DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-11 are pending.
Information Disclosure Statement
The references cited in the information disclosure statements (IDS) submitted on 06/23/2026 have been considered by the examiner.
Response to Arguments
Applicant’s arguments, see Amendment Pages 1-2, with respect to the 102 rejections are directed to that, in Ito, “the excavator 100 performs traveling and work separately. Nothing in Ito discloses causing the lower travelling body 1 and the attachment to move in conjunction with each other while the excavator 100 is traveling.” (Amendment, Page 2, first full paragraph)
Examiner respectfully disagrees and submits that Ito teaches causing the lower travelling body 1 and the attachment to move in conjunction with each other while the excavator 100 is traveling or “the lower travelling body and the attachment to move in conjunction with each other while the shovel is traveling,” as recited in the claim. In Ito, the lower travelling body 1 moving or traveling means that the entire excavator 100 is moving or traveling, and the entire excavator 100 moving or traveling means that all of its attached parts, including the attachment, are moving or traveling together. Accordingly, Examiner submits that the excavator, the lower travelling body and the attachment moving or traveling together reads on “the lower travelling body and the attachment to move in conjunction with each other while the shovel is traveling.”
Regarding Applicant’s remark that, in Ito, “the excavator 100 performs traveling and work separately.” Examiner respectfully submits that the claim does not recite differences between traveling and working or moving, if there are differences. Examiner recognizes that claim limitations are to be given their broadest reasonable interpretation in light of the specification, however, the description of the specification cannot be incorporated into the claim.
In view of the foregoing, the Applicant’s arguments are not persuasive and the 103 rejections to independent claim 1, and related dependent claims, are maintained.
Applicant is encouraged to amend the claim so that limitations are clear with regards to what Applicant means by traveling and what Applicant means by moving. Further, Applicant is encouraged to amend the claim to recite what Applicant means by the lower travelling body and the attachment “move in conjunction,” that may be something different than moving together.
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.
Claims 1-4 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ITO (US 2021/0262196 A1) (“Ito”). Ito is a reference cited in the information disclosure statement submitted on 12/20/2023.
Regarding independent claim 1, Ito teaches:
A shovel, comprising: a lower travelling body; an upper rotating body mounted rotatably on the lower travelling body; an attachment attached to the upper rotating body; and (Ito: FIG. 1) (Ito: [0033] “The excavator 100 according to the present embodiment includes a lower traveling body 1; an upper turning body 3 that is mounted to the lower traveling body 1 in a turnable manner via a turning mechanism 2; a boom 4, an arm 5, and a bucket 6 that form an attachment (work machine); and a cabin 10.”) [The excavator 100 reads on a “shovel”. Any one of the attachment, the boom 4, the arm 5 or the bucket 6 reads on “an attachment”.]
a hardware processor configured (Ito: [0060] The controller 30 (an example of a control apparatus) is provided, for example, in the cabin 10, to perform drive control for the excavator 100. The controller 30 may implement functions thereof by any hardware, software, or combinations thereof. For example, the controller 30 is configured centering around a microcomputer including a CPU (Central Processing Unit), a memory device such as a RAM (Random Access Memory), a non-volatile auxiliary storage device such as a ROM (Read Only Memory), and an interface device for various inputs and outputs. The controller 30 implements various functions by executing, for example, various programs installed in the non-volatile auxiliary storage device on the CPU.”) to cause the lower travelling body and the attachment to move in conjunction with each other while the shovel is traveling. (Ito: [0211] “The work end target position setting unit F2 is configured to set a target position (hereinafter, “work end target position”) for autonomous traveling of the excavator 100 (the lower traveling body 1) corresponding to a predetermined work end position. For example, as illustrated in FIG. 8B, the work end target position setting unit F2 may set the work end target position corresponding to the work end position of the slope to be worked on while the excavator 100 is caused to travel autonomously in parallel to the target work surface. The work end position may be included in the information about the target work surface taken from the input device 42, or may be automatically generated based on the target work surface.”) (Ito: [0221] “… Further, the movement command generating unit F11 may generate a speed command value corresponding to the operation of the attachment. For example, when the excavator 100 is performing slope work (specifically, when the attachment is performing finishing work from the top of slope to the toe of slope), the intermediate target setting unit F7 may determine to start moving to the next intermediate target position, when it is determined that the bucket 6 has reached the toe of slope. Therefore, the movement command generating unit F11 can generate the speed command to the next intermediate target position. When it is determined that the boom 4 has risen to a predetermined height after the bucket 6 has reached the toe of slope, the intermediate target setting unit F7 may determine the start of movement to the next intermediate target position. The movement command generating unit F11 may generate a speed command to the next intermediate target position. In this manner, the movement command generating unit F11 may set the speed command value according to the operation of the attachment.”) [The excavator 100 moves to the work end target position using the lower traveling body 1, in other words, the excavator 100 moves when the lower traveling body 1 moves. Accordingly, the excavator moving to the work end target position reads on “the lower travelling body … to move … while the shovel is traveling”. Generating the movement command for the excavator in coordination with the work being performed by the attachment reads on “… to move in conjunction with each other while the shovel is traveling”.]
