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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wheel loader,” “compact tractor loader,” “backhoe loader,” “tractor,” “inertial measurement unit,” “rotational sensor,” “cylinder position sensor,” “blade,” and “bucket” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The Specification identifies “105” as “work tool coupler” and “rotational attachment.”
Appropriate correction is required.
Claim Objections
Claim 2 is objected to because of the following informalities: “wheel loader” is listed twice in the list of option of the utility vehicle.
Claim 9 initially claims “the rotational attachment” which lacks antecedence, and later claims “a rotational attachment.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-15 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 14 recites “a position detection sensor” twice. It is unclear if the second recitation is referencing the first, or claiming a second and different position detection sensor. To maintain compact prosecution, the Examiner will interpret as the former.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 and 3-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eaglestone (US 2017/0240397).
Eaglestone discloses;
Claim 1. A utility vehicle (1) comprising: a main frame (8); a movable subframe (14) coupled with the main frame; a work tool (30) coupled with the movable subframe by a rotational attachment (38), an actuator (52) coupled with the rotational attachment, wherein the work tool is configured to rotate, by the rotational attachment actuated by the actuator, relative to the movable subframe about an axis (axis of 46) that is parallel to a central longitudinal axis (not illustrated) of the main frame; a position detection sensor (Par. 0050) operable to detect data related to an orientation of the work tool relative to a direction of gravity; a non-transitory computer-readable memory (intrinsically disclosed in Par. 0027-0028) storing operation information connected to an electronic processor (disclosed as “controller”), where the electronic processor is configured to: receive a first work tool position data (Par. 0050) from the position detection sensor about a first position of the work tool (Par. 0050), send a work tool rotation signal to the actuator, move, by the actuator, the work tool to a second position (Par. 0050), based on the first work tool position data, wherein the second position comprises a position substantially level with gravity (Par. 0027-0050 and Fig. 1-4).
Claim 3. The utility vehicle of claim 1, wherein the position detection sensor comprises an inertial measurement unit (IMU) (Par. 0013).
Claim 4. The utility vehicle of claim 1, further comprising a work vehicle inertial measurement unit (IMU) (Par. 0013) coupled with the main frame, wherein the position detection sensor comprises a rotational sensor (Par. 0012), and the electronic processor is further configured to receive a work vehicle position data from the work vehicle IMU, where the automatic movement of the work tool is further based on the work vehicle position data (Par. 0050).
Eaglestone discloses the sensor as an “attitude sensor,” which is understood to sense the vehicle’s attitude horizontal and longitudinal axes, and is thus understood to be a rotational sensor.
Claim 5. The utility vehicle of claim 1, wherein the work tool comprises a set of forks (30) (Par. 0044 and Fig. 1).
Claim 6. The utility vehicle of claim 1, wherein electronic processor is further configured to receive a second position data from the position detection sensor about the second position of the work tool (Par. 0052).
Claim 7. The utility vehicle of claim 1, wherein the position detection sensor is coupled with the main frame (Par. 0050) and the work tool further comprises a second position detection sensor (Par. 0050).
Claim 8. An attachment control system (Par. 0027) for a utility vehicle comprising: a first position detection sensor (gyroscope, Par. 0050) for attachment to the utility vehicle; a second position detection sensor (accelerometer, Par. 0032) for attachment to a work tool of the utility vehicle; a non-transitory computer-readable memory (intrinsically disclosed in Par. 0027-0028) storing operation information; and an electronic processor (disclosed as controller) configured to: receive a first work tool position data (Par. 0050) from the position detection sensor about a first position (Par. 0050) of the work tool relative to a direction of gravity, automatically move, by an actuator (52), the work tool to a second position (Par. 0050), based on the first work tool position data (Par. 0027-0050 and Fig. 1-4).
Claim 9. The attachment control system of claim 8, wherein the first position detection sensor is coupled (indirectly) with the utility vehicle at a first end of the (interpreted as “a”) rotational attachment (38) and the second position detection sensor is coupled (indirectly) with the work tool at a second end of a (interpreted as “the”) rotational attachment (Par. 0045 and Fig. 1).
Claim 10. The attachment control system of claim 8, wherein the first position detection sensor and the second position detection sensor each comprise an inertial measurement unit (IMU) (Par. 0013).
Claim 11. The attachment control system of claim 8, wherein the work tool comprises a set of forks (30) (Par. 0044 and Fig. 1).
Claim 12. The attachment control system of claim 8, wherein the work tool is rotatable about an axis (axis of 46) generally parallel to a wheelbase of the utility vehicle (Par. 0050 and Fig. 3).
Claim 13. The attachment control system of claim 8, wherein the second position comprises a rotation about an axis (axis of 46) parallel to a wheelbase of the utility vehicle (Par. 0050 and Fig. 3).
Claim 14. A method of controlling a work tool (30) on a utility vehicle (1), the method comprising: detecting, by a position detection sensor (gyroscope), a first position of the work tool (Par. 0050), generating, by a (interpreted as “the”) position detection sensor, a first work tool position data (Par. 0050), receiving, by a controller (disclosed as “controller”), the first work tool position data from the position detection sensor about the first position of the work tool, sending, by the controller, a signal to an actuator (52) to adjust an orientation of the work tool, and moving, by the actuator connected with a rotational attachment (38) coupling the utility vehicle with the work tool, the work tool to a second position (Par. 0050) based on the first work tool position data, wherein the second position comprises a position substantially level with gravity and wherein the moving comprises rotating the work tool about an axis (axis of 46) that is generally parallel to a wheelbase of the utility vehicle (Par. 0027-0050 and Fig. 1-4).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Eaglestone in view of Strutynsky (US 9,708,791).
Eaglestone is silent to;
Claim 2. The utility vehicle of claim 1, wherein the utility vehicle comprises a wheel loader, a skid loader, a compact track loader, a wheel loader, backhoe loader, or a tractor.
Claim 15. The method of claim 14 further comprising displaying, on a display, a status of the second position of the work tool.
However, Strutynsky discloses a utility vehicle (618), and further discloses the utility vehicle is a tractor with a monitor (616) to present real-time data to an operator and facilitate adjustments by the operator (Col. 16, Ln. 15-20 and Fig. 6).
Therefore, in view of Strutynsky’s teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Eaglestone’s disclosure to include the cited teachings of Strutynsky with a reasonable expectation of success to include a tractor to for vehicle operation on soil and rough terrane, and to present real-time data to an operator and facilitate adjustments by the operator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sjogren et al. (US 8,793,054).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONALD P JARRETT whose telephone number is (571)272-8311. The examiner can normally be reached M-F: 9:00 am - 6:00 pm.
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, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RONALD P JARRETT/Primary Examiner, Art Unit 3652