Prosecution Insights
Last updated: September 17, 2026
Application No. 18/376,683

EXCAVATOR DUMP AUTOMATION

Final Rejection §103
Filed
Oct 04, 2023
Examiner
ALZATEEMEH, HUSSAM ALDEEN
Art Unit
3662
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Caterpillar Trimble Control Technologies LLC
OA Round
2 (Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
1m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
15 granted / 28 resolved
+1.6% vs TC avg
Strong +38% interview lift
Without
With
+37.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
15 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§101
8.9%
-31.1% vs TC avg
§103
60.9%
+20.9% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 28 resolved cases

Office Action

§103
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 . Claims 1-20 have been presented for examination. Claims 1, 8, and 15 have been amended. Claims 1-20 are rejected. Response to Arguments Applicant’s amendments and arguments, see pages 7-9, filed 03/16/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Matsuyama (US 20180148905 A1). 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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Okuwaki (US 20230074375 A1), in view of Wutke (US 20200399866 A1), and further in view of Matsuyama (US 20180148905 A1). Regarding Claim 1, Okuwaki discloses a computer-implemented method of performing a material dump operation at a construction machine [0008] “the control system can suppress lowering of the lowest point of a bucket in automatic dumping control.” [0064] “FIG. 5 is a schematic block diagram showing the configuration of the control device 125 of the work machine according to the first embodiment.” [0066] “The control device 125 is a computer that includes a processor 1210”, the computer-implemented method comprising: receiving a … to activate a material dump mode of the construction machine [0074] “The instruction receiving unit 1213 receives the automatic excavation and loading instruction from the controlling gear 300. The instruction receiving unit 1213 determines that the automatic excavation and loading control is started, with the reception of the automatic excavation and loading instruction. The automatic excavation and loading control includes automatic dumping control. That is, the instruction receiving unit 1213 is an example of an automatic control determination unit that determines whether or not to start the automatic dumping control.”, the construction machine having a bucket and an arm that are pivotally connected via a bucket pin [0034] “The arm 112 connects the boom 111 and the bucket 113. A base end portion of the arm 112 is mounted to a tip portion of the boom 111 through a pin.”; setting a fixed rotation point in a reference frame that is to be at a constant distance during the material dump operation from one or both of (i) the bucket pin and/or (ii) a leading edge of the bucket [0089] “The dumping control unit 1222 generates each command by the following procedure in order to suppress a fluctuation of the height of the bucket 113. The dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction until the inclination of the bucket 113 reaches a predetermined dumping completion angle. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that, for example, the bucket 113 rotates around a geometric center of gravity G (i.e., fixed rotation point) of the side surface of the bucket 113 during the rotation of the bucket 113.” [0091] “By rotating the locus Lg by 180 degrees and aligning a starting point with the pin of the bucket 113, it is possible to obtain the locus Lp of the pin of the bucket 113 for keeping the position of the geometric center of gravity G constant.”. receiving … while the material dump mode is activated to cause the bucket to uncurl [0087] “When the bucket 113 arrives at the dumping start position P07, the dumping control unit 1222 generates commands to control the boom 111, the arm 112, and the bucket 113 in order to rotate the bucket 113 in the dump direction.” [0107] “the dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction at a constant angular velocity (step S108). The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 by PID control based on the position of the pin of the bucket 113 and the locus Lp (step S109). That is, the dumping control unit 1222 generates a command to rotate the boom 111 in the raising direction and a command to rotate the arm 112 in the pulling direction. The command output unit 1224 outputs the command generated in step S108 and the command generated in step S109 (step S110).” Once the automatic excavation/loading is active and the bucket is at the dumping start position P07, the system automatically starts bucket rotation in the dump direction. and while the bucket is uncurling, and in response to receiving the … input while the material dump mode is activated [0087] “When the bucket 113 arrives at the dumping start position P07, the dumping control unit 1222 generates commands to control the boom 111, the arm 112, and the bucket 113 in order to rotate the bucket 113 in the dump direction.” [0107] “the dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction at a constant angular velocity (step S108). The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 by PID control based on the position of the pin of the bucket 113 and the locus Lp (step S109). That is, the dumping control unit 1222 generates a command to rotate the boom 111 in the raising direction and a command to rotate the arm 112 in the pulling direction. The command output unit 1224 outputs the command generated in step S108 and the command generated in step S109 (step S110).” During bucket rotation (uncurling/dumping), the dumping control unit generates control commands (signals) to the bucket, boom, and arm actuators. generating one or more control signals causing one or more elements of the arm to vertically rotate so as to maintain the constant distance from the fixed rotation point while the bucket is uncurling [0089] “The dumping control unit 1222 generates each command by the following procedure in order to suppress a fluctuation of the height of the bucket 113. The dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction until the inclination of the bucket 113 reaches a predetermined dumping completion angle. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that, for example, the bucket 113 rotates around a geometric center of gravity G (i.e., fixed rotation point) of the side surface of the bucket 113 during the rotation of the bucket 113.” [0090] “A locus Lp of the pin of the bucket 113 at the time of the automatic dumping control by the dumping control unit 1222 is obtained in advance by calculation. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that the pin of the bucket 113 moves along the locus Lp.” [0092] “As shown in FIG. 8, the locus Lp of the pin moves in the upward direction and the front direction of the bucket 113. Therefore, the dumping control unit 1222 outputs a command to rotate the boom 111 in the raising direction during a period until the inclination of the bucket 113 reaches the dumping completion angle from the inclination at the time of start of the automatic dumping control.” [0112] “By rotating the arm 112 in the pulling direction while the bucket 113 is rotating in the dump direction, it is possible to cancel out the movement in the horizontal direction of the teeth of the bucket 113.” Okuwaki system’s boom and arm are rotated (boom raised, arm pulled) while the bucket is dumping. The coordinated motion keeps the bucket lowest point and teeth near a controlled locus, effectively reducing vertical and horizontal movement relative to the chosen reference point (e.g., G or a point inside the pin–teeth segment circle). Okuwaki appears to fail to teach the full claim limitations regarding “a first user input and a second user input to activate the material dump”. However, Wutke teaches equivalent teachings wherein a first user input and a second user input to activate the material dump [0012] “the electronic controller is further configured to receive a signal to activate an automatic dump control from a user interface. In some of these embodiments, the electronic controller is configured to control the dump cylinder at the initial speed to move from the first position towards the second position in response to receiving the signal to activate the automatic dump control.” [0056] “the controller 205 determines whether a signal to activate automatic dump control has been received (e.g., operator presses an activation button of the user interface 210) (STEP 535). [0058] “during the automatic opening of the bucket 125, the controller 205 receives a user input command (e.g., activating a foot pedal, activating a thumb wheel, etc.) (STEP 555), the controller 205 ends the automatic opening of the bucket 125 and initiates manual operator control (STEP 560). Manual operator control in STEP 560 is similar to manual operator control in STEP 530. The process 500 then returns to control section A shown in and described with respect to FIG. 12. When no user input command is received at STEP 555, the controller 205 determines whether a signal to deactivate automatic dump control has been received (e.g., operator presses an activation button a second time) (STEP 565).” Okuwaki’s starts the automatic dumping control and Wutke’s explicit user-interface activation mechanism is to provide operator-triggered “dump mode.” Okuwaki teaches an automatic dumping control in which the bucket is rotated in a dump direction while the boom and arm are simultaneously controlled to manage the bucket locus and reduce undesired movement/height fluctuation (e.g., commands based on a precomputed locus and PID control). Wutke teaches operator/user-interface initiated automatic dump control and actuator extension/retraction. It would have been obvious to a person that is skilled in the art before the effective filling date to modify Okuwaki’s automatic dumping control to be explicitly initiated/triggered by user inputs via a user interface, and to implement the bucket dumping actuator action (including retraction) and control-loop timing/feedback in the manner taught by Wutke. A person that is skilled in the art would have been motivated to combine Okuwaki and Wutke teachings to improve overall system operational life and to reduce wear and tear by user inputs [0003] “the