DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the amendments filed on 12/20/2025. Claims 1-14 are presently pending and examined.
Response to Arguments
Prior Art Rejection
Applicant’s arguments, see remarks, filed 12/20/2025, with respect to the rejection(s) of claim(s) 1-14 under 103 have been fully considered.
Applicant has not made any amendments.
Applicant has argued that Uemura is silent regarding a penetration force and silent regarding a pitch motion of blade 4 of Uemura. Applicant has further argued that Yamamoto fails to provide for the limitation “control the pitch actuator to cause the blade to perform the pitch motion in the forward direction upon determining that the penetration force is insufficient”.
Applicant has argued that Claim 1 and Claim 8 are not obvious over the combination of Uemura and Yamamoto.
Yamamoto discloses,
control the pitch actuator to cause the blade to perform the pitch motion in the forward direction upon determining that the penetration force is insufficient (see at least [Col. 6, line 56-59] For controlling the blade to be placed in a digging position, a pitch forward position or a pitch back position (these positions are to be described later), [Col. 5, line 53-54] FIG. 5 is a diagram used to explain reaction forces exerted on the blade, [Col.5, line 60-61] FIG. 6(a) is a graph showing the change of shearing force exerted on the blade, [Col. 8, line 21-26] the reaction forces exerted on the blade 7 during the dozing operation by the blade 7 will be explained with reference to FIG. 5. It should be noted that the hatched part of FIG. 5 is earth pushed over the surface of the blade 7 during the digging operation by the blade 7, [Col. 8, line 39-40] where P1 is a shearing force and P2 is a force for raising the earth indicated by hatching in FIG. 5, [Col. 8, line 56 - 67 ] Whereas the shearing force P1 linearly changes so as to take large values during the digging operation and to take small values during the carrying operation as shown in FIG. 6(a), the earth raising force P2 linearly changes so as to take small values during the digging operation and to take large, values during the carrying operation as shown in FIG. 6(b). Hence, as seen from FIG. 7, when the ratio (FV /FH) of the vertical reaction force FV to the horizontal reaction force FH is obtained, the ratio of the shearing force P1 to the horizontal reaction force FH is great, with the ratio FV /FH being great during the digging operation, while W1 is great so that the ratio FV /FH is small during the carrying operation, [Col. 9 line 4-8] whether the dozing operation is in a digging State or a carrying State can be understood by knowing whether the value of the ratio F/F is above or below a specified value A (see FIG. 7), [Col. 9, line 8-13] Whether the dozing operation is in a digging state or a carrying state is thus determined by detecting the load factor of the blade 7 so that the blade 7 can be automatically changed from a digging position to a carrying position (i.e., pitch back (backward inclination) position) based on the above determination, [Col. 11, line 24-32] Use of Such an unloading position detecting means enables an operation wherein the bulldozer 1 with the blade 7 in the pitch back position D moves forward to the earth unloading position; the controller 18 outputs a blade pitch forward instruction when the bulldozer 1 has reached the earth unloading position; and the blade 7 is automatically moved into the pitch forward (forward inclination) position E to dump earth.
Therefore, the invention according to Claim 1and Claim 8, could have been easily invented by a person skilled in the art based on the prior art.
The rejections are maintained.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 - 14 are rejected under 35 U.S.C. 103 as being unpatentable over Shohei Uemura et. al. US20210254313A1 (“Uemura”) in view of Shigeru Yamamoto et. al. US5950141 (“Yamamoto”).
As per Claim 1 and 8,
Uemura discloses,
A work machine comprising:
a vehicle body;
a blade supported so as to be rotatable about a pitch axis with respect to the vehicle body; (see at least [0025] The hydraulic excavator 1 includes a travelling device 2 (lower travelling body) capable of travelling on the ground G, a vehicle body 3 (upper slewing body) mounted on the travelling device 2, a work device mounted on the vehicle body 3, and a blade 4 mounted on the travelling device 2 or the vehicle body 3. The travelling device 2 and the vehicle body 3 constitute a machine body of the work machine, and [0028] The blade 4 mounted on the travelling device 2 or the vehicle body 3 is provided for conducting digging of the ground, land grading, transport of sediments, and the like. Specifically, the blade 4 is supported by a lift frame 4 a, and the lift frame 4 a is supported to be turnable around a horizontal axis 4 b with respect to the travelling device 2)
a first sensor configured to detect a first parameter (see at least [0037] the blade load acquiring part 34 is configured to acquire a blade load as a load applied on the blade 4 during digging work)
a controller configured to determine whether the penetration force is insufficient based on the first parameter, (see at least [0047] the first load threshold value f1 is set to be a value corresponding to a proper blade load f with which the hydraulic excavator 1 can stably travel. The second load threshold value f2 is a value set to realize stable and efficient digging operation, and [0047] load threshold values f1 and f2 may be manually input to the controller 10 by a worker before the digging work or appropriately calculated by the controller 10 and stored during the digging work).
