Prosecution Insights
Last updated: October 23, 2026
Application No. 18/386,143

LIDAR DETECTION SYSTEM FOR A LIFT DEVICE

Final Rejection §102§103
Filed
Nov 01, 2023
Priority
Nov 03, 2022 — provisional 63/422,254
Examiner
HULKA, JAMES R
Art Unit
3645
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Oshkosh Corporation
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
757 granted / 992 resolved
+24.3% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
35 currently pending
Career history
1031
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
55.9%
+15.9% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 992 resolved cases

Office Action

§102 §103
DETAILED ACTION Response to Amendment Claim 4 is cancelled. Claim 21 is new. Claims 1, 5-6, 8, 10, 13, 16 and 20 are amended. Claims 1-3 and 5-21 are pending. 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)(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) 1-3, 5-21 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yutzy (US 2020/0095105). Regarding Claim 1, Yutzy discloses a lift device [Fig 1-3], comprising: a lift assembly [Fig 1-3]; a platform coupled with the lift assembly, the lift assembly configured to operate to raise or lower the platform [#14, #16 of Fig 1-3]; and an obstacle detection system comprising: a first lidar sensor positioned and configured to detect objects in a first detection zone along a first side of the base, the first side adjacent to the first lidar sensor [#114a of Fig 3, 5-7; 0028; 0037-39; 0041; 0043-51; 0055-56]; …; a second lidar sensor positioned… in a second detection zone [#114b of Fig 3, 5-7; 0028; 0037-39; 0041; 0043-51; 0055-56]…; a third lidar sensor positioned… in a third detection zone [#114c of Fig 3, 5-7; 0028; 0037-39; 0041; 0043-51; 0055-56] …; a fourth lidar sensor positioned… in a fourth detection zone … [#114d of Fig 3, 5-7; 0028; 0037-39; 0041; 0043-51; 0055-56]; wherein the first lidar sensor, the second lidar sensor, the third lidar sensor, and the fourth lidar sensor are oriented in a downwards direction to detect objects or obstacles that are at a vertical position lower than the base of the platform [see #5, #84 of Fig 2, 3; 0037; 0041-46; 0076]. Yutzy does not explicitly teach (first/second/third/fourth lidar sensors) at a first/second/third/fourth corner of a base of the platform – but each sensor is placed on a different side of a four-sided platform, having a unique and separate field of view from the other lidar sensors, thus it would be obvious to position the sensors equally around the perimeter of the platform, whether that be in the middle of the side or one at each corner [0025; 0038-39; 0050-51; 0055-56]. Regarding Claims 10 and 16, Yutzy discloses an obstacle detection system and method for a lift device [Fig 1-3], the obstacle detection system comprising: a first lidar sensor …oriented at least partially downwards and configured to monitor an area below a first lateral side of the platform, the first lateral side adjacent to the first lidar sensor [#114a of Fig 3, 5-7; 0028; 0037-39; 0041; 0043-51; 0055-56]; a second lidar sensor … oriented at least partially downwards and configured to monitor an area below a first longitudinal side of the platform, , the second lateral side adjacent to the second lidar sensor [#114b of Fig 3, 5-7; 0028; 0037-39; 0041; 0043-51; 0055-56]; a third lidar sensor … oriented at least partially downwards and configured to monitor an area below a second lateral side of the platform, , the third lateral side adjacent to the third lidar sensor [#114c of Fig 3, 5-7; 0028; 0037-39; 0041; 0043-51; 0055-56]; a fourth lidar sensor … oriented at least partially downwards and configured to monitor an area below a second longitudinal side of the platform, the first lateral side adjacent to the fourth lidar sensor [#114d of Fig 3; 0037; 0041-46; 0050; 0055-56]; wherein the first lidar sensor, the second lidar sensor, the third lidar sensor, and the fourth lidar sensor are positioned outwards of a railing of the platform and configured to detect obstacles below the base of the platform on each of four sides of the platform [see #5, #84 of Fig 2, 3; 0037; 0041-46; 0050; 0055-56; 0076]… determining, based on the obstacle detection data, a presence of an obstacle below the platform [0037; 0041-46 0050; 0055-56; 0076]; and limiting operation of the lift