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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/10/2025 and 03/11/2024 were filed before the first action on the merits of the application. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 17 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because:
Claim 17 is directed to a “display control program” as such it is software per-se. Software does not fall within the four statutory categories for patent eligible subject matter.
Amending claim 17 to instead recite, a non-transitory computer readable medium with stored instructions, wherein the instructions cause a processor to: cause a display…”.
Grounds for such an amendment can be found in at least [0114] of the applicant’s specification.
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, 4-5, 7-9, 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20090243831 A1, “Display Device Of Work Vehicle”, Miura et al.
Regarding Claim 1, Miura et al teaches “A work machine display control system used in a work machine including work unit that performs a work by driving an attachment attached to a machine body of the work machine;”(Abstract: teaches invention is a display control system for a work machine which includes actuators (drive device) for a work device + [0043] work device is/includes an attachment of the machine body);” ; and a drive device that drives the attachment by supplying power to the attachment”([0043]-[0045] actuators are a drive device which provide power to the attachment);” comprising: a display processing unit that causes a display device to display a first display screen including drive information related to the drive device.”( [0008] According to an aspect of the present invention, there is provided a display device for a work vehicle having a work apparatus operated by an actuator, the device comprising a flow rate limit setting unit for variably setting a maximum flow rate level of hydraulic oil supplied to and drained from the actuator by operating an operating member, and a display unit for displaying the maximum flow rate level of the hydraulic oil supplied to and drained from the actuator, wherein the hydraulic oil whose flow rate corresponds to a manipulated variable of the operating member is supplied to and drained from the actuator within a range defined by the maximum flow rate level that is set by the flow rate limit setting unit to cause the work apparatus to operate, and an operating member symbol for indicating the operating member is displayed in the display unit, with the maximum flow rate level of the hydraulic oil supplied to and drained from the actuator by operating the operating member being displayed in accordance with the operating member symbol.” Display includes oil flow rate to actuators (drive information of the drive devices))
Regarding Claim 4, Miura et al teaches “he work machine display control system according to claim 1,wherein the drive device has a plurality of output ports, each outputting power, outputs of the plurality of output ports are controlled in accordance with an operation on an operating device including a plurality of operators, and the drive information includes allocation information indicating a correspondence relationship between the plurality of output ports and the plurality of operators.”( [0103] Aligned within the operating member symbols D25 in the liquid crystal display unit 45 are a first flow rate display section SE1 for displaying the maximum flow rate levels ML that display the flow rate levels at which hydraulic oil is supplied and drained in one direction to and from the actuators 31, 32, and a second flow rate display section SE2 for displaying the maximum flow rate levels ML at which hydraulic oil is supplied and drained in the other direction to and from the actuators 31, 32. The first flow rate display section SE1 and second flow rate display section SE2 are aligned left to right within the respective operating member symbols D25, and are configured so that the first flow rate display section SE1 displays the first maximum flow rate level ML1 of hydraulic oil supplied and drained in one direction to and from the actuators 31, 32 by the operation of the corresponding operating members 25, while the second flow rate display section SE2 displays the second maximum flow rate level ML2 of hydraulic oil supplied and drained in the other direction to and from the actuators 31, 32 by the operation of the corresponding operating members 25.” Here teaches displaying of flow rates/oil levels between the supplies in and drained out of actuators)
Regarding Claim 5, Miura et al teaches “The work machine display control system according to claim 4, wherein the display processing unit causes the display device to display an allocation setting screen on which a correspondence relationship between the plurality of output ports and the plurality of operators can be set.”( [0057] The operation of the volume switches 27 causes the following actions, depending on the type of the mounted attachments A shown in FIG. 19.
