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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 22 December 2025 has been entered.
Status of Claims
This action is in reply to the amendment filed on 22 December 2025.
Claim 13 has been added.
Claims 1-13 are currently pending and have been examined.
This action is made Non-FINAL.
Response to Arguments/Amendments
Applicant's arguments with respect to the claim interpretation under 35 U.S.C. 112(f) have been fully considered and are persuasive. The claim interpretation under 35 U.S.C. 112(f) has been withdrawn.
Applicant's arguments with respect to the rejection of claim(s) 2 under 35 U.S.C. 112(a) have been fully considered and are persuasive. The rejection of claim(s) 2 under 35 U.S.C. 112(a) has been withdrawn.
Applicant's arguments with respect to the rejection of claim(s) 2 under 35 U.S.C. 112(b) have been fully considered and are persuasive. The rejection of claim(s) 2 under 35 U.S.C. 112(b) has been withdrawn.
Applicant's arguments, see remarks at page(s) 8-10, filed 22 December 2025, with respect to the rejection of claim(s) 1-12 under 35 U.S.C. 103 over Fukao et al. have been fully considered and are persuasive. The Applicant’s amendments overcome the previous art of record. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Fukao et al. (JP 2022125781 A) in view of Nonogaki et al. (US 20200377350 A1) in further view of Ichinose et al. (US 20170285644 A1).
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13, lines 4-5, recites “when the cargo loading unit is being pulled output from the cargo” but should recite – when the cargo loading unit is being pulled out from the cargo –
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 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.
Claim(s) 1 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukao et al. (JP 2022125781 A) in view of Nonogaki et al. (US 20200377350 A1) in further view of Ichinose et al. (US 20170285644 A1).
Regarding claim 1, Fukao teaches a transport vehicle (see abstract and pages 1-9 regarding a forklift), comprising: a cargo loading unit (see at least pages 4-5 and 7-9 regarding cargo handling device and forks); a side shift unit comprising an actuator that side-shifts the cargo loading unit (see at least pages 3-4 regarding the cargo handling device having a mechanism for side shift control); a point group acquisition unit comprising a laser that acquires a point group by horizontally irradiating cargo loaded on the cargo loading unit (see at least pages 2-3 regarding the each of the sensors (e.g., position sensors) which is, for example, a lidar sensor; additionally, see at least page 6 regarding the detection process finding sides of the container from point clouds from sensor signal); a processor (see at least page 5 “processor”), configured to: specify a position of an edge of the cargo based on the acquired point group (see at least pages 2-3 regarding the each of the sensors (e.g., position sensors) which is, for example, a lidar sensor; additionally, see at least page 6 regarding the detection process finding sides of the container from point clouds from sensor signal; additionally, see at least page(s) 2 regarding the sensors including left and right sensors to include each of the sides of the containers); control a side shift amount of the side shift unit (see at least pages 3-4 regarding the cargo handling device having a mechanism for side shift control).
While Fukao discloses sensors including left and right sensors to include/detect each of the sides of the containers and the detection process finding sides of the container from point clouds from sensor signal, Fukao does not explicitly teach detect whether a positional relationship of the cargo with respect to the cargo loading unit changes based on the specified position of the edge of the cargo when the cargo loading unit is side-shifting. However, Nonogaki discloses a cargo handling control unit of forklift and teaches detect whether a positional relationship of the cargo with respect to the cargo loading unit changes based on the specified position of the edge of the cargo (see Figs. 10, 11A-11D, 12 and at least ¶[0061]-[0080] regarding controlling side shifting and the ECU determining whether or not a laser beam emitted from the first laser distance sensor of the pair of right and left laser distance sensors hits the sides of the box pallets (i.e., detecting changes in positional relationship of the pallets relative to the forks for centering and moving back to a normal position); also, see at least ¶[0126], [0134] and [0136] regarding an ECU obtaining a positional relationship between forks and box pallets and side shifting when a laser distance laser hits a side of a box pallet).
