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 rejection is in response to Applicant’s amendment of 09 September 2025. Claims 1, 2 and 6 are currently pending, as discussed below. Claims 3-5 are canceled.
Examiner Notes that the fundamentals of the rejections are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Response to Arguments
Applicant's arguments filed 09/09/2025 have been fully considered and are persuasive in part. Amendments regarding 35 U.S.C. § 112(b) rejection of claims 1-6 have been fully considered and are persuasive. 35 U.S.C. § 112(b) rejection of claims 1-6 set forth in office action of 6/10/2025 are withdrawn . Arguments and amendments regarding 35 U.S.C. § 101 rejection of claims 1-6 have been fully considered and are persuasive. 35 U.S.C. § 101 rejection of claims 1-6 is withdrawn.
Fig. 4 of Furukawa street mode indicator 64 is under broadest reasonable interpretation near the eco gauge 74. Fig. 1 of Yamada’s symbols near the radar chart are evaluation points indicating fuel efficiency is located in the vicinity of a radar chart. The radar chart of Yamada is used to evaluate the operator’s driving skills (fuel efficiency) and present the evaluation results to the operator via the evaluation points in the radar chart. It would be obvious to combine the eco gauge display of Furukawa with the radar chart of Yamada to display to the user the fuel efficiency of the work operation and present the evaluation results to the user. Under BRI the displays of Fig. 4 of Furukawa and Fig. 1 of Yamada teach the amended recitations of claim 1. Examiner withdraws the 35 U.S.C. 103 rejection for claims 1-6 and reformulates 35 U.S.C. 103 rejection in view of applicant’s amendment.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 11/12/2025 has been considered by examiner.
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.
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 1-2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Furukawa et al. (US 20140058635 A1) in view of Mintah et al. (US 8185290 B2), Daimon (WO 2020054412 A1), Hoshi et al. (US 20060287841 A1) and Yamada (JP 2012001185 A).
Regarding Claim 1, Furukawa teaches, A display device comprising: a processor (Fig.2 depicts Engine Controller 53, see at least, ¶55, Furukawa), the processor being configured to, in a work machine that is driven by an operator to implement cycle work for repeating a series of work modes: (Fig.4 depicts the display 112 of the multimonitor 53 mounted in the hydraulic excavator 1 or a work machine operated by an operator to switch to the street mode, see at least, ¶69, Fig. 4, Furukawa), displays, for each of the work modes (Fig. 13 depicts a control process for scaling of the fuel gauge display according to a scaling coefficient depending if the work machine is in street mode or work mode, see at least, ¶115, Fig. 13, Furukawa), an actual value relating to driving evaluation for the work machine and a target value relating to the driving evaluation set for each of the work modes on the display device (Fig. 7 depicts the eco gauge 74 with lighted green blocks 81-86 indicating the actual fuel consumption which is an actual value evaluation for the work machine which is below and a target fuel consumption line 91 which is a target value. This means the fuel consumption is within a target value, see at least, ¶77, Fig. 4, Furukawa) display symbols indicating each of the series of work modes (Fig. 5 depicts icons/symbols on the display device indicating work mode switch 134 and street mode switch 131, see at least, ¶71, Furukawa); and the symbols are arranged in the vicinity of fuel efficiency gauge (Fig. 4 depicts the icons/symbols of the street mode indicator 64 in the vicinity of the eco gauge 74, see at least, ¶67, Yamada).
Furukawa does not explicitly teach, a work machine to implement cycle work for repeating a series of work modes wherein the work machine includes working equipment, and wherein the series of work modes includes an unloaded forward mode in which the work machine moves forward to approach an excavation target, an excavation mode in which the work machine excavates the excavation target with the working equipment, a loaded backward mode in which the work machine moves backward to separate from the excavation target in a state in which an excavated object is held by the working equipment, a loaded forward mode in which the work machine moves forward to approach a loading target, a loading mode in which the work machine loads the excavated object held by the working equipment onto the loading target, and an unloaded backward mode in which the work machine moves backward to separate from the loading target, order the series of the work modes; display the actual value and the target value according to the order; display the actual value and the target value in a radar chart scheme; and arrange the symbols in the vicinity of a radar chart.