[0058] Specifically, the actuators 31, 32 of the attachment A are configured so as to operate forward or backward by the supply and drainage of hydraulic oil in one of two directions. If the attachment A mounted on the work vehicle 1 is a tilt bucket A1, then when the right volume switch 27R is swingably operated to the right, the tilt bucket A1 inclines to the right at a speed corresponding to the right-manipulated variable. When the right volume switch 27R is swingably operated to the left, the tilt bucket A1 inclines to the left at a speed corresponding to the left-manipulated variable. The tilt bucket A1 is not actuated even if the left volume switch 27L is operated. “
+ figure 19 posted below, which shows that the display shows the flow rate percentages of the left/right actuators/their ports and correspondence to the switches (operators) which control)
Regarding Claim 7, Miura et al teaches “The work machine display control system according to claim 1, wherein a specified value can be set for an output of the drive device, and the drive information includes relative information representing a current output value of the drive device relative to the specified value.”( [0103] Aligned within the operating member symbols D25 in the liquid crystal display unit 45 are a first flow rate display section SE1 for displaying the maximum flow rate levels ML that display the flow rate levels at which hydraulic oil is supplied and drained in one direction to and from the actuators 31, 32, and a second flow rate display section SE2 for displaying the maximum flow rate levels ML at which hydraulic oil is supplied and drained in the other direction to and from the actuators 31, 32. The first flow rate display section SE1 and second flow rate display section SE2 are aligned left to right within the respective operating member symbols D25, and are configured so that the first flow rate display section SE1 displays the first maximum flow rate level ML1 of hydraulic oil supplied and drained in one direction to and from the actuators 31, 32 by the operation of the corresponding operating members 25, while the second flow rate display section SE2 displays the second maximum flow rate level ML2 of hydraulic oil supplied and drained in the other direction to and from the actuators 31, 32 by the operation of the corresponding operating members 25.” + figures 8, 10-17, which teaches a display which sets a specified maximum value (flowrate) is set via the switches 27 and SE1/SE2 representing the current flow rates relative to the maximum for the given setting/attachment maximum)
Regarding Claim 8, Miura et al teaches “The work machine display control system according to claim 1, wherein the drive device has a plurality of output ports, each outputting power, and when operating states of the plurality of output ports are a combination of notification targets, the display processing unit includes notification information related to the operating states of the plurality of output ports in the drive information.”(Figures 8, 10-17 which show the display includes notification information which displays the outputs of the ports (oil flow rate) relative to their maximums with SE1/SE2)
Regarding Claim 9, Miura et al teaches “The work machine display control system according to claim 1,wherein the drive information includes attachment information for identifying the attachment connected to the drive device.”(Icon DA of figures 10-17 (central display of figure 8) shows the attachment type identifying the attachment connected to the actuator)
Regarding Claim 14, Miura et al teaches “A work machine display system comprising: the work machine display control system according to claim 1, and the display device that displays the first display screen.”([0086]-[0087] display includes an LCD display (first display screen) + Figure 8, display includes a screen)
Regarding Claim 15, Miura et al teaches “A work machine comprising: the work machine display system according to claim 14; and the machine body on which the display device is mounted.”( [0081] A display panel 43 (instrument panel) is provided in front and to the right of the driver seat 9 in the cabin 8, as shown in FIGS. 2 through 5 and FIG. 8. The display panel 43 is provided in front of the right steering stand 22R via a supporting arm 42 extending forward from the right steering stand 22R.)
Regarding Claims 16-17, they are a method and program equivalents to the system of claim 1, they have the same grounds of rejection.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al as applied to claim 1 above, and further in view of US 5426874 A, “Scraper Blade Control Apparatus”, Nakata et al.
Regarding Claim 2, Miura et al does not teach “wherein the display processing unit displays an operating state of a maintaining function of maintaining an output of the drive device on the first display screen.”
Nakata et al teaches a work machine control and display system which includes a display which includes displaying the operating state of a maintaining function for the work implement/actuators of the work implement on a display. (Column 6, lines 20-31, “Thus, in the situation of either type of operation lever 1 or 51 being placed in the HOLD position and the control device 2 or 52 being actuated to achieve the FLOAT position, when the operator manually releases the operation lever 1 or 51, the operation lever 1 or 51 is automatically reset to the HOLD position for the operation lever 1 or 51 while the hydraulic control valve 12 is held at the FLOAT position by the action of the controller 4. The control apparatus can be constructed so that this FLOAT condition is displayed on a monitor (not shown) in the operator cabin of the construction machine.” Here teaches displaying the “FLOAT” condition which indicates a maintaining state (FLOAT) of the actuators for the scrapper)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Miura to include a maintain function indicator as taught by Nakata as part of Miura’s operational display. One would be motivated to implement the maintain function display/indicator to allow the operator to better understand/recognize the current operation of the vehicle/work implement.
Regarding Claim 3, modified Miura as modified in claim 2 above teaches “The work machine display control system according to claim 2, wherein the display processing unit displays an operating state of the maintaining function in a display mode of the drive information.”( Miura [0086] The fixed display I1 of the printed display unit 46 is disposed to the immediate left of the liquid crystal display unit 45, and while the liquid crystal display unit 45 is in a display state during a specific control mode of the controller 39, a display IND1 at the left end of the liquid crystal display unit 45 is displayed as an indication of the fuel level in the fuel tank as shown in FIG. 9. The fixed display I2 of the printed display unit 46 is disposed to the immediate right of the liquid crystal display unit 45, and while the liquid crystal display unit 45 is in the display state during a specific control mode of the controller 39, a display IND2 on the right end of the liquid crystal display unit 45 is displayed as an indication of water temperature, as shown in FIG. 9.” Miura teaches displaying of information based on specific operating mode (operating state) of the device, the logic naturally flows tha the maintaining indicator of Nakata is displayed in a corresponding operating/display mode.)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al as applied to claim 1 above, and further in view of US 20200347574 A1, “SYSTEMS AND METHODS FOR COUPLING AN IMPLEMENT TO A WORK VEHICLE”, Kenneth Herrig.
