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 .
In the event the determination of the status of the application as subject to 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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/23/2026 has been entered.
Status of Claims
This Office Action is in response to the amendments filed on 3/23/2026. Applicant has filed a provisional application and thus the domestic benefit of 10/27/2023 is the effective filing date. Claims 1-6, 9, and 18-20 are presently pending and are presented for examination.
Response to Amendment
Applicant’s amendments, see page 6 of 11, filed 3/23/2026, with respect to claim objections have been fully considered and are persuasive. The claim objections of record have been withdrawn.
Response to Arguments
Applicant's arguments, see page 8 of 11, filed 3/23/2026, have been fully considered but they are not persuasive. The Applicant has argued that Brandt does not disclose real-time image analysis of material accumulations or image analysis of accumulated material, to which the Examiner agrees, but notes that Brandt was never cited to these specifics. Brandt merely discloses a sensing system and the generation of paths. The secondary reference Friend teaches the usage of real-time camera data, and Ono further teaches the analysis of images to detect accumulated material.
Applicant's arguments, see page 8 of 11, filed 3/23/2026, have been fully considered but they are not persuasive. The Applicant has argued that Brandt does not disclose a path that overlaps a previous path, however the Examiner respectfully disagrees. Brandt discloses a compacting machine which traverses a path, leaving a void of uncompacted earth between the tracks left by the wheels, as depicted in Brandt, Figures 4a-4b. Upon traveling a subsequent path, the machine then overlaps the previous path, compacting the previously left uncompacted void. While the concept described in Brandt is applicable to the instant claims, Brandt does not elaborate on the uncompacted earth to the extent that the Applicant has claimed, therefore the teachings of Ono detail the analysis of image data to detect accumulation of material.
Applicant's arguments, see page 8 of 11, filed 3/23/2026, have been fully considered but they are not persuasive. The Applicant has argued that Brandt discloses pre-computed paths which does not include adjustments, however the Examiner respectfully disagrees. The Examiner presented Brandt as disclosing the generation of path(s) to compact the earth, with a machine having autonomous capabilities guided by “…a positioning system capable of dynamically determining the position of the machine with a high degree of accuracy as it traverses the work area 20…” (see Brandt at least [0014]). The specific details of updates to paths according to accumulated material were provided in the teachings of Ono, where the machine is autonomously guided by the accumulated material itself (see Ono at least [0161]).
Applicant's arguments, see pages 9-10 of 11, filed 3/23/2026, have been fully considered but they are not persuasive. The Applicant has argued that Ono does not provide a real-time sensor that detects a surface ahead of a work machine, however the Examiner respectfully disagrees. As stated above, Friend teaches a real-time sensor positioned so as to detect a surface ahead of a work machine. Ono also teaches a sensor for detecting a windrow, however the specifics of this sensor are not impactful on the overall teachings of Ono as relied upon to address the claims as currently presented.
Claim Objections
Claims 1-2, 6, 18, and 20 are objected to because of the following informalities:
Claim 1 as currently presented states “…an accumulation of material…the accumulation of a material…the accumulation of material…the detected accumulation of the material…” which the Examiner recommends updating to be consistent throughout the claims so as to prevent potential misinterpretation.
Claim 2 as currently presented states “…in response to updated images captured operation…” which the Examiner recommends updating to “…in response to updated images captured during operation…” (similar to claim 20) so as to prevent potential misinterpretation.
Claim 6 as currently presented states “…a utility vehicle…” which the Examiner recommends updating to “…[ [ a ] ] the utility vehicle…” so as to prevent potential misinterpretation.
Claim 18 as currently presented states “…the controller…” which the Examiner recommends updating to “…[ [ the ] ] a controller…” so as to prevent potential misinterpretation.
Claim 18 as currently presented states “…the first area…” which the Examiner recommends updating to “…[ [ the ] ] a first area…” so as to prevent potential misinterpretation.
Claim 20 as currently presented states “…a utility vehicle…” which the Examiner recommends updating to “…[ [ a ] ] the utility vehicle…” so as to prevent potential misinterpretation.
Appropriate correction is required.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 9, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brandt et al. (US-6,088,644; hereinafter Brandt; citations based off attached document including paragraph numbers, created by Examiner; already of record) in view of Friend et al. (US-2024/0360633; hereinafter Friend; already of record), and further in view of Ono et al. (US-2019/0106862; hereinafter Ono; already of record form IDS).