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 the forklift, forklift control device, and forklift control method of Fukao to provide, with a reasonable expectation of success, detect whether a positional relationship of the cargo with respect to the cargo loading unit changes based on the specified position of the edge of the cargo, as taught by Nonogaki, to provide aligning the cargo in a position along a centerline. (Nonogaki at ¶[0041])
The combination of Fukao and Nonogaki does not explicitly teach detecting positional relationship of the cargo with respect to the cargo loading unit when the cargo loading unit is side-shifting. However, Ichinose discloses a forklift that includes a sensor configured to irradiate laser light toward a predetermined space forward of the fork and teaches detecting positional relationship of the cargo with respect to the cargo loading unit when the cargo loading unit is side-shifting (¶[0038]-[0039] “acquires the distance data 42 by the sensor 26 while lowering the fork”).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki to provide, with a reasonable expectation of success, detecting positional relationship of the cargo with respect to the cargo loading unit when the cargo loading unit is side-shifting, as taught by Ichinose, to provide identifying the position and the direction of the pallet. (Ichinose at ¶[0039])
Regarding claim 8, Fukao teaches the transport vehicle according to claim 1, wherein the point group acquisition unit is arranged at a position to be capable of irradiating the cargo loaded on the cargo loading unit and a cargo loading position with the laser (see Fig. 3 and see at least pages 2-3 regarding the each of the sensors (e.g., position sensors) which is, for example, a lidar sensor; additionally, see at least page 6 regarding the detection process finding sides of the container from point clouds from sensor signal; additionally, see abstract and at least pages 2-6 regarding detecting multiple first positions of a first container mounted on a fork and multiple second positions of a second container on which the first container is stacked (i.e., cargo loading position), using the sensor signals).
Regarding claim 9, Fukao teaches the transport vehicle according to claim 1, wherein the transport vehicle is a forklift (see abstract and pages 1-9 regarding a forklift) and comprises a backrest (see Figs. 1-3 and at least pages 3-6 regarding lift bracket 22A), and the point group acquisition unit is provided in the backrest (see Figs. 2-3 and at least page(s) 3 regarding first sensor 31, the second sensor 32, and the third sensor 33 are arranged on the lift bracket 22A).
Regarding claim 10, Fukao teaches a non-transitory computer-readable recording medium, recording a cargo handling program (see at least pages 5 and 8 regarding a memory storing a program), causing a computer to operate as the processor according to claim 1 (see at least pages 5 and 8 regarding controller is configured by a computer including control unit configured by a processor and memory).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukao et al. (JP 2022125781 A) in view of Nonogaki et al. (US 20200377350 A1) in view of Ichinose et al. (US 20170285644 A1), as applied to claim 1 above, and in further view of Kojima et al. (JP 2022157138 A).
Regarding claim 2, the combination of Fukao, Nonogaki and Ichinose does not explicitly teach the transport vehicle according to claim 1, wherein the processor is further configured to: stop an operation of the side shift unit in a case of detecting that the positional relationship of the cargo with respect to the cargo loading unit changes when the cargo loading unit is side-shifted. However, Kojima discloses a cargo handling vehicle and cargo handling system and teaches the transport vehicle according to claim 1, wherein the processor is further configured to: stop an operation of the side shift unit in a case of detecting that the positional relationship of the cargo with respect to the cargo loading unit changes when the cargo loading unit is side-shifting (see abstract, Figs. 9A-9C, 10A-10B and at least pages 2-8 regarding a control part/unit stopping the transverse movement of the fork after laterally moving to an adjacent pallet upon contacting another load, fork base (i.e., holding the load) stops while lateral movement base continues lateral movement. Therefore, the lateral movement base slides laterally relative to the fork base, and the contact sensor detects the sliding).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose to provide, with a reasonable expectation of success, wherein the processor is further configured to: stop an operation of the side shift unit in a case of detecting that the positional relationship of the cargo with respect to the cargo loading unit changes when the cargo loading unit is side-shifted, as taught by Kojima, to provide easily stopping lateral movement of a cargo handling vehicle based on the detection of the distance or contact between pallets. (Kojima at page 3)
