Prosecution Insights
Last updated: August 17, 2026
Application No. 18/489,384

IMPLEMENT POSITION TRACKING FOR A LIFT DEVICE

Non-Final OA §103
Filed
Oct 18, 2023
Priority
Apr 19, 2021 — provisional 63/176,574 +2 more
Examiner
HENSON, BRANDON JAMES
Art Unit
3648
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Oshkosh Corporation
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
53 granted / 75 resolved
+18.7% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
44 currently pending
Career history
126
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
23.0%
-17.0% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 75 resolved cases

Office Action

§103
DETAILED ACTION Status of Claims Claims 1, 9, 16 are amended. Claims 1-14, 16-17, 19-22 are pending. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/08/2026 has been entered. Priority Applicant’s claim for the benefit of a prior-filed application filed in PRO 63/176574 on 04/19/2021 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. 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. Claims 1-14, 16-17, 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Ulbrich (US 12365570) in view of Pryor (US 20190080537). Regarding Claim 1, Ulbrich teaches the following limitations: A machine system comprising: (Ulbrich – [col. 1 ln. 9-12] the invention relates to an autonomous lift truck that is designed as an autonomous or driverless transport system (AGV— autonomous guided vehicle) or an autonomous transport vehicle.) a first wireless transceiver configured to directly couple to a first portion of a machine; (Ulbrich – [col. 29 ln. 10-20] An RFID transponder is located on the pallet, which is read by the AIT 5 (or else an optically readable identification code, such as a barcode or QR code). In one aspect, at least one antenna 27 is used for this purpose to allow the precise localization of the transponder. The code of the transponder is compared to the code describing the goods to be transported. If the code matches the code transmitted to the AIT 5 as the load 143 to be transported, the AIT 5 navigates closer to the pallet. The AIT 5 uses image classification algorithms to recognize the areas into which the forks need to be pushed.) a plurality of second wireless transceivers configured to directly couple to a second portion of the machine, (Ulbrich – [col. 29 ln. 10-20], [col. 8 ln. 40-48] the AIT directly detects the load via the sensor technology mentioned above, e.g. RFID tags. In an alternative and/or additional aspect, the AIT uses the camera to detect an identification device for identifying a row, such as a 1D, 2D or 3D identification code, e.g. an Aruco marker, located, for example, in the center or on the outer border at the beginning of a row of trolleys. In case the identification devices are RFID tags, an RFID reader is used instead of the camera. [col. 1 ln. 58] RFID reader integrated into one fork. Ulbrich does not explicitly teach “plurality of second wireless transceivers”.) the first portion movable relative to the second portion; and (Ulbrich – [col. 29 ln. 10-20]) a processing circuit configured to determine a position of the first portion based on respective time delays between transmission of a first wireless signal by the first wireless transceiver and detection, by the first wireless transceiver of respective second wireless signals transmitted by each of the plurality of second wireless transceivers, wherein the respective second wireless signals are transmitted in response to detecting the first wireless signal. (Ulbrich – [col. 9 ln. 41-55], [col. 29 ln. 10-20] In an alternative and/or additional aspect, a sensor is located at the end of the load platform (and on the side from which the load is picked up) which faces upward and can detect whether the load extends beyond the end of the load platform. This can be a laser distance sensor, an ultrasonic sensor, a ToF sensor, LIDAR, radar, etc. If, for example, this sensor or another sensor (e.g. the sensor described in the previous paragraph or the evaluation of the sensor data being executed in the processing unit of the AIT) detects that a load is extending beyond the load platform, rules can be stored in one aspect in the memory of the AIT in order to ensure that the load is set down again. This is the case in particular if there is an entry in the memory that the load to be retrieved has a depth that is less than the depth of the load platform. [col. 29 ln. 10-20] An RFID transponder is located on the pallet, which is read by the AIT 5 (or else an optically readable identification code, such as a barcode or QR code). In one aspect, at least one antenna 27 is used for this purpose to allow the precise localization of the transponder.) Ulbrich does not explicitly teach the following limitations, however Pryor, in the same field of endeavor, teaches: plurality of second wireless transceivers (Pryor – [0027] As best shown in FIGS. 2A-2C, one presently preferred embodiment of the invention comprises a system to detect, track, warn, shut down and/or lockout an industrial vehicle entering an unsafe area. The system according to this presently preferred embodiment includes a plurality of anchor ultrawideband (UWB) radio transceivers 12a, 12b, 12c, 12d, 12e, 12f positioned in or near the workspace or warehouse 20.) Therefore, 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 sensors of Ulbrich with the plurality of ultrawideband (UWB) radio transceivers of Pryor in order to detect, track, warn, shut down and/or lockout an industrial vehicle (Pryor – [0027]). Regarding Claim 2, Ulbrich does not explicitly teach the following limitations, however