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 .
DETAILED ACTION
Priority
The applicant’s priority to foreign application JP2021-084780 filed on May 19th, 2021 has been accepted.
Information Disclosure Statement
The Information Disclosure Statements filed on November 7th, 2023, December 5th 2025 and January 15th, 2026 have been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “operation signal input unit,” “a movement control unit,” “an output determination unit,” and “operation signal output unit” and “avoidance angle specifying unit” throughout the claims.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1-4 contain terms that invoke 112f however the specification is silent as to what the “operation signal input unit,” “a movement control unit,” “an output determination unit,” and “operation signal output unit” and “avoidance angle specifying unit” actually are.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitations “operation signal input unit,” “a movement control unit,” “an output determination unit,” and “operation signal output unit” and “avoidance angle specifying unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed functions and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mairet et al (US 20190226175), hereafter Mairet.
With regards to claim 1, Mairet discloses a control system (150) for a loading machine including a swing body (cab 112) swinging around a swing center, a support part (frame not labeled in Fig. 1) supporting the swing body, and work equipment having a bucket (106) and attached to the swing body, the control system for a loading machine comprising: an operation signal input unit configured to receive an input of a manual operation signal for the swing body and the work equipment on the basis of an operation of an operation device configured to operate the swing body and the work equipment (P0021); a movement control unit configured to generate an automatic operation signal for driving the swing body and the work equipment (P0033); an output determination unit configured to determine to output the manual operation signal for any of the swing body and the work equipment for which there has been an input of the manual operation signal and determine to output the automatic operation signal for any thereof for which there has been no input of the manual operation signal, on the basis of the input manual operation signal (P034, L1-5); and an operation signal output unit configured to output the manual operation signal or the automatic operation signal for each of the swing body and the work equipment on the basis of a result of the determination (P0039).
With regards to claim 2, Mairet discloses all the elements of claim 1 as outlined above. Mairet further discloses wherein the work equipment is provided with a plurality of link parts (boom arms 108) including the bucket (106), and if the result of the determination indicates that the manual operation signal is output for at least one link part among the plurality of link parts, the movement control unit generates the automatic operation signal for another link part, which is other than the at least one link part, among the plurality of link parts such that an operation amount thereof approaches an operation amount of the manual operation signal related to the another link part (P0034).
With regards to claim 5, Mairet A control method (Abstract) for a loading machine including a swing body (cab 112) swinging around a swing center, a support part (frame not labeled separately in Fig. 1) supporting the swing body, and work equipment having a bucket (106) and attached to the swing body, the control method for a loading machine comprising: a step of receiving an input of a manual operation signal for the swing body and the work equipment on the basis of an operation of an operation device configured to operate the swing body and the work equipment (P0021); a step of generating an automatic operation signal for driving the swing body and the work equipment(P0033); a step of determining to output the manual operation signal for any of the swing body and the work equipment for which there has been an input of the manual operation signal and determining to output the automatic operation signal for any thereof for which there has been no input of the manual operation signal, on the basis of the input manual operation signal (P034, L1-5); and a step of outputting the manual operation signal or the automatic operation signal for each of the swing body and the work equipment on the basis of a result of the determination (P0039)
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mairet,
With regards to claim 3, Mairet discloses all the elements of claim 1 as outlined above. Mairet does not directly disclose wherein the output determination unit determines to output the automatic operation signal for any of the swing body and the work equipment in which the operation amount of the manual operation signal is less than an operation amount of the automatic operation signal. However, this would be obvious to a person with ordinary skill in the art before the effective filing date of the invention in order for the work equipment to function.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mairet as applied to claim 1 above, and further in view of Friend et al. (US 20170191246), hereafter Friend.
With regards to claim 4, Mairet discloses all the elements of claim 1 as outlined above. Mairet does not disclose an avoidance angle specifying unit configured to specify an interference avoidance angle, which is a swing angle of the swing body at which the bucket and a loading target do not overlap in a plan view from above, during an automatic control of moving the bucket from above the loading target to an excavation start point, wherein the operation signal output unit outputs the automatic operation signal for the work equipment regardless of the manual operation signal until the swing angle of the swing body reaches the interference avoidance angle.
However, Friend discloses avoiding collision between an excavation machine and a target (P0046). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the invention to prevent collision as disclosed by Friend in order to avoid damaging the loading machine (MPEP 2143.I.D).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LYNN BURKMAN whose telephone number is (571)272-5824. The examiner can normally be reached M-Th 7:30am to 6:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571)272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L.B./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/ Supervisory Patent Examiner, Art Unit 3653