dump operation is automated to automatically open and close the bucket door within the bucket's full range of motion. For example, the position sensor can be calibrated and used to implement a reduced speed region where the dump cylinder piston is slowed down to gradually approach an end-of-travel position. As a result, shock forces experienced by the internal components of the dump cylinder are reduced and the operational life of the dump cylinders can be improved.” [0051] “the operator is able to activate automated dump control but, when the operator wants to regulate the flow of material from the bucket 125, conventional, manual dump control can be used.” Okuwaki and Wutke do not appear to teach receiving a second user input while the material dump mode is activated to cause the bucket to uncurl “wherein the second user input controls a variable speed of the uncurling of the bucket” However, Matsuyama teaches receiving a second user input while the material dump mode is activated to cause the bucket to uncurl wherein the second user input controls a variable speed of the uncurling of the bucket [0028] “A manipulator 1211 for operating the work equipment 110 is provided inside the cab 121. A working fluid is supplied to the boom cylinders 114, the arm cylinder 115, and the bucket cylinder 116 in response to an amount of manipulation of the manipulator 1211” (i.e., the operator manipulator provides a user input, and the hydraulic flow/speed supplied to the bucket cylinder varies based on the amount of manipulation) [0032] “The manipulator 1211 detects amounts of manipulation of the right manipulation lever 1212 and outputs operation signals corresponding to the detected amounts of manipulation to the control device 126” (i.e., the second user input is detected as a variable manipulation amount rather than merely an on/off command) [0033] “a manipulation of the right manipulation lever 1212 in the rightward direction corresponds to a command for a contracting motion of the bucket cylinder 116 and a command for a dumping motion of the bucket 113” (i.e., the second user input causes the bucket cylinder to contract/retract and causes the bucket to dump/uncurl) [0053] “The manipulation amount acquiring unit 201 acquires an operation signal indicating an amount of manipulation (the pilot hydraulic pressure or an angle of an electric lever) from the manipulator 1211 [including an amount of manipulation relating to the bucket 113” (i.e., the user input is a variable amount such as pilot pressure or lever angle associated with bucket operation) and [0064] “The target speed deciding unit 207 decides a target speed of the bucket 113 on the basis of the amount of manipulation of the right manipulation lever 1212 in the leftward/rightward direction” (i.e., the variable user input controls the variable target speed of bucket dumping/uncurling). It would have been obvious to a person that is skilled in the art before the effective filling date to combine Okuwaki, Wutke, and Matsuyama because the references relate to control of hydraulic excavator work equipment including boom, arm, and bucket actuators. Okuwaki teaches the automatic dumping geometry control, including rotating the bucket in the dump direction while controlling the boom and arm according to a calculated position and Matsuyama teaches using the operator’s manipulation amount to determine target speeds for the boom, arm, and bucket while the controller performs automatic work equipment control. A person of ordinary skill would have been motivated to use Matsuyama’s manipulation-amount based bucket speed control to allow the operator to variably meter the bucket dump/uncurl speed thereby improving dumping precision and operator workability Matsuyama [0087] “In contrast, according to the first embodiment, even when a disturbance occurs, the posture control can cope with the disturbance by only changing a control over the bucket control. For this reason, countermeasures against a disturbance are frequently facilitated. In this way, the posture control of the work equipment according to the first embodiment is used in the overall excavation work, and thereby workability for the operator is improved.” Regarding Claim 2, The combination of Okuwaki, Wutke, and Matsuyama teach the computer-implemented method of claim 1, Okuwaki discloses wherein some input causes a bucket actuator of the construction machine to some retract, causing the bucket to uncurl [0038] “The bucket cylinder 116 is a hydraulic cylinder for driving the bucket 113. A base end portion of the bucket cylinder 116 is mounted to the arm 112. A tip portion of the bucket cylinder 116 is mounted to the bucket 113.” [0107] “the dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction at a constant angular velocity (step S108). The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 by PID control based on the position of the pin of the bucket 113 and the locus Lp (step S109). That is, the dumping control unit 1222 generates a command to rotate the boom 111 in the raising direction and a command to rotate the arm 112 in the pulling direction. The command output unit 1224 outputs the command generated in step S108 and the command generated in step