device to drive the platform to travel in a direction towards the obstacle [0037; 0050; 0055-56; 0076]. Yutzy does not explicitly teach (first/second/third/fourth lidar sensors) at a first/second/third/fourth corner of a base of the platform – but each sensor is placed on a different side of a four-sided platform, having a unique and separate field of view from the other lidar sensors, thus it would be obvious to position the sensors equally around the perimeter of the platform, whether that be in the middle of the side or one at each corner [0025; 0038-39; 0050-51; 0055-56]. Regarding Claims 2, 11 and 18, Yutzy also discloses wherein the obstacle detection system further comprises processing circuitry configured to obtain sensor data from the first lidar sensor, the second lidar sensor, the third lidar sensor, and the fourth lidar sensor, and determine a relative distance between an obstacle and a portion of the lift device using the sensor data, and limiting operation of the lift device based on the relative distance [0037; 0076; 0102]. Regarding Claims 3, 12 and 19, Yutzy also discloses wherein the processing circuitry is configured to operate an alert device to notify an operator of the lift device responsive to detection of the obstacle [0076; 0099; 0102]. Regarding Claim 5, Yutzy also discloses wherein the first lidar sensor is oriented at an angle such that the first lidar sensor is directed partially downwards, the first lidar sensor configured to emit pulsed light for obstacle detection along a plurality of paths, the plurality of paths comprising: a horizontal path extending horizontally and parallel with a longitudinal axis of the platform of the lift device; a vertical path extending vertically downwards from the first lidar sensor [Fig 2; 0037; 0041-46; 0055-56]; and a plurality of intermediate paths between the horizontal path and the vertical path, the plurality of intermediate paths extending in directions comprising both a longitudinal component and a vertical component such that the plurality of intermediate paths extend at angles from the second longitudinal end of the base to a first longitudinal end of the base and downwards from the base of the platform towards a ground surface [Fig 2, 3; 0037; 0041-46; 0055-56]. Regarding Claim 6, Yutzy also discloses wherein the lift device is a scissor lift and the lift assembly is a scissor lift assembly [Fig 2, 3; 0037; 0041-46; 0055-56]. Regarding Claim 7, Yutzy also teaches wherein the lift device is a boom lift and the lift assembly is a telescoping boom [0025]. Regarding Claim 8, Yutzy also teaches wherein the boom lift further comprises a fifth lidar sensor positioned on a bottom of the base of the platform and oriented in a downwards direction [0025; 0037; 0041-46]. Regarding Claim 9, Yutzy also teaches a pair of boom lidar sensors positioned on an end of the telescoping boom, the boom lidar sensors configured to monitor an area surrounding the telescoping boom for obstacles [0025; 0037; 0041-46; 0076; 0102], as having additional sensors on the boom lift would be common in the art when trying to detect obstacles near the lift and platform. Regarding Claims 13 and 20, Yutzy also discloses wherein the first lidar sensor is configured to emit pulsed light for obstacle detection along a plurality of paths, the plurality of paths comprising: a horizontal path extending horizontally and parallel with a longitudinal axis of the platform of the lift device; a vertical path extending vertically downwards from the first lidar sensor [Fig 2, 3; 0037; 0041-46; 0055-56].; and a plurality of intermediate paths between the horizontal path and the vertical path, the plurality of intermediate paths extending in directions comprising both a longitudinal component and a vertical component such that the plurality of intermediate paths extend at angles from the second longitudinal end of the base to the first longitudinal end of the base and downwards from the base of the platform towards a ground surface [Fig 2, 3; 0037; 0041-46; 0055-56]. Regarding Claims 14, Yutzy also discloses wherein the third lidar sensor is oriented similarly to the first lidar sensor in an opposite longitudinal direction and the third corner is opposite the first corner [Fig 2, 3; 0037; 0041-46; 0055-56]. Regarding Claim 15, Yutzy also discloses wherein the second lidar sensor and the fourth