Regarding claim 1, Brandt discloses a system for operating a utility vehicle (see Brandt at least Abs and [0010] "In one embodiment of the present invention, an apparatus and method for determining a path or series of paths at a work site for a mobile machine capable of operating autonomously or semi-autonomously includes computing the heading of the machine by taking two or more position readings using a positioning system as the machine moves in a particular direction..."), the system comprising:
a work tool (see Brandt at least [0003] "As used in this patent specification the phrase "mobile machinery" and various approximations thereof refer to self-propelled machines such as track-type tractors, road graders, pavers, asphalt layers, agricultural machinery, compactors, lawnmowers, and the like, which exhibit both (1) mobility over or through a work site, and (2) the capacity to alter the topography or appearance of a work site with a tool or operative portion of the machine such as a bucket, shovel, blade, ripper, compacting wheel and the like."),
a sensing system (see Brandt at least [0012] "The present invention includes means to generate signals representing the instantaneous position in at least two-dimensional space of a portion of the mobile machine 28. Such means, as shown in FIG. 2, includes a vehicle positioning system 30 capable of providing information regarding the position of the mobile machine 28 in two-dimensional or three-dimensional space...") …
…a computing device having a processor and a memory, the [computer] operatively coupled to the sensing system (see Brandt at least Fig 3 and [0013] "The control system computer 40 includes a data processor, such as a microprocessor, random access memory, read only memory, and a data bus for receiving data from and transmitting data to various devices…"), wherein the [computer]
…
…
generates a second guidance path … wherein movement along the second guidance path creates a second area traversed that overlaps at least a portion of a first area traversed and causes the work tool to interact with the detected accumulation of the material (see Brandt at least Fig 4b and [0015] "...One pattern for accomplishing this is shown by a set of four paths 62, 64, 66, 68 in FIG. 4b, where the compactor follows path 64 to overlap the space 60 so that wheel 54 compacts the space 60 left by the compactor 50 as it traverses path 62...").
However, while Brandt details wheels used as a means of compaction, thus, a tool which interacts with an accumulation of material, that is earth adjacent to a compacted area, which would likely include some accumulation of earth, the Examiner recognizes that the following is not explicitly stated in Brandt:
…a sensing system configured to capture a real-time image of a surface ahead of the work tool as the utility vehicle travels, wherein the sensing system is positioned to detect an accumulation of material generated by excess material spilled off the work tool…
…a controller…
…receives a first sensing signal from the sensing system, the first sensing signal comprising the image of the surface ahead of the work tool, the image including the accumulation of a material…
…analyzes the image to identify the accumulation of material…
…[generate vehicle controls] based on the analysis of the image, wherein movement along the second guidance path creates a second area traversed that overlaps at least a portion of a first area traversed and causes the work tool to interact with the detected accumulation of the material.
Friend, in the same field of endeavor, teaches the following:
…a sensing system configured to capture a real-time image of a surface ahead of the work tool as the utility vehicle travels (see Friend at least [0039] "...In other embodiments, the camera 128 may comprise an infrared sensor, a thermal camera, or other like device configured to record and/or transmit thermal images of the worksite surface 102 in real-time. In some examples, the compaction machine 100 may include more than one camera 128 (e.g., a camera 128 at the front of the compaction machine 100a and a camera 128 at the rear of the compaction machine 100a).")…
…a controller (see Friend at least [0024] "...The control system 200 (FIG. 2) includes a controller 130…")…
…receives a first sensing signal from the sensing system, the first sensing signal comprising the image of the surface ahead of the work tool (see Friend at least [0031] "...The user interface 122 may be configured to receive and display, for example, at least part of a path 108 (FIGS. 4-7) and/or at least part of an edge-to-edge work plan 107 (e.g., compaction plan) of the present disclosure. The user interface 122 may be configured to receive and display one or more overlap section(s) 142 and/or multi-overlap portion(s) 144..." and [0034] "The sensors 112, 114 may further measure, sense, and/or otherwise determine actual characteristics of the worksite surface 102…" – sensors detect landscape; sensors send signal(s) indicative of landscape to user interface; user interface displays image representative of detected landscape)…
…
…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system for operating a utility vehicle as disclosed by Brandt with a controller capable of manipulating sensor data and displaying real-time sensor data such as taught by Friend with a reasonable expectation of success so as to provide a more efficient edge-to-edge working path for a machine to follow (see Friend at least [0002]).
However, neither Brandt nor Friend explicitly disclose or teach the following:
…the sensing system is positioned to detect an accumulation of material generated by excess material spilled off the work tool…
…the image including the accumulation of a material…
…analyzes the image to identify the accumulation of material…
…[generate vehicle controls] based on the analysis of the image, wherein movement along the second guidance path creates a second area traversed that overlaps at least a portion of a first area traversed and causes the work tool to interact with the detected accumulation of the material.