S109 (step S110).” Bucket rotation in the dump direction is accomplished by driving bucket cylinder 116 (bucket actuator) and retracting the bucket cylinder, causing the bucket to uncurl/dump. Okuwaki appears to fail to teach the full claim limitations regarding “a second user input causes a bucket actuator of the construction machine to retract”. However, Wutke teaches equivalent teachings wherein a second user input causes a bucket actuator of the construction machine to retract [0012] “the electronic controller is further configured to receive a signal to activate an automatic dump control from a user interface. In some of these embodiments, the electronic controller is configured to control the dump cylinder at the initial speed to move from the first position towards the second position in response to receiving the signal to activate the automatic dump control.” [0046] “By being extended and retracted, the dump cylinder 305 causes the door 301 to close and open with respect to the main body 302.” Wutke’s retracting corresponds to fully open the dump cylinder opens the door (dump/open action). [0056] “the controller 205 determines whether a signal to activate automatic dump control has been received (e.g., operator presses an activation button of the user interface 210) (STEP 535). [0058] “during the automatic opening of the bucket 125, the controller 205 receives a user input command (e.g., activating a foot pedal, activating a thumb wheel, etc.) (STEP 555), the controller 205 ends the automatic opening of the bucket 125 and initiates manual operator control (STEP 560). Manual operator control in STEP 560 is similar to manual operator control in STEP 530. The process 500 then returns to control section A shown in and described with respect to FIG. 12. When no user input command is received at STEP 555, the controller 205 determines whether a signal to deactivate automatic dump control has been received (e.g., operator presses an activation button a second time) (STEP 565).” Okuwaki’s starts the automatic dumping control and Wutke’s explicit user-interface activation mechanism is to provide operator-triggered “dump mode.” Okuwaki teaches an automatic dumping control in which the bucket is rotated in a dump direction while the boom and arm are simultaneously controlled to manage the bucket locus and reduce undesired movement/height fluctuation (e.g., commands based on a precomputed locus and PID control). Wutke teaches operator/user-interface initiated automatic dump control and actuator extension/retraction. It would have been obvious to a person that is skilled in the art before the effective filling date to modify Okuwaki’s automatic dumping control to be explicitly initiated/triggered by user inputs via a user interface, and to implement the bucket dumping actuator action (including retraction) and control-loop timing/feedback in the manner taught by Wutke. A person that is skilled in the art would have been motivated to combine Okuwaki and Wutke teachings to improve overall system operational life and to reduce wear and tear by user inputs [0003] “the dump operation is automated to automatically open and close the bucket door within the bucket's full range of motion. For example, the position sensor can be calibrated and used to implement a reduced speed region where the dump cylinder piston is slowed down to gradually approach an end-of-travel position. As a result, shock forces experienced by the internal components of the dump cylinder are reduced and the operational life of the dump cylinders can be improved.” [0051] “the operator is able to activate automated dump control but, when the operator wants to regulate the flow of material from the bucket 125, conventional, manual dump control can be used.” Regarding Claim 3, The combination of Okuwaki, Wutke, and Matsuyama teach the computer-implemented method of claim 1, Okuwaki discloses wherein the arm of the construction machine comprises a boom and a stick, wherein the boom is semi-rigidly connected to the stick, and the stick is semi-rigidly connected to the bucket [0031] “The work equipment 110 includes a boom 111, an arm 112, a bucket 113” [0033] “A base end portion of the boom 111 is mounted to a front portion of the swing body 120 through a pin.” [0034] “A base end portion of the arm 112 is mounted to a tip portion of the boom 111 through a pin” [0035] “A base end portion of the bucket 113 is mounted to a tip portion of the arm 112 through a pin” Okuwaki discloses a boom 111, arm 112, and bucket 113 that form a linked arm assembly connections via pins (i.e., semi-rigid connections (rigid links rotating about joints). Regarding Claim 4, The combination of Okuwaki, Wutke, and Matsuyama teach the computer-implemented method of claim 3, Okuwaki discloses wherein generating the one or more control signals causes a stick actuator and a boom actuator of the construction machine to extend or retract to maintain the leading edge of the bucket at the constant distance from the fixed rotation point while the bucket is uncurling [0036] “The boom cylinder 114 is a hydraulic cylinder for operating the boom 111.” [0037] “The arm cylinder 115 is a hydraulic cylinder for driving the arm 112.” [0089] “The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that, for example, the bucket 113 rotates around a geometric center of gravity G (i.e., fixed rotation point) of the side surface of the bucket 113 during the rotation of the bucket 113.” [0090] “A locus Lp of the pin of the bucket 113 at the time of the automatic dumping control by the dumping control unit 1222 is obtained in advance by calculation. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that the pin of the bucket 113 moves along the locus Lp.” [0092] “the dumping control unit 1222 outputs a command to rotate the boom 111 in the raising direction during a period until the inclination of the bucket 113 reaches the dumping completion angle from the inclination at the time of start of the automatic dumping control.” [0112] “By rotating the arm 112 in the pulling direction while the bucket 113 is rotating in the dump direction, it is possible to cancel out the movement in the horizontal direction of the teeth of the bucket 113.” Okuwaki system’s commands are generated by the dumping control unit drive boom cylinder 114 and arm cylinder 115 boom/ stick actuators to extend/retract such that boom and arm rotate. This keeps bucket teeth / lowest point near a fixed locus relative to the reference point (G or a point inside the pin–teeth circle) to maintaining the leading edge at a constant distance from the fixed rotation point while dumping. Regarding Claim 5, The combination of Okuwaki, Wutke, and Matsuyama teach the computer-implemented method of claim 4, Okuwaki discloses wherein generating the one or more control signals includes, for each time step of multiple time steps: determining an actual angle associated with the bucket at the time step [0041] “The bucket angle sensor 119 is mounted to the bucket 113 and detects an inclination angle of the bucket 113.”; and calculating a target angle associated with the stick and a target angle associated with the boom based on the actual angle associated with the bucket at the time step and the fixed rotation point [0089] “The dumping control unit 1222 generates each command by the following procedure in order to suppress a fluctuation of the height of the bucket 113. The dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction until the inclination of the bucket 113 reaches a predetermined dumping completion angle. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that, for example, the bucket 113 rotates around a geometric center of gravity G (i.e., fixed rotation point) of the side surface of the bucket 113 during the rotation of the bucket 113.” [0090] “A locus Lp of the pin of the bucket 113 at the time of the automatic dumping control by the dumping control unit 1222 is obtained in advance by calculation. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that the pin of the bucket 113 moves along the locus Lp.” [0101] “During the automatic excavation and loading control, the vehicle data acquisition unit 1211 acquires the position and azimuth direction of the swing body 120, the inclination angles of the boom 111, the arm 112, and the bucket 113, and the posture of the swing body 120 at regular intervals.” “[0113] Further, the control device 125 according to the first embodiment generates the command such that the amount of movement of the geometric center of gravity G of the side surface of the bucket 113 is reduced compared to a case where the boom 111 and the arm 112 are not controlled. In other embodiments, there is no limitation to this. For example, the control device 125 according to another embodiment may generate the command such that the amount of movement of the center point of a circumscribed circle that is in contact with the contour of the side surface of the bucket 113 is reduced.” The current bucket inclination and precomputed locus Lp (determined from the reference point G / point inside pin teeth circle, the controller derives the desired pin position, which corresponds to target boom/arm angles.; wherein the one or more control signals cause an actual angle associated with the stick to align with the target angle associated with the stick and an actual angle associated with the boom to align with the target angle associated with the boom [0092] “As shown in FIG. 8, the locus Lp of the pin moves in the upward direction and the front direction of the bucket 113. Therefore, the dumping control unit 1222 outputs a command to rotate the boom 111 in the raising direction during a period until the inclination of the bucket 113 reaches the dumping completion angle from the inclination at the time of start of the automatic dumping control.” [0107] “the dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction at a constant angular velocity (step S108). The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 by PID control based on the position of the pin of the bucket 113 and the locus Lp (step S109). Okuwaki system’s boom angle is sensed and updated at regular intervals and the control signals drive the boom such that its actual state (angle/configuration) converges to the state required to keep the pin on the desired locus Lp (i.e., align to the (target) implied by Lp). The arm 112 (i.e., stick is the link between the boom and the bucket and the actuator which is arm cylinder 115). Regarding Claim 6, The combination of Okuwaki, Wutke, and Matsuyama teach the computer-implemented method of claim 1, Okuwaki discloses wherein the fixed rotation point is set to be within an inner 50% region formed by parallel lines between the bucket pin and the leading edge that are orthogonal to a line connecting the bucket pin and the leading edge (See Fig.8) [0089] “The dumping control unit 1222 generates each command by the following procedure in order to suppress a fluctuation of the height of the bucket 113. The dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction until the inclination of the bucket 113 reaches a predetermined dumping completion angle. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that, for example, the bucket 113 rotates around a geometric center of gravity G (i.e., fixed rotation point) of the side surface of the bucket 113 during the rotation of the bucket 113.” [0113] “the control device 125 according to the first embodiment generates the command such that the amount of movement of the geometric center of gravity G of the side surface of the bucket 113 is reduced compared to a case where the boom 111 and the arm 112 are not controlled. In other embodiments, there is no limitation to this. For example, the control device 125 according to another embodiment may generate the command such that the amount of movement of the center point of a circumscribed circle that is in contact with the contour of the side surface of the bucket 113 is reduced. When the control device 125 generates the command such that the amount of movement of a point inside a circle whose diameter is a line segment connecting the teeth and the pin of the bucket 113 is reduced, it is possible to appropriately reduce the amount of movement of the bucket 113.” The geometric center of gravity G (i.e., fixed rotation point) is shown in Fig.8 which demonstrates that the G falls within the inner 50% region formed by parallel lines between the bucket pin and the leading edge that are orthogonal to a line connecting the bucket pin and the leading edge as claimed. Regarding Claim 7, The combination of Okuwaki, Wutke, and Matsuyama teach the computer-implemented method of claim 1, Okuwaki discloses wherein the constant distance from the bucket pin to the fixed rotation point is greater than the constant distance from the leading edge of the bucket to the fixed rotation point during the material dump operation (See Fig.8) [0089] “The dumping control unit 1222 generates each command by the following procedure in order to suppress a fluctuation of the height of the bucket 113. The dumping control unit 1222 generates a command to rotate the bucket 113 in the dump direction until the inclination of the bucket 113 reaches a predetermined dumping completion angle. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that, for example, the bucket 113 rotates around a geometric center of gravity G (i.e., fixed rotation point) of the side surface of the bucket 113 during the rotation of the bucket 113.” [0090] “A locus Lp of the pin of the bucket 113 at the time of the automatic dumping control by the dumping control unit 1222 is obtained in advance by calculation. The dumping control unit 1222 generates commands to drive the boom 111 and the arm 112 such that the pin of the bucket 113 moves along the locus Lp.” [0092] “As shown in FIG. 8, the locus Lp of the pin moves in the upward direction and the front direction of the bucket 113. Therefore, the dumping control unit 1222 outputs a command to rotate the boom 111 in the raising direction during a period until the inclination of the bucket 113 reaches the dumping completion angle from the inclination at the time of start of the automatic dumping control.” [0112] “By rotating the arm 112 in the pulling direction while the bucket 113 is rotating in the dump direction, it is possible to cancel out the movement in the horizontal direction of the teeth of the bucket 113.” Okuwaki-Wutke does not specifically disclose that the constant distance from the bucket pin to the fixed rotation point is greater than the constant distance from the leading edge of the bucket to the fixed rotation point. However, before the effective filing date of the claimed invention, it would have been obvious to modify the system of Okuwaki-Wutke by using a bucket shape where the center of gravity falls closer to the leading edge than to the bucket pin; it would have been obvious to try this choice from the finite number (3) of identified, predictable solutions with a reasonable expectation of success (see MPEP 2143(I)(E)). [0043] of the instant specification explains that with the use of an appropriate bucket and fixed rotation point, "The platform's ability to rotate horizontally about an axis of rotation enables construction machine 100 to maneuver easily in tight spaces and improves its operational efficiency." Experimentation with different bucket shapes is to be expected, and could have resulted in any of three finite solutions: the constant distance from the bucket pin the fixed rotation point could be greater than, less than, or equal to the constant distance from the leading