DETAILED ACTION
The following is a Non-Final Office Action in response to communications filed on August 28th 2026. Claims 1-4, 6-10,13-14,16-18,19-20, 61-64 are pending.
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 .
Response to Arguments/Amendments
Applicant’s arguments with respect to claim(s) 1-10, 13, 14, 16-18,19-20 and 61-62 under 35 USC 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 (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 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.
Claim(s) 1-10, 13, 14, 16-17,19-20 and 61-62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kendrick (US 2009/0082929 in view of Stanhope et al. (US 2020/0000005) in view of Sherlock (US 2023/0087278) in further view of Zemenchik (US 2020/0107490.)
Regarding claim 1, Kendrick teaches a computer-implemented method of operating a ripper attached to a machine, comprising:
(a) setting, by a computer, a depth of the ripper to an initial depth (Para. [0017]… position measurement sensor 29 may be configured to generate a position measurement indicative of a cutting depth of ground engaging work tool 18);
(b) monitoring, by the computer, a ground speed and an acceleration rate of the machine (Para. [0018]…controller 30 may include means for monitoring, recording, storing, indexing, processing, determining, and/or communicating the location and speed of machine 12); and
(c) calculating, by the at least one computer, a target depth of the ripper, wherein the target depth is dependent at least in part on the acceleration rate of the machine (Para. [0022]…controller 30 may increase the cutting depth of ground engaging work tool 18 and, subsequently decrease speed of machine 12. Controller 30 may decrease the cutting depth of
ground engaging work tool 18 and, subsequently increase speed of machine 12, when the rate of change of productivity is less than zero);
Kendrick fails to teach (c) calculating, by the at least one computer, a target depth of the ripper, based at least in part on a machine learning algorithm, wherein the target depth is dependent at least in part on (ii) the roll of the machine, the pitch of the machine, or both, and (iii) a coefficient based at least in part on (1) a ground material and (2) a ground temperature, a ground hardness, or both; and (d) automatically adjusting, by the at least one computer, the depth of the ripper to the target depth, to maintain a target ground speed of the machine.
However, Stanhope teaches wherein the target depth is dependent at least in part on the acceleration rate of the machine and the roll of the machine, the pitch of the machine, or both. (Stanhope, Para. [0020]…based on the relative positioning of the first and second ground engaging tools on the implement's frame, the penetration depth differential may, in tum, be indicative of pitching of the frame in a longitudinal direction and/or rolling of the frame in a lateral direction. For example, if the penetration depth of the first ground engaging tool is greater than the penetration depth of the first ground engaging tool, the controller may determine that the implement frame has pitched and/or rolled relative to a desired orientation or levelness of the frame relative to the ground.)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system for a mobile excavation machine as taught by Kendrick with the method of monitoring the frame levelness of an agricultural implement as taught by Stanhope to create a level and uniform layer of tilled soil across the field to form a proper seedbed for subsequent planting operations (Stanhope, Para. [0002]).
Further, Sherlock teaches (c) calculating, by the at least one computer, a target depth of the ripper, based at least in part on a machine learning algorithm (Para. [0021]… The electronic processor 140 is configured to receive image data 100 captured by the optical sensor 95 and apply an algorithm of an artificial neural network 145 to identify a ground material characteristic 150 of the ground material 105, based on the image data 100 from the optical
sensor 95…), wherein the target depth is dependent at least in part on (iii) a coefficient based at least in part on (1) a ground material and (2) a ground temperature, a ground hardness, or both (Sherlock, Para. [0023]… The electronic processor 140 accesses the operation information 135 corresponding to the ground material characteristic 150 from the non-transitory computer-readable memory 130 and adjusts an operation of the work vehicle 10 based on the accessed operation information 135 corresponding to the ground material characteristic 150. The operation information 135 may include a change to a work vehicle setting 155 such as a depth of the implement 15, a depth of a ripper 160 (FIG. 1), or an engine speed 165…) ;
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system for a mobile excavation machine as taught by Kendrick in view of Stanhope with the ground material identification system as taught by Sherlock to provide an improved system that identifies the ground material for grading terrain to a flat surface at various angles, slopes and elevations (Sherlock, Para. [0002]).
Further, Zemenchik teaches (d) automatically adjusting, by the at least one computer, the depth of the ripper to the target depth, to maintain a target ground speed of the machine (Zemenchik, Para. [0042]…The agricultural implement controller 48 may then output a signal indicative of instructions to control the actuator(s) coupled to the ground engaging tool(s) based on the target penetration depth, the target downforce, the target ground speed, or a combination thereof..)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system for a mobile excavation machine as taught by Kendrick in view of Stanhope and Sherlock with the method for controlling an agricultural tillage implement as taught by Zemenchik to increase crop yield from harvesting operations (Para. [0002]).
Regarding claim 2, Kendrick, in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein the automatically adjusting the depth of the ripper comprises raising the ripper to a first target depth if the acceleration rate has a negative value (Kendrick, Para. [0022]…controller 30 may increase the cutting depth of ground engaging work tool 18 and, subsequently decrease speed of machine 12).