Regarding claim 3, the combination of Fukao, Nonogaki and Ichinose does not explicitly teach the transport vehicle according to claim 1, wherein the processor side-shifts the cargo loading unit by the side shift unit until detecting that the positional relationship of the cargo with respect to the cargo loading unit changes during cargo loading. However, Kojima discloses a cargo handling vehicle and cargo handling system and teaches the transport vehicle according to claim 1, wherein the processor side-shifts the cargo loading unit by the side shift unit until detecting that the positional relationship of the cargo with respect to the cargo loading unit changes during cargo loading (see abstract, Figs. 9A-9C, 10A-10B and at least pages 2-8 regarding a control part/unit stopping the transverse movement of the fork after laterally moving to an adjacent pallet upon contacting another load, the fork base (i.e., holding the load) stops while lateral movement base continues lateral movement. Therefore, the lateral movement base slides laterally relative to the fork base, and the contact sensor detects the sliding).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose to provide, with a reasonable expectation of success, wherein the processor side-shifts the cargo loading unit by the side shift unit until detecting that the positional relationship of the cargo with respect to the cargo loading unit changes during cargo loading, as taught by Kojima, to provide easily stopping lateral movement of a cargo handling vehicle based on the detection of the distance or contact between pallets. (Kojima at page 3)
Claim(s) 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukao et al. (JP 2022125781 A) in view of Nonogaki et al. (US 20200377350 A1) in view of Ichinose et al. (US 20170285644 A1), as applied to claim 1 above, in further view of Okamoto et al. (US 20220363528 A1) and in further view of Kojima et al. (JP 2022157138 A).
Regarding claim 4, the combination of Fukao, Nonogaki and Ichinose does not explicitly teach wherein the point group acquisition unit is arranged at a position to be capable of irradiating an object adjacent to a cargo loading position with the laser, wherein the processor is further configured to: specify an edge of the object based on the acquired point group; and calculate a distance in a left-right direction between the cargo and the object based on the specified positions of the edges of the cargo and the object, and wherein the processor determines the side shift amount based on the calculated distance in the left-right direction between the cargo and the object. However, Okamoto discloses an operation assisting apparatus for load handling vehicle and teaches wherein the point group acquisition unit is arranged at a position to be capable of irradiating an object adjacent to a cargo loading position with the laser (see abstract and at least ¶[0006], [0079] and [0101] regarding a sensor, an object extraction unit configured to extract, as objects, a group of points representing parts of the objects from a result detected by the sensor; a sensor may be a Laser Imaging, Detection and Ranging (LIDAR) and is a distance meter capable of measuring distances by radiating lasers in variable radiation angles and receiving lights reflected from surroundings so as to identify states of the surroundings), wherein the processor is further configured to: specify an edge of the object based on the acquired point group (see at least ¶[0049]-[0050] regarding feature points refer to identifiable portions of an object as a boundary, such as an edge of the object); and calculate a distance in a left-right direction between the cargo and the object based on the specified positions of the edges of the cargo and the object (see Figs. 6-7, abstract and at least ¶[0004], [0006]-[0007], [0062]-[0066] and [0071]-[0077] regarding derives values d1, d2, d3, and d4 of respective clearances C1, C2, C3, and C4 between the load handling space and the associated adjacent objects adjacent to the load handling space (i.e., distance or clearance in right-left direction)).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose to provide, with a reasonable expectation of success, wherein the point group acquisition unit is arranged at a position to be capable of irradiating an object adjacent to a cargo loading position with the laser, wherein the processor is further configured to: specify an edge of the object based on the acquired point group; and calculate a distance in a left-right direction between the cargo and the object based on the specified positions of the edges of the cargo and the object, as taught by Okamoto, to provide easily determining whether or not a load contacts an adjacent object adjacent to the load. (Okamoto at ¶[0005])
The combination of Fukao, Nonogaki, Ichinose and Okamoto does not explicitly teach wherein the processor determines the side shift amount based on the calculated distance in the left-right direction between the cargo and the object. However, Kojima discloses a cargo handling vehicle and cargo handling system and teaches wherein the processor determines the side shift amount based on the calculated distance in the left-right direction between the cargo and the object (see abstract, Figs. 9A-9C, 10A-10B and at least pages 3 and 5 regarding cargo handling vehicle including a detector detecting a distance between transported objects and a control part/unit stopping the transverse movement of the fork based on a detection result of the detector).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose as modified by Okamoto to provide, with a reasonable expectation of success, wherein the processor determines the side shift amount based on the calculated distance in the left-right direction between the cargo and the object, as taught by Kojimo, to provide easily stopping lateral movement of a cargo handling vehicle based on the detection of the distance or contact between pallets. (Kojima at page 3)