Ono, in the same field of endeavor, teaches the following:
…the sensing system is positioned to detect an accumulation of material generated by excess material spilled off the work tool (see Ono at least Fig 4, Fig 5, Fig 15, [0078]-[0080] "As illustrated in FIGS. 4 and 5, work vehicle 100 performs, as the grading work, excavation work for removing unevenness of a road surface of land grading area AR by blade 42. This excavation work produces a windrow WR on the lateral side of blade 42… Position measurement unit 102 is not limited to the millimeter-wave sensor, and it is possible to employ a laser scanner that radiates a laser beam and receives reflected laser beam. Alternatively, it is possible to detect windrow WR using an imaging device such as a camera.", and [0161] "Then, work vehicle 100 transmits information on a windrow produced by grading work to work vehicle 100P. Work vehicle 100P sets the work route S1 based on the information on the windrow produced by grading work by work vehicle 100, and performs the grading work along work route S1 that has been set.")…
…the image including the accumulation of a material (see Ono at least Fig 4, Fig 5, Fig 15, [0078]-[0080] "As illustrated in FIGS. 4 and 5, work vehicle 100 performs, as the grading work, excavation work for removing unevenness of a road surface of land grading area AR by blade 42. This excavation work produces a windrow WR on the lateral side of blade 42… Position measurement unit 102 is not limited to the millimeter-wave sensor, and it is possible to employ a laser scanner that radiates a laser beam and receives reflected laser beam. Alternatively, it is possible to detect windrow WR using an imaging device such as a camera.", and [0161] "Then, work vehicle 100 transmits information on a windrow produced by grading work to work vehicle 100P. Work vehicle 100P sets the work route S1 based on the information on the windrow produced by grading work by work vehicle 100, and performs the grading work along work route S1 that has been set.")…
…analyzes the image to identify the accumulation of material (see Ono at least [0079]-[0080] "Further, as illustrated in FIG. 4, on an upper surface of front frame 22 of work vehicle 100, position measurement unit 102 is attached. Position measurement unit 102 measures a windrow WR produced on the lateral side of blade 42... By detecting a difference from returning time of the reflected wave when traveling on flat land, it is possible to detect a condition of the road surface. In this example, it is possible to detect windrow WR... Alternatively, it is possible to detect windrow WR using an imaging device such as a camera.")…
…[generate vehicle controls] based on the analysis of the image, wherein movement along the second guidance path creates a second area traversed that overlaps at least a portion of a first area traversed and causes the work tool to interact with the detected accumulation of the material (see Ono at least [0161] "Then, work vehicle 100 transmits information on a windrow produced by grading work to work vehicle 100P. Work vehicle 100P sets the work route S1 based on the information on the windrow produced by grading work by work vehicle 100, and performs the grading work along work route S1 that has been set." [0177] "The grading work (excavation work) over land grading area AR as a whole is performed, windrows produced by the excavation work are measured, and a route including the windrows produced in land grading area AR as a whole are set as the leveling work route. Then, by autonomously travel along the leveling work route, it is possible to perform appropriately land grading (leveling process) of the windrows produced by grading work." and [0184] "As the windrow is included in the work range of blade 42, it is possible to reliably flatten the windrow.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system for operating a utility vehicle as taught by Brandt in view of Friend with detection of a windrow such as taught by Ono with a reasonable expectation of success for the sake of following along a path which has already been generated, producing a more noticeable trail for work to be done (see Ono at least [0010]-[0014]).
