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 .
The amendment dated 20 January 2026 has been entered.
Claim 15 remains withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 13 June 2025.
A complete reply to this final rejection should include cancellation of the withdrawn claims or take other appropriate action (37 CFR 1.144)
Applicant’s arguments regarding amended claim 1 are not persuasive. Applicant asserts that the Doy reference lacks the step of “before updating said relation based on said correction value, verifying whether at least one update condition is fulfilled.” Examiner’s position is that step 610 “||VNOMINAL-VMEASURED||> THRESHOLD” amounts to “verifying whether at least one update condition is fulfilled”. In this case, the update condition is whether the difference between nominal and measured V is greater than a threshold. This step plainly occurs before the updating steps 612-614.
Claims 10-13 are allowed.
Claims 7, 8, and 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,2,3,4, and 6 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US11566387 Doy which described a method for controlling movement of a movable element (fig 3b-28/30/32/34 move relative to 22) of a machine1 comprising providing a relation(fig 6 @604 “corresponding” implicitly includes providing the relationship) between control values for an hydraulic valve (fig 3b 110) arranged to affect a movement of the movable element (“actuator velocity”) and a parameter representative of the movement ; receive an input (17:4); obtain control value (604); operating the control valve (606); obtaining feedback (608); determining a correction value ; updating (612-614); and before updating said relation based on said correction value, verifying (610) whether at least one update condition is fulfilled as called for in claim 1
Regarding claim 2: fig 6@616 “apply updated control parameter”
Regarding claim 3: “lookup tables” (3:26)
Regarding claim 4: “functions” (3:37)
Regarding claim 6: Examiner finds that fig 6 @ 610 “>THRESHOLD” amounts to preventing if the machine is in a predefined state. That is, the “predefined state” exists when the threshold difference is not exceeded, and if not exceeded, then the process proceeds to 618 rather than 612.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Janine M KRECK whose telephone number is (571)272-7042. The examiner can normally be reached telework: M-F 0600-1530 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at 5712725405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Janine M Kreck/Primary Examiner, Art Unit 3672
1 “mining” is given weight as intended use. It is apparent that because the Doy device is used to remove concrete or asphalt from the ground, it could also be used for mining . See, e.g., US 20140070598.