Regarding claim 7, the combination of Fukao, Nonogaki, Ichinose and Okamoto does not explicitly teach the transport vehicle according to claim 4, wherein the processor side-shifts the cargo loading unit from the object in a direction of the cargo loading position when there is no distance in the left-right direction between the cargo and the object. However, Kojima discloses a cargo handling vehicle and cargo handling system and teaches the transport vehicle according to claim 4, wherein the processor side-shifts the cargo loading unit from the object in a direction of the cargo loading position when there is no distance in the left-right direction between the cargo and the object (see abstract, Figs. 9A-9C, 10A-10B and at least pages 2-8 regarding a control part/unit stopping the transverse movement of the fork after laterally moving to an adjacent pallet upon contacting another load, the fork base (i.e., holding the load) stops while lateral movement base continues lateral movement. Therefore, the lateral movement base slides laterally relative to the fork base, and the contact sensor detects the sliding; also, see at least pages 6-7 regarding the biasing component biases the fork base back to its original position when the fork base slides laterally relative to the lateral movement base).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose as modified by Okamoto to provide, with a reasonable expectation of success, wherein the processor side-shifts the cargo loading unit from the object in a direction of the cargo loading position when there is no distance in the left-right direction between the cargo and the object, as taught by Kojimo, to provide easily stopping lateral movement of a cargo handling vehicle based on the detection of the distance or contact between pallets. (Kojima at page 3)
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukao et al. (JP 2022125781 A) in view of Nonogaki et al. (US 20200377350 A1) in view of Ichinose et al. (US 20170285644 A1) in view of Okamoto et al. (US 20220363528 A1) in further view of Kojima et al. (JP 2022157138 A), as applied to claim 4 above, and in further view of Isogawa et al. (US 20230083322 A1).
Regarding claim 5, the combination of Fukao, Nonogaki, Ichinose, Okamoto and Kojima does not explicitly teach the transport vehicle according to claim 4, wherein the processor analyzes the acquired point group using a frequency distribution with the distance in the left-right direction as an axis, and specifies a section with frequencies, adjacent to an area with substantially no frequency, as the position of the edge of the cargo in the left-right direction. However, Isogawa discloses a wall detection device and teaches the transport vehicle according to claim 4, wherein the processor analyzes the acquired point group using a frequency distribution with the distance in the left-right direction as an axis, and specifies a section with frequencies, adjacent to an area with substantially no frequency, as the position of the edge of the cargo in the left-right direction (see at least ¶[0062] and [0065]-[0066] regarding distance between the surface and detecting surfaces using frequency distribution and the risk of contact being controlled; also see at least ¶[0026] regarding acquiring point clouds in horizontal direction and traveling direction).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose as modified by Okamoto as modified by Kojima to provide, with a reasonable expectation of success, wherein the processor analyzes the acquired point group using a frequency distribution with the distance in the left-right direction as an axis, and specifies a section with frequencies, adjacent to an area with substantially no frequency, as the position of the edge of the cargo in the left-right direction, as taught by Isogawa, to provide enhancing the accuracy of the surface detection. (Isogawa at ¶[0059])
Regarding claim 6, the combination of Fukao, Nonogaki, Ichinose, Okamoto and Kojima does not explicitly teach the transport vehicle according to claim 5, wherein the processor analyzes the acquired point group using a frequency distribution with a distance in a front-rear direction as an axis, and specifies a section of a peak value in an upper area as the edge of the object and specifies a section of a peak value in a lower area as the position of the edge of the cargo. However, Isogawa discloses a wall detection device and teaches the transport vehicle according to claim 5, wherein the processor analyzes the acquired point group using a frequency distribution with a distance in a front-rear direction as an axis, and specifies a section of a peak value in an upper area as the edge of the object and specifies a section of a peak value in a lower area as the position of the edge of the cargo (see at least ¶[0062] and [0065]-[0066] regarding distance between the surface and detecting surfaces using frequency distribution and the risk of contact being controlled; also see at least ¶[0026] regarding acquiring point clouds in horizontal direction and traveling direction).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose as modified by Okamoto as modified by Kojima to provide, with a reasonable expectation of success, wherein the processor analyzes the acquired point group using a frequency distribution with a distance in a front-rear direction as an axis, and specifies a section of a peak value in an upper area as the edge of the object and specifies a section of a peak value in a lower area as the position of the edge of the cargo, as taught by Isogawa, to provide enhancing the accuracy of the surface detection. (Isogawa at ¶[0059])
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukao et al. (JP 2022125781 A) in view of Nonogaki et al. (US 20200377350 A1) in view of Ichinose et al. (US 20170285644 A1), as applied to claim 1 above, and in further view of Jiajun et al. (JP 2022034408 A).