Pryor, in the same field of endeavor, teaches: wherein the first wireless transceiver and the plurality of second wireless transceivers are ultra-wideband transceivers configured to transmit wireless signals between 3.1 GHz and 10.6 GHz. (Pryor – [0027]) Therefore, 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 sensors of Ulbrich with the plurality of ultrawideband (UWB) radio transceivers of Pryor in order to detect, track, warn, shut down and/or lockout an industrial vehicle (Pryor – [0027]). Regarding Claim 3, Ulbrich further teaches: wherein the first portion is or includes an implement, and wherein the implement includes at least one of a platform, a fork assembly, a bucket, a basket, a grabber mechanism, a plow, a water deluge turret, a boom, a lift assembly, an aerial ladder, or an articulating arm. (Ulbrich – [col. 29 ln. 10-20]) Regarding Claim 4, Ulbrich further teaches: wherein the processing circuit is configured to detect a type of the implement based on information acquired from the first wireless transceiver. (Ulbrich – [col. 9 ln. 41-55], [col. 29 ln. 10-20]) Regarding Claim 5, Ulbrich further teaches: wherein the first portion is configured for use with a lift device, a boom lift, a telehandler, a refuse vehicle, a fire apparatus, a bucket truck, a crane, a concrete mixer truck, or a construction machine. (Ulbrich – [col. 29 ln. 10-20]) Regarding Claims 6, 19, Ulbrich further teaches: wherein the processing circuit is configured to: store a log of the position over time; and (Ulbrich – [Fig. 12], [col. 22 ln. 31-39] an autonomous vehicle records the path traveled over time as a function of location and time in step 705, the path having been covered, for example, in the course of completing orders. The orders may generally be a transport orders, inventory orders, disinfection orders, or other order types. In an alternative aspect, the localization of the autonomous vehicles, e.g. an AIT 5, may also be carried out by means of radio signals emitted by such an AIT 5 and detected by at least one antenna 27.) generate a heat map identifying various positions of the first portion and varying degrees of time spent at each of the various positions based on the log. (Ulbrich – [col. 23 ln. 1-3] Based on the determined probabilities, a map can be created in step 740 (e.g. a heat map), which contains probabilities, e.g. for paths, orders, and/or moving objects,) Regarding Claims 7, 12, Ulbrich does not explicitly teach the following limitations, however Pryor, in the same field of endeavor, teaches: wherein the processing circuit is configured to identify unintentional movement of the first portion while the first portion is at a set position. (Pryor – [0027]) Therefore, 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 processing unit of Ulbrich with the plurality of ultrawideband (UWB) radio transceivers of Pryor in order to detect, track, warn, shut down and/or lockout an industrial vehicle (Pryor – [0027]). Regarding Claims 8, 20, Ulbrich further teaches: wherein the processing circuit and the first wireless transceiver are integrated into a single device. (Ulbrich – [Fig. 16], [col. 26 ln. 36-38] A processor 130 (e.g. a microcontroller or comparator) compares the sensor data) Regarding Claim 9, Ulbrich teaches the following limitations: A machine system comprising: (Ulbrich – [col. 1 ln. 9-12]) a first wireless transceiver configured to couple to a first portion of a machine; (Ulbrich – [col. 29 ln. 10-20]) a plurality of second wireless transceivers configured to couple to a second portion of the machine, (Ulbrich – [col. 8 ln. 40-48], [col. 29 ln. 10-20] Ulbrich does not explicitly teach “plurality of second wireless transceivers”.) the first portion movable relative to the second portion; and (Ulbrich – [col. 29 ln. 10-20]) a processing circuit configured to: determine a position of the first portion relative to the second portion based on respective time delays between transmission of a first wireless signal by the first wireless transceiver and detection, by the first wireless transceiver of respective second wireless signals transmitted by each of the plurality of second wireless transceivers, wherein the respective second wireless signals are transmitted in response to detecting the first wireless signal; (Ulbrich – [col. 9 ln. 41-55], [col. 29 ln. 10-20]) store a log of the position over time; and (Ulbrich – [Fig. 12], [col. 22 ln. 31-39]) generate a heat map identifying various positions of the first portion relative to the second portion and varying degrees of time spent at each of the various positions based on the log. (Ulbrich – [col. 23 ln. 1-3]) Ulbrich does not explicitly teach the following limitations, however Pryor, in the same field of endeavor, teaches: plurality of second wireless transceivers (Pryor – [0027]) Therefore, 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 sensors of Ulbrich with the plurality of ultrawideband (UWB) radio transceivers of Pryor in order to detect, track, warn, shut down and/or lockout an industrial vehicle (Pryor – [0027]). Regarding Claims 10, 17, Ulbrich further teaches: wherein the first portion is or includes an implement of the machine. (Ulbrich – [col. 29 ln. 10-20]) Regarding Claim 11, Ulbrich further teaches: wherein the machine is a lift device, a boom lift, a telehandler, a refuse vehicle, a fire apparatus, a bucket truck, a crane, a concrete mixer truck, or a construction machine. (Ulbrich – [col. 29 ln. 10-20]) Regarding Claim 13, Ulbrich further teaches: wherein the processing circuit is configured to generate the heat map using at least one of different colors or different patterns to indicate the