Mintah, directed to data acquisition for an excavation machine a work machine to implement cycle work for repeating a series of work modes (Fig.3 graph depicts the swing speed of a machine throughout each segment or work mode of the excavation work cycle, see at least, ¶Col 5 Line 45-48, Fig.3, Mintah) the series of work modes includes an excavation mode in which the work machine excavates the excavation target with the working equipment (dig segment, ¶Col3, Line 46-63, Fig.1, Minah), a loaded forward mode in which the work machine moves forward to approach a loading target (swing to truck segment or loaded swing segment, ¶Col3, Line 46-63, Fig.1, Minah), a loading mode in which the work machine loads the excavated object held by the working equipment onto the loading target (dump segment, ¶Col3, Line 46-63, Fig.1, Minah), and an unloaded backward mode in which the work machine moves backward to separate from the loading target (sing-to-trench segment or an empty swing segment, ¶Col3, Line 46-63, Fig.1, Minah) (when dumping is complete the machine may be controlled to swing the work tool 16 back toward dig location, ¶Col5, Line 62-64, Fig.1, Minah), order of the series of the work modes is determined, and records the actual value according to the order (Fig.3 depicts a graph displaying a recording of the actual value of the tool swing velocity according to the order of work modes: DIG, SWING-TO-TRUCK, DUMP, SWING-TO-TRENCH, DIG, see at least, ¶Col5, Line 45-48, Fig.3, Minah).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified Furukawa’s display method including a single work mode to incorporate the teachings of Mintah which teaches a work machine to implement cycle work for repeating a series of work modes, the series of work modes includes an excavation mode in which the work machine excavates the excavation target with the working equipment, a loaded forward mode in which the work machine moves forward to approach a loading target, a loading mode in which the work machine loads the excavated object held by the working equipment onto the loading target, and an unloaded backward mode in which the work machine moves backward to separate from the loading target, order of the series of the work modes is determined, and records the actual value according to the order since they are both related to optimizing the performance of work machines and incorporation of the teachings of Mintah would increase the utility of the overall system since the nature of excavation work requires repeating a series of task segments until the job is complete and incorporation of multiple work modes represented by fuel efficiency gauge of Furukawa would increase the accuracy of the eco gauge during work.
Daimon, directed to a work-machine display system teaches, the series of work modes includes an unloaded forward mode in which the work machine moves forward to approach an excavation target (Fig.3A, depicts the empty wheel loader 1 advances toward the object 100 or target to be excavated, ¶45, Fig.3A, Daimon), and a loaded backward mode in which the work machine moves backward to separate from the excavation target in a state in which an excavated object is held by the working equipment (Fig.3D depicts the wheel loader 1 moving backward separating from the excavation target while loaded with an excavation object held by bucket 6, ¶50, Fig.3D, Daimon) and the display device displays the actual value according to the order (Fig. 9 depicts the event display screen 240 which displays actual values of the wheel loader and event information in order denoted by the time, see at least, ¶107, Fig.9, Daimon).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the display device of Furukawa in view of Minah to incorporate the teachings of Daimon which teaches the series of work modes includes an unloaded forward mode in which the work machine moves forward to approach an excavation target, and a loaded backward mode in which the work machine moves backward to separate from the excavation target in a state in which an excavated object is held by the working equipment and the display device displays the actual value according to the order since they are both related to optimizing work machine displays and incorporation of the teachings of Daimon would increase awareness of the operator by being able to view the historical operating status of the machine over time in order of the series of work modes executed by the machine.
Hoshi, directed to construction machinery such as hydraulic power shovels further teaches, the display device displays the actual value and the target value according to the order (Fig. 9 depicts reference/target values for fuel consumption for each work mode, and Fig 10. Depicts a flow chart process of determining the work mode, comparing fuel consumption per time and fuel consumption per work (actual value) to the preset reference values (target value) and if it exceeds the reference values S17, it provides desired target values on the display the graph of fig.4 on the indicating means 30 in block S18 of Fig. 10, see at least, ¶56-66, Fig. 4, 9 and 10, Hoshi).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the display device of Furukawa in view of Minah and Daimon to incorporate the teachings of Hoshi which teaches the display device displays the actual value and the target value according to the order since they are both related to optimizing the performance of work machines and incorporation of the teachings of Hoshi would increase awareness of the operator to view the fuel consumption information for each working mode over time in order of the work modes accomplished so the operator can adjust the operation of the work tool in accordance with optimal fuel efficiency correlated to each work mode.