Regarding Claim 6, Miura does not teach that the display includes connection information indicating the connection state of the attachment (work implement) to the drive device.
Herrig teaches displaying of the attachment state (of the work implement) to the drive devices (actuators) of the work machine. ([0052] The signals output by the sensors 500 and/or the locking actuators 133, 142 may be processed by a processor 510 of a control system 511 (e.g., electronic control system) of the work vehicle 100. The processor 510 may instruct an output device 512 (e.g., display, speaker) within the cab to provide an indication (e.g., text message, visual signal or symbol, audible alarm) of the respective positions of the components (e.g., the alignment between the lock 131 and the second bar 214; the alignment between the locks 141 and the openings 212; that the lock 131 is in the closed position about the second bar 214; that the locks 141 are extended to engage the openings 212). Thus, the operator may actuate the first lock assembly 130 and/or the second lock assembly 140 (e.g., via the operator controls 107) at an appropriate time and/or receive confirmation that the implement 200 is coupled to the work vehicle 100. In some embodiments, some or all of the process to couple the implement 200 to the work vehicle 100 may be automated. For example, the processor 510 may provide a control signal (e.g., to valves to release fluid from the fluid source) to adjust the locking actuators 133, 142 in response to the signals received from the sensors 500 indicating that the locks 131, 141 are aligned with the respective mounting portion 205, 206 of the implement 200. The processor 510 may also be configured to control other aspects of the work vehicle 100, such as various other actuators (e.g., the tip cylinder 112, the lift actuator 114). The sensors 500 may include, for example, inductive proximity sensors, capacitive proximity sensors, optical sensors, or any other type of sensor capable of detecting alignment of the components.”)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application, to modify Miura to include the attachment state detection and indicator as taught by Herrig onto the display of Miura, one would be motivated to implement the attachment state indicator as taught by Herrig. To allow the operator to more easily confirm the attachment of the work implement without having to leave the cabin to inspect the attachment visually, Herrig implicitly teaches this in [0052] as cited above in the automatic detection and display information.
Claim(s) 10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al and further in view of JP2017110472A, Nishi Takashi, “Shovel”. (Provided in IDS 06/10/2025)
Regarding Claim 10, Miura does not teach “wherein the display processing unit displays the attachment information in a display mode corresponding to a drive characteristic of the attachment by the drive device.”
Nishi Takashi teaches “wherein the display processing unit displays the attachment information in a display mode corresponding to a drive characteristic of the attachment by the drive device.”([0090]-[0092] the characteristics of the target surface displays 432 and 433 depict various attachment information in a display mode corresponding to a drive characteristics by the drive device as seen in figures 8-10, figures 10 posted below)
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Miura to include the operational displays 432-433 of Takashi as part of the display called for in Miura. One would be motivated to implement the displays onto Miura to allow the operator a more clear understanding of the situation/operation (improve guidance) of the work implement/bucket of the work machine which may not by readibly apparent from the cabin. Takashi teaches this improvement in ([0124] As described above, the machine guidance apparatus 50 assigns a plurality of functions to one operation switch so as to be switchable, and also displays which function is assigned to which operation switch in an easy-to-understand manner. Therefore, even when the number of operation switches is smaller than the number of functions, the operator can easily recognize which function switch is assigned to which operation switch. As a result, the machine guidance apparatus 50 can improve workability.)
Regarding Claim 13, Miura does not teach “claim 1,wherein the drive device operates in response to an operation on an operating device having a plurality of operators, and the plurality of operators include an adjusting operator for an adjustment operation of adjusting an output of the drive device and a maintaining operator for a maintenance operation of maintaining the output of the drive device.”
Nishi Takashi teaches this in ([0105] Next, another example of the screen 41 V displayed on the image display unit 41 of the display device 40 will be described with reference to FIG. 8. The screen 41 V in FIG. 8 is different from the screen 41 B in that it has a position display graphic R 1 A indicating that an upper right switch button operable with a thumb and a lower right switch button operable with an index finger are provided at the end of the right operation lever 26 R, A function for setting a reference orientation (hereinafter referred to as "reference orientation setting function") is assigned to the right lower switch button, the function display figure R2A indicating that the function is assigned to the upper right switch button (Hereinafter referred to as "laser reference level setting function") is assigned to the left switch button 27 </ b> L and that a function to set the laser level to be described later as a reference level 6 in that it has a function display figure L2A that is different from the screen 41V in FIG. 6, but is otherwise the same. Therefore, the description of the common part will be omitted, and the differences will be explained in detail.” + figures 8 posted below, here teaches setting of a reference orientation for maintain the orientation of the work implement/actuator)
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Miura to include the operational displays including the maintain function setting L2A/R2A of Takashi as part of the display called for in Miura. One would be motivated to implement the displays onto Miura to allow the operator a more clear understanding of the situation/operation (improve guidance) of the work implement/bucket of the work machine which may not by readibly apparent from the cabin. Takashi teaches this improvement in ([0124] As described above, the machine guidance apparatus 50 assigns a plurality of functions to one operation switch so as to be switchable, and also displays which function is assigned to which operation switch in an easy-to-understand manner. Therefore, even when the number of operation switches is smaller than the number of functions, the operator can easily recognize which function switch is assigned to which operation switch. As a result, the machine guidance apparatus 50 can improve workability.)