Regarding claim 2, Ito teaches all the claimed features of claim 1. Ito further teaches:
wherein the hardware processor is further configured to cause the attachment to move in conjunction with a movement of the lower travelling body, the movement of the lower travelling body following an operation performed by an operator. (Ito: [0041] “Further, the excavator 100 may be configured to be remotely operated by an operator of a predetermined external apparatus (e.g., a support apparatus 200 or a management apparatus 300 described below), instead of or in addition to being configured to be operated by the operator in the cabin 10. In this case, for example, the excavator 100 transmits image information (captured image) output by an imaging device S6, which will be described later, to the external apparatus. The various information images (for example, various setting screens) displayed on a display device 40 of the excavator 100 described below may be similarly displayed on a display device provided in the external apparatus. This allows the operator to remotely control the excavator 100 while confirming, for example, the contents displayed on the display device provided on the external apparatus. The excavator 100 may then operate an actuator in response to a remote operation signal representing the contents of the remote operation, received from an external apparatus, to drive a motion element such as the lower traveling body 1, the upper turning body 3, the boom 4, the arm 5, and the bucket 6. If the excavator 100 is remotely operated, the interior of the cabin 10 may be unmanned. The following discussion assumes that the operator's operation includes at least one of the operator's operation on an operation apparatus 26 in the cabin 10 and the operator's remote operation on the external apparatus.”) [The operator operating the excavator 100 for a motion of the lower traveling body 1, all of the connected parts, the upper turning body 3 and the attachment, move with the lower traveling body 1, which reads on “the attachment to move in conjunction with a movement of the lower travelling body …”.]
Regarding claim 3, Ito teaches all the claimed features of claims 1-2. Ito further teaches:
wherein the attachment includes a boom attached to the upper rotating body, an arm attached to an end of the boom, and an end attachment attached to an end of the arm, and the hardware processor is further configured to cause the boom and the end attachment to move in conjunction with a movement of the arm and the movement of the lower travelling body, the movement of the arm following another operation performed by the operator. (Ito: [0033] as discussed in claim 1, and [0041] as discussed in claim 2) [The bucket 6 reads on “an end attachment”. The operator operating the excavator 100 for a motion of the lower traveling body 1, the boom 4 moves with the lower traveling body 1, and the operator operating the arm 5, the bucket 6 moves with the arm 5, which read on “the boom and the end attachment to move in conjunction with a movement of the arm and the movement of the lower travelling body …”. Any other movement by the operator reads on “another operation performed by the operator”.]
Regarding claim 4, Ito teaches all the claimed features of claims 1-2. Ito further teaches:
wherein the hardware processor is further configured to automatically cause the attachment to move in conjunction with the movement of the lower travelling body following the operation performed by the operator. (Ito: [0043] “The automatic operation function may include a function (so-called “semi-automatic operation function”) to automatically operate a motion element (hydraulic actuator) other than the motion element (hydraulic actuator) to be operated, according to the operator's operation on the operation apparatus 26 or remote operation. Further, the automatic operation function may include a function to automatically operate at least some of a plurality of driven elements (hydraulic actuators) without the operator's operation on the operation apparatus 26 or remote operation (so-called “fully automatic operation function”). In the excavator 100, the interior of the cabin 10 may be unmanned if a fully automatic operation function is enabled. Further, the automatic operation function may include a function (“gesture operation function”) in which the excavator 100 recognizes a gesture of a person such as a worker around the excavator 100 and automatically operates at least some of a plurality of driven elements (hydraulic actuators) depending on the content of the recognized gesture. Further, the semi-automatic operation function, the fully automatic operation function, and the gesture operation function may include a mode in which the motion content of the motion element (hydraulic actuator) subject to automatic operation is determined automatically in accordance with predefined rules. Further, the semi-automatic operation function, the fully automatic operation function, and the gesture operation function may include a mode in which the excavator 100 autonomously makes various determinations, and then determines, based on the determination result, the motion content a motion element (hydraulic actuator) subject to autonomous operation (so-called “autonomous operation function”).”)