edge of the bucket to the fixed rotation point. Any of these three choices, including the option of the constant distance from the bucket pin to the fixed rotation point being greater than the constant distance from the leading edge to the fixed rotation point, could have been pursued with a reasonable expectation of success. Regarding Claim 8, The combination of Okuwaki, Wutke, and Matsuyama teach the computer-implemented method of claim 1, Okuwaki discloses wherein the construction machine is an excavator [0030] “The work machine 100 according to the first embodiment is a hydraulic excavator. The work machine 100 according to another embodiment may be a work vehicle other than a hydraulic excavator.” Regarding Claim 9, The claim recites a non-transitory computer readable medium of the parallel limitations in claim 1, respectively for the reasons discussed above. Therefore, claim 9 is rejected using the same rational reasoning. Regarding Claim 10, The claim recites a non-transitory computer readable medium of the parallel limitations in claim 2, respectively for the reasons discussed above. Therefore, claim 10 is rejected using the same rational reasoning. Regarding Claim 11, The claim recites a non-transitory computer readable medium of the parallel limitations in claim 4, respectively for the reasons discussed above. Therefore, claim 11 is rejected using the same rational reasoning. Regarding Claim 12, The claim recites a non-transitory computer readable medium of the parallel limitations in claim 5, respectively for the reasons discussed above. Therefore, claim 12 is rejected using the same rational reasoning. Regarding Claim 13, The claim recites a non-transitory computer readable medium of the parallel limitations in claim 6, respectively for the reasons discussed above. Therefore, claim 13 is rejected using the same rational reasoning. Regarding Claim 14, The claim recites a non-transitory computer readable medium of the parallel limitations in claim 7, respectively for the reasons discussed above. Therefore, claim 14 is rejected using the same rational reasoning. Regarding Claim 15, The claim recites a system of the parallel limitations in claim 1, respectively for the reasons discussed above. Therefore, claim 15 is rejected using the same rational reasoning. Regarding Claim 16, The claim recites a system of the parallel limitations in claim 2, respectively for the reasons discussed above. Therefore, claim 16 is rejected using the same rational reasoning. Regarding Claim 17, The claim recites a system of the parallel limitations in claim 4, respectively for the reasons discussed above. Therefore, claim 17 is rejected using the same rational reasoning. Regarding Claim 18, The claim recites a system of the parallel limitations in claim 5, respectively for the reasons discussed above. Therefore, claim 18 is rejected using the same rational reasoning. Regarding Claim 19, The claim recites a system of the parallel limitations in claim 6, respectively for the reasons discussed above. Therefore, claim 19 is rejected using the same rational reasoning. Regarding Claim 20, The claim recites a system of the parallel limitations in claims 7, respectively for the reasons discussed above. Therefore, claim 20 is rejected using the same rational reasoning. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Rocke (US 5446980 A) teaches an automatic excavation control system for a hydraulic excavator that controls a boom, stick, and bucket through an excavation/loading work cycle, including moving the bucket to a dump position and uncurling the bucket to dump material into a truck, with actuator commands generated based on sensed implement positions and predetermined control points. Koch (US 8244438 B2) teaches a work-machine tool control system that receives operator input, determines a desired tool path or work-tool position, senses actual boom, stick, and bucket positions, and automatically controls work-tool actuators to reduce deviation between the actual tool position and the desired path. Brabec (US 5933346 A) teaches an excavator bucket depth and angle controller in which operator manipulation and automatic controller functions are used to control boom, arm, and bucket movement so that a bucket cutting edge or bucket angle follows a desired excavation profile or target position. 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 HUSSAM ALZATEEMEH whose telephone number is (703)756-1013. The examiner can normally be reached 8:00-5:00 M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aniss Chad can be reached on (571) 270-3832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HUSSAM ALDEEN ALZATEEMEH/Examiner, Art Unit 3662 /ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662
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Prosecution Timeline

Oct 04, 2023
Application Filed
Dec 16, 2025
Non-Final Rejection mailed — §103
Mar 16, 2026
Response Filed
Sep 11, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
91%
With Interview (+37.5%)
3y 0m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 28 resolved cases by this examiner. Grant probability derived from career allowance rate.

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