varying degrees of time spent at each of the various positions. (Ulbrich – [col. 13 ln. 60], [col. 23 ln. 1-3] displayed in the form of heat maps Misspelled in the disclosure.) Regarding Claim 14, Ulbrich further teaches: wherein the processing circuit is configured to provide the heat map for display on a display device. (Ulbrich – [col. 13 ln. 60], [col. 22 ln. 31-39], [col. 23 ln. 1-3]) Regarding Claim 16, Ulbrich teaches the following limitations: A machine system comprising: (Ulbrich – [col. 1 ln. 9-12]) a first wireless transceiver configured to couple to a first portion of a machine; (Ulbrich – [col. 29 ln. 10-20]) a plurality of second wireless transceivers configured to couple to a second portion of the machine, (Ulbrich – [col. 8 ln. 40-48], [col. 29 ln. 10-20] Ulbrich does not explicitly teach “plurality of second wireless transceivers”.) the first portion movable relative to the second portion; and (Ulbrich – [col. 29 ln. 10-20]) a processing circuit configured to: determine a position of the first portion based on respective time delays between transmission of a first wireless signal by the first wireless transceiver and detection, by the first wireless transceiver of respective second wireless signals transmitted by each of the plurality of second wireless transceivers, wherein the respective second wireless signals are transmitted in response to detecting the first wireless signal; and (Ulbrich – [col. 9 ln. 41-55], [col. 29 ln. 10-20]) Ulbrich does not explicitly teach the following limitations, however Pryor, in the same field of endeavor, teaches: plurality of second wireless transceivers (Pryor – [0027]) identify unintentional movement of the first portion while the first portion is at a set position. (Pryor – [0027]) Therefore, 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 sensors/processing unit of Ulbrich with the plurality of ultrawideband (UWB) radio transceivers of Pryor in order to detect, track, warn, shut down and/or lockout an industrial vehicle (Pryor – [0027]). Regarding Claims 21-22, Ulbrich teaches the following limitations: wherein the first wireless transceiver configured to directly couple to the first portion of a machine. (Ulbrich – [col. 8 ln. 40-48], [col. 29 ln. 10-20]) Response to Arguments Applicant’s arguments, see Pages 6-10, filed 06/08/2026, with respect to the rejection under 35 U.S.C. § 103 have been fully considered and are not persuasive. Applicant argue “Ulbrich fails to disclose “a processing circuit configured to determine a position of the first portion based on respective time delays between transmission of a first wireless signal by the first wireless transceiver and detection, by the first wireless transceiver of respective second wireless signals transmitted by each of the plurality of second wireless transceivers, wherein the respective second wireless signals are transmitted in response to detecting the first wireless signal”. The examiner disagrees, the amended claims seem to be describing a position processing that is analogous to an RFID Time of Flight (ToF) measurement. The examiner maintains that Ulbrich – [col. 9 ln. 41-55] teaches this limitation through the processing unit described and the ToF sensor. Applicant argues “Ulbrich does not disclose any particular mechanism for precise localization of the transponder,”. The examiner disagrees, Ulbrich [col. 9 ln. 41-55] teaches “a laser distance sensor, an ultrasonic sensor, a ToF sensor, LIDAR, radar, etc.” and [col. 29 ln. 10-20] “the precise localization of the transponder”. Applicant argues “ToF sensors generally measure an amount of time it takes for light to reflect off of an object”. The examiner disagrees, radars generally measure an amount of time it takes for light to reflect off of an object. It is clear that the “ToF sensors” in an RFID system are being utilized in the localization process described in Ulbrich – [col. 29 ln. 10-20] between the RFID transponder and the AIT. Further, the term “reflect” is broad and understood by PHOSITA to describe the backscatter of an RFID transponder. Applicant’s arguments, see Page 10, filed 06/08/2026, with respect to the rejection under 35 U.S.C. § 103 have been fully considered and are not persuasive. Applicant argues that the dependent claims are allowable due to the dependency on the independent claims. As noted above, the examiner maintains Ulbrich in view of Pryor teaches the independent claims and therefore the dependent claims remain rejected. 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 is understandable and distinguishable from other inventions. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON JAMES HENSON whose telephone number is (703)756-1841. The examiner can normally be reached Monday-Friday 9:00 am - 5:00 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, Resha H. Desai can be reached at (571) 270-7792. 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. /BRANDON JAMES HENSON/Examiner, Art Unit 3648 /BERNARR E GREGORY/Primary Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Oct 18, 2023
Application Filed
Nov 07, 2025
Non-Final Rejection mailed — §103
Feb 09, 2026
Response Filed
Feb 27, 2026
Final Rejection mailed — §103
Apr 27, 2026
Response after Non-Final Action
Jun 08, 2026
Request for Continued Examination
Jun 11, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §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
71%
Grant Probability
96%
With Interview (+25.8%)
3y 2m (~4m remaining)
Median Time to Grant
High
PTA Risk
Based on 75 resolved cases by this examiner. Grant probability derived from career allowance rate.

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