Regarding claim 3, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 2, wherein the automatically adjusting the depth of the ripper comprises lowering the ripper to a second target depth if the acceleration rate has a positive value (Kendrick, Para. [0022]….controller 30 may decrease the cutting depth of ground engaging work tool 18 and, subsequently increase speed of machine 12).
Regarding claim 4, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 3, wherein the first target depth is less than the initial depth, and wherein the second target depth is greater than the initial depth (Kendrick, Para. [0022]).
Regarding claim 6, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein the target depth increases when the acceleration rate has a positive value (Kendrick, Para. [0022]).
Regarding claim 7, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 6, wherein the target depth decreases when the acceleration rate has a negative value (Kendrick, Para. [0022]).
Regarding claim 8, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein the target depth of the ripper is calculated based at least in part on a product of the acceleration rate and the coefficient (Kendrick, Para. [0026]).
Regarding claim 9, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 8 wherein the target depth has a proportional relationship to the acceleration rate (Kendrick, Para. [0026-0028]).
Regarding claim 10, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of a claim 9, further comprising, prior to setting the depth of the ripper to the initial depth, determining the coefficient. (Kendrick, Para. [0020]…the point of maximum productivity may indicate a cutting depth at which machine 12 may remove the maximum amount of material given the current mechanical and terrain characteristics.)
Regarding claim 13, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein the machine learning algorithm is tuned based at least in part on a hyperparameter (Sherlock, Para. [0021]).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system for a mobile excavation machine as taught by Kendrick in view of Stanhope with the ground material identification system as taught by Sherlock to provide an improved system that identifies the ground material for grading terrain to a flat surface at various angles, slopes and elevations (Sherlock, Para. [0002]).
Regarding Claim 14, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, further comprising determining a density level of the ground in a vicinity of the machine (Kendrick, Para. [0020]…the point of maximum productivity may indicate a cutting depth at which machine 12 may remove the maximum amount of material given the current mechanical and terrain characteristics.)
Regarding claim 16, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein the machine includes an excavator, a grader, a loader, crawler, or a bulldozer (Kendrick, Fig. 1, machine 12).
Regarding claim 17, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein the ripper is attached to a rear end of the machine (Kendrick, Fig 1. ground engaging work tool, 18) .
Regarding claim 19, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, further comprising raising the ripper when the ground speed is slower than a target ground speed (Kendrick, Para. [0022]).
Regarding claim 20, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 19, further comprising lowering the ripper when the ground speed is faster than the target ground speed (Kendrick, Para. [0022]).
Regarding claims 61 and 62, please refer to the rejection of claim 1 which is commensurate in scope.
Regarding claim 63, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein the coefficient is determined by a machine learning algorithm (Sherlock, Para. [0021]…the artificial neural network 130 is trained to receive the image data 100 as input and to produce as the output an indication of the ground material characteristic…)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system for a mobile excavation machine as taught by Kendrick in view of Stanhope with the ground material identification system as taught by Sherlock to provide an improved system that identifies the ground material for grading terrain to a flat surface at various angles, slopes and elevations (Sherlock, Para. [0002]).
Regarding claim 64, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, wherein one or more of: the material of the ground, the ground temperature, and the ground hardness are automatically determined based on sensor data from one or more sensors (Para. [0021]… The electronic processor 140 is configured to receive image data 100 captured by the optical sensor 95 and apply an algorithm of an artificial neural network 145 to identify a ground material characteristic 150 of the ground material 105, based on the image data 100 from the optical sensor 95.)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system for a mobile excavation machine as taught by Kendrick in view of Stanhope with the ground material identification system as taught by Sherlock to provide an improved system that identifies the ground material for grading terrain to a flat surface at various angles, slopes and elevations (Sherlock, Para. [0002]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kendrick (US 2009/0082929) in view of Stanhope et al. (US 2020/0000005) in view of Sherlock (US 2023/0087278) in view of Zemenchik (US 2020/0107490) in further view of Clar et al. (US 2014/0227957).
Regarding claim 18, Kendrick in view of Stanhope, Sherlock, and Zemenchik teach the method of claim 1, Clar teaches further comprising lowering the ripper on a slope when the ripper is going downhill (Para. [0048]…the load on the blade 11 may also be affected by the slope of the terrain upon which the machine 10 is moving. Accordingly, if desired, the accuracy of the implement load measurement may be increased by utilizing the implement load sensor system 42 in conjunction with a slope or inclination sensor such as pitch angle sensor 48. For example, if the machine 10 is moving uphill, the load on the blade 11 may be higher due to gravity as compared to a machine operating in the same conditions on flat terrain. Similarly, the load on the blade 11 may be lower for the same conditions when operating the machine in a downhill orientation. By determining the slope of the terrain, the controller 36 may more accurately determine changes in the load on the blade 11.)
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control system for a mobile excavation machine as taught by Kendrick in view Stanhope, Sherlock and Zemenchik with a system for determining a ripping path as taught by Clar to utilize a ripper mechanism to break-up or dislodge the hard material to reduce wear on the machine and enabling the machine to move the material in an efficient manner (Clar, Para. [0003]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JODI M JONES whose telephone number is (571)272-0107. The examiner can normally be reached M-F 8:30am-5:00pm.
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/JODI JONES/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