Yamada, directed to a fuel consumption information providing device for providing a list of fuel consumption information every traveling condition teaches, wherein the display device displays the actual value (Fig.1 depicts the actual value of a fuel efficiency in a radar chart scheme, see at least, ¶15, Yamada) and the target value in a radar chart scheme (Fig.16b depicts radar chart comparing a radar chart displaying the most recent evaluation score with past evaluation scores interpreted as target values, see at least, ¶X, Yamada) displays symbols, and the symbols are arranged in the vicinity of a radar chart (Fig.1 depicts stars/symbols, are arranged in the vicinity of a radar chart, see at least, ¶15, Yamada).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the display of Furukawa in view of Minah, Daimon and Hoshi’s to incorporate the teachings of Yamada which teaches wherein the display device displays the with the actual and target fuel efficiency information in a radar chart, since they are both related to displaying fuel consumption information to a vehicle operator and incorporation of the teachings of Yamada would increase the awareness of the operator and by displaying to the operator a radar chart in the vicinity of the work mode symbols, so a driver can glance at the radar chart and quickly evaluate work mode fuel economy (see at least, ¶16, Yamada).
Regarding Claim 2, Furukawa in view of Minah, Daimon, Hoshi and Yamada teaches, The display device according to claim 1, wherein the driving evaluation includes fuel efficiency indicating fuel consumption of the work machine per unit time (fuel consumption is measured in l/h or liter/hour, see at least, ¶79, Furukawa).
Minah, directed to data acquisition for an excavation machine further teaches, and work efficiency indicating a work amount of the work machine with respect to the fuel consumption (fuel consumption information could be used to calculate a performance parameter (work efficiency) such as amount of material moved (work amount) per unit of fuel consumed, see at least, ¶Col9, Line 10-19, Minah).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have further modified the invention of Furukawa in view of Minah fuel consumption display to further incorporate the teachings of Mintah which teaches work efficiency indicating a work amount of the work machine with respect to the fuel consumption since they are both related to optimizing the performance of work machines and incorporation of the teachings of Mintah would increase the awareness of the operator by reporting to the operator a translation of the fuel consumption into a meaningful amount of work accomplished such as material moved.
Regarding Claim 6, Furukawa in view of Minah, Daimon, Hoshi and Yamada teaches, the display device according to claim 1.
Hoshi, directed to construction machinery such as hydraulic power shovels further teaches, wherein the display device displays guidance relating to driving of the operator for each of the work modes to reduce a difference between the actual value and the target value (Fig. 10 for each work mode of block S11, after determining in block S17 that the actual measured fuel efficiency exceeds the reference/target values, S18 describes that a warning is displayed which prompts the user to improve fuel consumption which one of ordinary skill would understand to be reduce a difference between the actual fuel consumption and a target/reference fuel consumption , ¶65, Fig.10, Hoshi).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the display of Furukawa in view of Minah, Daimon, Hoshi and Yamada’s to further incorporate the teachings of Hoshi which teaches wherein the display device displays guidance relating to driving of the operator for each of the work modes to reduce a difference between the actual value and the target value since they are both related to optimizing the performance of work machines and incorporation of the teachings of Hoshi would increase awareness of the operator to view the fuel consumption information for each working mode over time in order of the work modes accomplished so the operator can adjust the operation of the work tool in accordance with optimal fuel efficiency correlated to each work mode.
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 IRENE C KHUU whose telephone number is (703)756-1703. The examiner can normally be reached Monday - Friday 0900-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached on (571)272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IRENE C KHUU/
Examiner, Art Unit 3664
/RACHID BENDIDI/ Supervisory Patent Examiner, Art Unit 3664