lidar sensor are oriented in opposite lateral directions and the second corner is opposite the fourth corner [Fig 2, 3; 0037; 0041-46; 0055-56]. Regarding Claim 17, Yutzy also discloses wherein the first lidar sensor, the second lidar sensor, the third lidar sensor, and the fourth lidar sensor are positioned outwards of a railing of the platform and configured to detect obstacles below the base of the platform on each of four sides of the platform [Fig 2, 3; 0037; 0041-46; 0055-56]. Regarding Claim 21, Yutzy also discloses processing circuitry configured to determine sensor limits for the first… second… third… and fourth detection zone [0115]. Response to Arguments Applicant's arguments filed 21 July 2026 have been fully considered but they are not persuasive. In response to applicant’s arguments on Pages 8-9, that wouldn’t have placed the 4 lidar sensors in such positions as described in Applicant’s Figure 19, nor would one having ordinary skill in the art have modified the primary reference to place the sensors in those locations, the argument is not persuasive for several reasons. First – applicant’s paragraphs [0069] – [0074] and Figure 3-7, which describe placement of the lidar sensors, field of view, orientation, etc are identical to [0051] – [0056] and the same Figures in primary reference Yutzy, either exactly the same or almost verbatim. The base/deck shown in Fig 5, with side and top rails from each edge go upwards to create a cuboid-type structure, with 8 vertices – 4 on the base/deck, and 4 where each top rail meets another at a 90 degree corner angle. All 4 sensors are on different corners (as viewed from above, in the XY plane), and all are specifically mounted to view different zones BELOW the lift. As such one having ordinary skill in the art would easily consider putting all 4 lidar sensors on the bottom 4 vertices of the deck/base as one option. Second – [0039] of Yutzy describes additional embodiments with fewer (2) or more (6, 8, etc) where the additional lidar sensors could be placed at either end longitudinally, laterally, either at a vertex or at a midpoint on the edge between two vertices. Thus, this renders obvious that in Fig 5, one having ordinary skill in the art could add additional lidar sensors to the deck/base to the already existing 114c and 114d, on the two corners not already occupied, in other words directly below 114a and 114b. Third – [0051] is even more specific in alternative or additional placement and orientation of lidar sensors 114. “In other embodiments, the lidar sensor 114a is coupled to the deck 70 of the platform 16 at the second lateral end 126 or the first lateral end 124, or at some position on the deck 70 between the second lateral end 126 and the first lateral end 124 (e.g., half way between the first lateral end 124 and the second lateral end 126).”. Applicant's remaining arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. For these reasons, the applicant’s arguments and amendments are not persuasive, as Yutzy explicitly discloses most of the limitations of pending Claims 1-3 and 5-21, and with paragraphs [0039] and [0051], explicitly teaches alternative embodiments that make the minor differences between the pending claims and Yutzy very obvious to one having ordinary skill in the art. No allowable subject matter can be identified at this time. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R HULKA whose telephone number is (571)270-7553. The examiner can normally be reached M-R: 9am-6pm, F: 10am-2pm. 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, Helal Algahaim can be reached at 5712705227. 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. JAMES R. HULKA Primary Examiner Art Unit 3645 /JAMES R HULKA/Primary Examiner, Art Unit 3645
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Prosecution Timeline

Nov 01, 2023
Application Filed
Apr 24, 2026
Non-Final Rejection mailed — §102, §103
Jul 21, 2026
Response Filed
Sep 28, 2026
Final Rejection mailed — §102, §103 (current)

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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
76%
Grant Probability
88%
With Interview (+11.9%)
3y 1m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 992 resolved cases by this examiner. Grant probability derived from career allowance rate.

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