Regarding claim 11, the combination of Fukao, Nonogaki and Ichinose does not explicitly teach wherein the point group is acquired from a single two-dimensional laser. However, Jiajun discloses an automatic operation forklift capable of recognizing an object and teaches wherein the point group is acquired from a single two-dimensional laser (see at least page 6 regarding a two-dimensional lidar which outputs two-dimensional point group data).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose to provide, with a reasonable expectation of success, wherein the point group is acquired from a single two-dimensional laser, as taught by Jiajun, to provide creating traveling data based on the position of the pallet. (Jiajun at page 8, first paragraph)
Regarding claim 12, the combination of Fukao, Nonogaki and Ichinose does not explicitly teach wherein the processor detects whether the positional relationship of the cargo with respect to the cargo loading unit changes based on a positional relationship of the cargo with respect to the single two-dimensional laser. However, Jiajun discloses an automatic operation forklift capable of recognizing an object and teaches wherein the processor detects whether the positional relationship of the cargo with respect to the cargo loading unit changes based on a positional relationship of the cargo with respect to the single two-dimensional laser (see at least pages 7-8 regarding a two-dimensional lidar and the relative positional relationship).
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 the forklift, forklift control device, and forklift control method of Fukao as modified by Nonogaki as modified by Ichinose to provide, with a reasonable expectation of success, wherein the processor detects whether the positional relationship of the cargo with respect to the cargo loading unit changes based on a positional relationship of the cargo with respect to the single two-dimensional laser, as taught by Jiajun, to provide creating traveling data based on the position of the pallet. (Jiajun at page 8, first paragraph)
Regarding claim 13, Fukao does not explicitly teach wherein the processor detects whether the positional relationship of the cargo with respect to the cargo loading unit changes based on a positional relationship of the cargo with respect to the point group acquisition unit when the cargo loading unit is being pulled output from the cargo. However, Nonogaki discloses a cargo handling control unit of forklift and teaches wherein the processor detects whether the positional relationship of the cargo with respect to the cargo loading unit changes based on a positional relationship of the cargo with respect to the point group acquisition unit when the cargo loading unit is being pulled output from the cargo (Fig. 8B and ¶[0047] “forklift moved backwards” as well as ¶[0126], [0134] and [0136] regarding an ECU obtaining a positional relationship between forks and box pallets, i.e., positional relationship can be performed during insertion and withdrawal).
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 the forklift, forklift control device, and forklift control method of Fukao to provide, with a reasonable expectation of success, wherein the processor detects whether the positional relationship of the cargo with respect to the cargo loading unit changes based on a positional relationship of the cargo with respect to the point group acquisition unit when the cargo loading unit is being pulled output from the cargo, as taught by Nonogaki, to provide a desired position along a centerline of the box pallets. (Nonogaki at ¶[0041])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kakita et al. (US 20230227298 A1) is pertinent because it is a side shift control device for a forklift truck.
Tanaka et al. (US 10850961 B2) is pertinent because it is a forklift with a laser sensor mounted on the fork.
Rose et al. (US 20180120465 A1) is pertinent because it relates to accurate pallet insertion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Connor L Knight whose telephone number is (571)272-5817. The examiner can normally be reached Mon-Fri 8:30AM-4:30PM EST.
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/C.L.K/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666