Regarding claim 8, Ito teaches all the claimed features of claims 1-2. Ito further teaches:
the hardware processor is further configured to predict a movement state of the attachment accompanying the movement of the lower travelling body based on a state of the movement of the lower travelling body, and cause the attachment to move based on a result of the predicting. (Ito: [0192] “The controller 30 may generate a target of the travel trajectory (hereinafter, “travel target trajectory”) TT of the lower traveling body 1 based on the target work surface. The travel trajectory of the lower traveling body 1 may be a trajectory drawn by a predetermined portion of the lower traveling body 1 as the lower traveling body 1 travels. Specifically, the controller 30 may generate the travel target trajectory TT such that the working portion of the bucket 6 can be moved along the target work surface from a top of slope TS to a toe of slope FS. Further, the travel target trajectory TT may be generated between the work start position and the work end position of the slope to be worked on. For example, the controller 30 may generate the travel target trajectory TT such that the top of slope TS and the toe of slope FS of the target work surface are included between an upper limit UL and a lower limit LL of a range OR (the “Att operable range”) in which the leading end of the attachment AT (the working portion of the bucket 6) can operate along the tilt of the target work surface. Accordingly, the excavator 100 can move the leading end of the attachment AT (the working portion of the bucket 6) along the target work surface across the entire range from the top of slope TS to the toe of slope FS, regardless of the work location to where traveling is performed. Therefore, the workability of the slope work by the excavator 100 can be improved.”) (Ito: [0193] “The controller 30, for example, sets intermediate target positions TP1 to TP4 corresponding to the locations where the excavator 100 is to perform work along the travel target trajectory TT from the work start position to the work end position of the slope to be worked on. Then, the controller 30 automatically controls the crawlers 1CL and 1CR to travel along the travel target trajectory TT, for example, from an intermediate position corresponding to the present work location to an intermediate position corresponding to the next work location, according to the traveling operation by the operator. Specifically, the controller 30 controls the proportional valve 31 corresponding to the control valves 171 and 172 that drive traveling hydraulic motors 2ML and 2MR to implement the automatic operation function (machine control function) of the lower traveling body 1.”) [Determining that the travel target trajectories are to be determined for the top of slope TS and the toes of slope FS to be within the range of the attachment movement reads on “to predict a movement state of the attachment accompanying the movement of the lower travelling body …”. Automatic operation of the attachment by moving the lower traveling body to the travel target positions reads on “moves the attachment based on a result of the predicting”.]
Regarding claim 9, Ito teaches all the claimed features of claim 1. Ito further teaches:
wherein the hardware processor is further configured to cause the lower travelling body to move in conjunction with a movement of the attachment, the movement of the attachment following an operation performed by an operator. (Ito: [0041] “Further, the excavator 100 may be configured to be remotely operated by an operator of a predetermined external apparatus (e.g., a support apparatus 200 or a management apparatus 300 described below), instead of or in addition to being configured to be operated by the operator in the cabin 10. In this case, for example, the excavator 100 transmits image information (captured image) output by an imaging device S6, which will be described later, to the external apparatus. The various information images (for example, various setting screens) displayed on a display device 40 of the excavator 100 described below may be similarly displayed on a display device provided in the external apparatus. This allows the operator to remotely control the excavator 100 while confirming, for example, the contents displayed on the display device provided on the external apparatus. The excavator 100 may then operate an actuator in response to a remote operation signal representing the contents of the remote operation, received from an external apparatus, to drive a motion element such as the lower traveling body 1, the upper turning body 3, the boom 4, the arm 5, and the bucket 6. If the excavator 100 is remotely operated, the interior of the cabin 10 may be unmanned. The following discussion assumes that the operator's operation includes at least one of the operator's operation on an operation apparatus 26 in the cabin 10 and the operator's remote operation on the external apparatus.”) [The operator operating the excavator 100 for a motion of the lower traveling body 1, all of the connected parts, the upper turning body 3 and the attachment, move with the lower traveling body 1, which reads on “the lower travelling body to move in conjunction with a movement of the attachment …”.]
Regarding claim 10, Ito teaches all the claimed features of claims 1 and 9. Ito further teaches:
wherein the attachment includes a boom attached to the upper rotating body, an arm attached to an end of the boom, and an end attachment attached to an end of the arm, and the hardware processor is further configured to automatically cause the boom, the end attachment, and the lower travelling body to move in conjunction with a movement of the arm, the movement of the arm following an operation performed by the operator. (Ito: [0041] as discussed in claim 9) [The operator operating the excavator 100 for a motion of the lower traveling body 1, all of the connected parts, the upper turning body 3, the boom 4, the arm 5 and the attachment 6, move with the lower traveling body 1, which reads on “cause the boom, the end attachment, and the lower travelling body to move in conjunction with a movement of the arm, the movement of the arm following an operation performed by the operator”.]
Allowable Subject Matter
Claims 5-7 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
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 MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm.
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, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL W CHOI/Primary Examiner, Art Unit 2116
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