can have a broad range of working targets (Kameda Paragraph 1 “It is possible to smoothly carry out the work of transporting the crushed stone.”).
With respect to claim 11, Aizawa in view of Kyu in view of Nishizawa in view of Wu in view of Kinoshita fail to explicitly disclose that the working target is a stone.
Kameda teaches that the working target is a stone (See at least Kameda Paragraph 1 “In this embodiment, each of the excavation blades 3 of the excavation unit 5 (see FIG. 4) includes a conveying plate-like portion 3 a for conveying the scraped off earth and sand and crushed stone, and an excavation It projects in the direction of the excavated surface from the side of the face, and earth and sand. And a substantially comb-shaped blade portion 3b for scraping directly the crushed stone. By doing in this way, work to scrape off earth and sand, crushed stone and excavate it, and scraped and drilled earth and sand.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa in view of Wu in view of Kinoshita to include that the working target is a stone, as taught by Kameda as disclosed above, in order to ensure that the work machine can have a broad range of working targets (Kameda Paragraph 1 “It is possible to smoothly carry out the work of transporting the crushed stone.”).
Claims 12-13 are rejected under 35 U.S.C. 103 as being obvious over Aizawa (US 20200407949 A1) (“Aizawa”) in view of Kyu (KR 20100073477 A) (“Kyu”) (Translation Attached) in view of Nishizawa (US 20200048871 A1) (“Nishizawa”) in view of Kawagoe (US 20070032904 A1) (“Kawagoe”) in view of Iwase (JP 2019170312 A) (“Iwase”) (Translation Attached) further in view of Kameda (JPH 0430029 A) (“Kameda”) (Translation Attached).
With respect to claim 12, Aizawa in view of Kyu in view of Nishizawa in view of Kawagoe in view of Iwase fail to explicitly disclose that the working target is earth and sand.
Kameda teaches that the working target is earth and sand (See at least Kameda Paragraph 1 “In this embodiment, each of the excavation blades 3 of the excavation unit 5 (see FIG. 4) includes a conveying plate-like portion 3 a for conveying the scraped off earth and sand and crushed stone, and an excavation It projects in the direction of the excavated surface from the side of the face, and earth and sand. And a substantially comb-shaped blade portion 3b for scraping directly the crushed stone. By doing in this way, work to scrape off earth and sand, crushed stone and excavate it, and scraped and drilled earth and sand.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa in view of Kawagoe in view of Iwase to include that the working target is earth and sand, as taught by Kameda as disclosed above, in order to ensure that the work machine can have a broad range of working targets (Kameda Paragraph 1 “It is possible to smoothly carry out the work of transporting the crushed stone.”).
With respect to claim 13, Aizawa in view of Kyu in view of Nishizawa in view of Kawagoe in view of Iwase fail to explicitly disclose that the working target is a stone.
Kameda teaches that the working target is a stone (See at least Kameda Paragraph 1 “In this embodiment, each of the excavation blades 3 of the excavation unit 5 (see FIG. 4) includes a conveying plate-like portion 3 a for conveying the scraped off earth and sand and crushed stone, and an excavation It projects in the direction of the excavated surface from the side of the face, and earth and sand. And a substantially comb-shaped blade portion 3b for scraping directly the crushed stone. By doing in this way, work to scrape off earth and sand, crushed stone and excavate it, and scraped and drilled earth and sand.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Aizawa in view of Kyu in view of Nishizawa in view of Kawagoe in view of Iwase to include that the working target is a stone, as taught by Kameda as disclosed above, in order to ensure that the work machine can have a broad range of working targets (Kameda Paragraph 1 “It is possible to smoothly carry out the work of transporting the crushed stone.”).
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 IBRAHIM ABDOALATIF ALSOMAIRY whose telephone number is (571)272-5653. The examiner can normally be reached M-F 7:30-5:30.
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/IBRAHIM ABDOALATIF ALSOMAIRY/ Examiner, Art Unit 3667 /KENNETH J MALKOWSKI/Primary Examiner, Art Unit 3667
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