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al as applied to claim 1 above, and further in view of US 7283903 B2, Merten et al, “Enabling System For An Implement Controller”.
Regarding Claim 11, Miura et al does not teach “wherein the display processing unit includes caution information in the drive information when an operating state of the drive device and a drive characteristic of the attachment connected to the drive device by the drive device are a combination of caution targets.”
Merten teaches a display which includes this alarm (caution information) of the drive information when the operating state and driver characteristic of an attachment are a combination of caution targets (i.e. are in a state/have corresponding characteristics to trigger an alarm). (FIG. 3 is a flowchart detailing a control loop 200 of operating steps for the invention as embodied in FIG. 2. The operating steps set forth in FIG. 3 may be incorporated into the hardware and/or software programming of the logic control device 150 via techniques well known to those of ordinary skill in the art. As shown in FIG. 2 as well as in FIG. 3, the entire process begins with step 210, i.e., a power-on state for the ignition switch 100 as this is required to initiate a flow of energy necessary for activating all other switches. As illustrated, if the ignition switch 100 is in a power-off state in step 210, the process ends immediately at step 270 and the pilot joystick controller 160 is not enabled. Once the ignition switch 100 is in a power-on state, the state of the first seat switch 110 is checked at step 220. If the first seat switch 110 is in a first seat switch first state indicating the swivel seat 20 is in the backhoe operating position, the process moves to step 230 to determine the state of the second seat switch 120. If the second seat switch 120 is not in the second seat switch first state then the process moves to step 240. If, at step 240, the implement controller toggle switch 130 is then toggled to a toggle switch first state, the implement controller 160 is ideally enabled implement controller.
(11) If, at step 220, the first seat switch 110 is not in a first seat switch first state or, at step 230, the second switch is in a second seat switch first state, the process branches to step 270 and the implement controller is not enabled unless the implement controller toggle switch 130 is toggled to the toggle switch first state at step 260. If, under these conditions, the implement controller toggle switch 140 is used as the override switch and toggled to the controller switch first state the process moves to step 250, where the implement controller is non-ideally enabled, and branches to 280 where the operator is informed of a non-ideal enablement via the monitor 180 through at least one of the display 181 and the audible sound generator 190.” Here the “non-ideal’ enablement (caution) is outputted to a display + see claims 6 and 10 which recite this warning when the implement controller is enabled in an non-ideal state)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Miura et al to include the non-ideal enablement state detection and notification as taught by Merten one would be motivated to implement this to improve the safety of operation of the device. This motivation is implicit to the to phrasing “non-ideal” of Merten.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al as applied to claim 1 above, and further in view of US 20210331590 A1, “DISPLAY CONTROLLER, WORKING MACHINE, AND COMPUTER READABLE STORAGE MEDIUM”, Nishimura.
Regarding Claim 12, Miura does not teach “wherein the first display screen is a screen different from a second display screen for performing setting related to the drive device.”
Nishimura teaches the separate display screens for setting of operations/parameters of a drive device and the current operations of the drive device. ([0091] + figure 4/6 icon 13 is the drive information and figures 12/14/15 area different setting screen)
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the application to modify Miura to include the separate setting and drive information display screen s as taught by Nishimura. Such a modification would be obvious under the KSR rational of “Combining Prior Art Elements According to Known Methods To Yield Predictable Results”. (1) Miura teaches claim 1 and Nishimura teaches the missing limitation (separate setting and drive information screens) of claim 12. (2) the combination (of the two separate display screens) could be achieved through software implementation/control thereof. In the combination the underlying principles of operation are not being changed. The screens as taught in Nishimura are still being used for their respective functions in the combination as they are in the Original teachings. (3) The results of the combination would be predictable to one of ordinary skill in the art, the changing/specific implementation of the screen(s) and their respective layouts are design choices whose results would be readily predictable to one of ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH MICHAEL DUNNE whose telephone number is (571)270-7392. The examiner can normally be reached Mon-Thurs 8:30-6:30.
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/KENNETH M DUNNE/Primary Examiner, Art Unit 3669