Uemura does not discloses,
a pitch actuator connected to the blade, the pitch actuator being configured to cause the blade to perform a pitch motion about the pitch axis in a forward tilt direction and a backward tilt direction;
a first sensor configured to detect a first parameter relating to a penetration force of a blade tip of the blade in a downward direction
and to control the pitch actuator to cause the blade to perform the pitch motion in the forward tilt direction upon determining that the penetration force is insufficient.
Yamamoto teaches,
a pitch actuator connected to the blade, the pitch actuator being configured to cause the blade to perform a pitch motion about the pitch axis in a forward tilt direction and a backward tilt direction (see at least [Col. 3, line 57-63] Upon completion of the desired digging operation in this way, the blade is automatically shifted from a digging position to a carrying position (i.e., pitch back position) so that the digging operation is switched to the carrying operation at an effective timing during the dozing operation without depending on the operator s perception, and [Col. 6, line 56-61] For controlling the blade to be placed in a digging position, a pitch forward position or a pitch back position (these positions are to be described later), blade pitch cylinders 14, 15 are provided between the blade 7 and the right and left straight frames 8, 9).
a first sensor configured to detect a first parameter relating to a penetration force of a blade tip of the blade in a downward direction (see at least [Col. 1, line 52-54] vertical reaction force detecting means for detecting a vertical reaction force exerted on the blade during a digging operation by the blade),
and to control the pitch actuator to cause the blade to perform the pitch motion in the forward tilt direction upon determining that the penetration force is insufficient. (see at least [Col. 6, line 56-59] For controlling the blade to be placed in a digging position, a pitch forward position or a pitch back position (these positions are to be described later), [Col. 5, line 53-54] FIG. 5 is a diagram used to explain reaction forces exerted on the blade, [Col.5, line 60-61] FIG. 6(a) is a graph showing the change of shearing force exerted on the blade, [Col. 8, line 39-40] where P1 is a shearing force and P2 is a force for raising the earth indicated by hatching in FIG. 5, [Col. 8, line 56 - 67 ] as seen from FIG. 7, when the ratio (FV /FH) of the vertical reaction force FV to the horizontal reaction force FH is obtained, the ratio of the shearing force P1 to the horizontal reaction force FH is great, with the ratio FV /FH being great during the digging operation, while W1 is great so that the ratio FV /FH is small during the carrying operation, [Col. 9 line 4-8] whether the dozing operation is in a digging State or a carrying State can be understood by knowing whether the value of the ratio F/F is above or below a specified value A (see FIG. 7), and [Col. 9, line 8-13] Whether the dozing operation is in a digging state or a carrying state is thus determined by detecting the load factor of the blade 7 so that the blade 7 can be automatically changed from a digging position to a carrying position (i.e., pitch back (backward inclination) position) based on the above determination)
Thus, Uemura discloses a blade control device for a work machine based on the blade load and Yamamoto teaches a dozing system based on a load factor calculated by obtaining the shearing force, vertical reaction force and the horizontal reaction force during digging and accordingly adjusting the pitch of the blade.
As a result, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Uemura with the pitch forward and pitch back position control based on a vertical or horizontal force on the blade as taught by Yamamoto, with a reasonable expectation of success to automate a series of blade controls for digging, carrying and earth unloading (Col. 4, line 23-24).
As per Claim 2 and 9,
Uemura discloses,
The work machine according to claim 1, further comprising:
a lift frame supported so as to be rotatable about a lift axis with respect to the vehicle body; and
a lift actuator connected to the lift frame and the vehicle body, the lift actuator being configured to cause the lift frame to perform a lift motion up and down about the lift axis (see at least [0028] the blade 4 is supported by a lift frame 4 a, and the lift frame 4 a is supported to be turnable around a horizontal axis 4 b with respect to the travelling device 2. Accordingly, the blade 4 can be displaced in an up-down direction with respect to the travelling device 2).
the lift actuator being a hydraulic cylinder (see at least [0029] The hydraulic excavator 1 has a lift cylinder 8 provided for the blade 4).
the first parameter being a bottom pressure of the lift actuator (see at least [0037] the blade load acquiring part 34 is configured to acquire a blade load as a load applied on the blade 4 during digging work. The blade load corresponds to, for example, a pump pressure of the hydraulic pump 9 which drives the blade 4. Accordingly, the blade load acquiring part 34 is capable of detecting the blade load by detecting the pump pressure).
As per Claim 3 and 10,
Uemura does not disclose,
The work machine according to claim 2, wherein the controller is configured to increase a pitch angle of the blade in the forward tilt direction according to an increase of the first parameter when the first parameter is greater than or equal to a first threshold.
Yamamoto teaches,
The work machine according to claim 2, wherein the controller is configured to increase a pitch angle of the blade in the forward tilt direction according to an increase of the first parameter when the first parameter is greater than or equal to a first threshold (see at least [Col. 1, line 62-66] a horizontal reaction force and a vertical reaction force exerted on the blade during a digging operation by the blade are detected by the horizontal reaction force detecting means and the vertical reaction force detecting means respectively, [Col. 4, line 8 -12] dozing system of the invention may further comprise target pitch angle calculating means for calculating a target pitch angle, to be used for inclining the blade backwardly, from the load factor calculated by the load factor calculating means and from the pitch angle of the blade, and [Col. 3, line 52-63] a load factor of the blade in which earth is accumulated on its front face is calculated by a load factor calculating means during a digging operation by the blade, and when the calculated load factor reaches a specified value, the blade controlling means allows the blade to incline backwardly so as to hold the earth. Upon completion of the desired digging operation in this way, the blade is automatically shifted from a digging position to a carrying position (i.e., pitch back position).
Thus, Uemura discloses a blade control device for a work machine based on the blade load and Yamamoto teaches a dozing system based on a load factor calculated by obtaining the vertical reaction force and the horizontal reaction force during digging and accordingly adjusting the pitch of the blade.
As a result, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Uemura with the pitch forward and pitch back position control based on a vertical or horizontal force on the blade as taught by Yamamoto, with a reasonable expectation of success so that the digging operation is switched to the carrying operation at an effective timing during the dozing operation without depending on the operators perception (Col. 3, line 60-63).
As per Claim 4 and 11,
Uemura discloses,
wherein
the vehicle body includes
a front wheel, a rear wheel, and a crawler belt wound around the front wheel and the rear wheel (see at least Fig. 1)
the first threshold is determined based on the penetration force when the front vehicle is lifted up (see at least [0047] the first load threshold value f1 is set to be a value corresponding to a proper blade load f with which the hydraulic excavator 1 can stably travel. The second load threshold value f2 is a value set to realize stable and efficient digging operation).
As per Claim 5 and 12,
Uemura does not disclose,
The work machine according to claim 1, wherein
the controller is configured to determine a digging state of the work machine, and cause the blade to perform the pitch motion in the forward tilt direction according to the digging state.
Yamamoto teaches,
The work machine according to claim 1, wherein
the controller is configured to determine a digging state of the work machine, and cause the blade to perform the pitch motion in the forward tilt direction according to the digging state (see at least [Col. 2, line 2 – 9] A load factor of the blade, in which earth is accumulated on the front face thereof, is then calculated from the above ratio. With this load factor, the volume of earth (earthwork) on the front face of the blade can be accurately estimated. The value of earthwork thus obtained is utilized in informing a timing for a shift from digging to carrying, in informing a need for maintenance due to damage to the vehicle, in Supervising earthwork, etc.)
Thus, Uemura discloses a blade control device for a work machine based on the blade load and Yamamoto teaches a dozing system based on a load factor calculated by obtaining the vertical reaction force and the horizontal reaction force during digging and accordingly adjusting the pitch of the blade.
As a result, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the invention as disclosed by Uemura with the pitch forward and pitch back position control based on a vertical or horizontal force on the blade as taught by Yamamoto, with a reasonable expectation of success so that the digging operation is switched to the carrying operation at an effective timing during the dozing operation without depending on the operators perception (Col. 3, line 60-63).
As per Claim 6 and 13,
Uemura discloses,
work machine according to claim 5, further comprising:
a second sensor configured to detect a second parameter relating to a load applied to the blade tip of the blade in a horizontal direction,
the controller being configured to determine the digging state based on the second parameter (see at least [0037] the blade load acquiring part 34 is configured to acquire a blade load as a load applied on the blade 4 during digging work. The blade load corresponds to, for example, a pump pressure of the hydraulic pump 9 which drives the blade 4).
As per Claim 7 and 14,
Uemura discloses,
work machine according to claim 6, wherein the pitch actuator is a hydraulic cylinder, and the second parameter is a head pressure of the pitch actuator (see at least [0037] the blade load acquiring part 34 is capable of detecting the blade load by detecting the pump pressure. In the present embodiment, the blade load acquiring part 34 includes a head pressure sensor 34H which detects a head pressure P1 as a pressure of a hydraulic oil in the head chamber 8 h of the lift cylinder 8).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHUTOSH PANDE whose telephone number is (571)272-6269. The examiner can normally be reached Monday -Friday 9:00am -5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 5712721516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.P./Examiner, Art Unit 3668 /Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668