Regarding claim 2, Brandt in view of Friend and Ono teach the system of claim 1, wherein the controller (Friend; controller 130) is further configured to guide, by the controller, the utility vehicle, along the second guidance path using a path guidance system (see Brandt at least Fig 4b and [0015] "...One pattern for accomplishing this is shown by a set of four paths 62, 64, 66, 68 in FIG. 4b, where the compactor follows path 64 to overlap the space 60 so that wheel 54 compacts the space 60 left by the compactor 50 as it traverses path 62. After traversing path 64, the compactor 50 traverses path 66, once again leaving space 60 between wheels 52 and 54..." and [0029] "...Such mobile machinery may be equipped in known fashion with an electro-hydraulic control system 42 as discussed hereinabove. The control system 42 for autonomous mobile machinery includes several software programs that may be executed in the control system computer 40. These software programs include a work planner for generating paths 22, a path planner for planning transitions between the paths 22, and a path follower for determining which way to steer the mobile machine 28 to follow the paths 22...") in response to updated images captured operation (see Friend at least [0039] "...In other embodiments, the camera 128 may comprise an infrared sensor, a thermal camera, or other like device configured to record and/or transmit thermal images of the worksite surface 102 in real-time. In some examples, the compaction machine 100 may include more than one camera 128 (e.g., a camera 128 at the front of the compaction machine 100a and a camera 128 at the rear of the compaction machine 100a)."), thereby enabling real-time adaptation to changing material accumulations (see Ono at least [0161] "Then, work vehicle 100 transmits information on a windrow produced by grading work to work vehicle 100P. Work vehicle 100P sets the work route S1 based on the information on the windrow produced by grading work by work vehicle 100, and performs the grading work along work route S1 that has been set." [0177] "The grading work (excavation work) over land grading area AR as a whole is performed, windrows produced by the excavation work are measured, and a route including the windrows produced in land grading area AR as a whole are set as the leveling work route. Then, by autonomously travel along the leveling work route, it is possible to perform appropriately land grading (leveling process) of the windrows produced by grading work." and [0184] "As the windrow is included in the work range of blade 42, it is possible to reliably flatten the windrow.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system for operating a utility vehicle as disclosed by Brandt with a controller and real-time images such as further taught by Friend with a reasonable expectation of success for reasons similar to those provided above in claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system for operating a utility vehicle as taught by Brandt in view of Friend with controls according to a detected accumulation of material such as taught by Ono with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 3, Brandt in view of Friend teach the system of claim 1, wherein the work tool comprises a blade or a bucket (see Brandt at least [0003] "As used in this patent specification the phrase "mobile machinery" and various approximations thereof refer to self-propelled machines such as track-type tractors, road graders, pavers, asphalt layers, agricultural machinery, compactors, lawnmowers, and the like, which exhibit both (1) mobility over or through a work site, and (2) the capacity to alter the topography or appearance of a work site with a tool or operative portion of the machine such as a bucket, shovel, blade, ripper, compacting wheel and the like.").
Regarding claim 4, Brandt in view of Friend teach the system of claim 1, wherein the controller (Friend; controller 130) is further configured to display, on a display, information related to the second guidance path ((see Brandt at least "...The areas where there are differences between the desired and the actual site topography indicate areas where work still needs to be done with the machine. This information is provided to an operator via a real-time graphical display to provide visual cues for operating the machine over a work site...") additionally/alternatively (see Friend at least [0031] "…The user interface 122 may be configured to receive and display, for example, at least part of a path 108 (FIGS. 4-7) and/or at least part of an edge-to-edge work plan 107 (e.g., compaction plan) of the present disclosure...")).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the system for operating a utility vehicle as disclosed by Brandt with a controller and display such as further taught by Friend with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 5, Brandt in view of Friend teach the system of claim 1, wherein the sensing system comprises one or more of a stereo camera, a radar, and a lidar (see Brandt at least [0012] "...Several different types of sensors 32 are suitable for use in such positioning systems 30 including, but not limited to, inertial gyros, lasers, global positioning systems (GPS), GPS/laser combinations, and radar…").
Regarding claim 6, Brandt in view of Friend teach the system of claim 1, wherein the accumulation of the material comprises a linear pile of the material generated by a movement of the work tool during motion of a utility vehicle (see Ono at least Fig 4, Fig 5, and [0078] "As illustrated in FIGS. 4 and 5, work vehicle 100 performs, as the grading work, excavation work for removing unevenness of a road surface of land grading area AR by blade 42. This excavation work produces a windrow WR on the lateral side of blade 42.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system for operating a utility vehicle as taught by Brandt in view of Friend with detection of a windrow such as taught by Ono with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 9, Brandt in view of Friend teach the system of claim 1, wherein the first guidance path is generated by a path guidance system (see Brandt at least [0029] "...Such mobile machinery may be equipped in known fashion with an electro-hydraulic control system 42 as discussed hereinabove. The control system 42 for autonomous mobile machinery includes several software programs that may be executed in the control system computer 40. These software programs include a work planner for generating paths 22, a path planner for planning transitions between the paths 22, and a path follower for determining which way to steer the mobile machine 28 to follow the paths 22...").
Regarding claim 18, Brandt in view of Friend and Ono teach the analogous material of that as disclosed in claim 1 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 19, Brandt in view of Friend and Ono teach the analogous material of that as disclosed in claim 4 as recited in the instant claim and is rejected for similar reasons.
Regarding claim 20, Brandt in view of Friend and Ono teach the analogous material of that as disclosed in claim 2 as recited in the instant claim and is rejected for similar reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Durkos et al. (US-2009/0228166) teaches a machine capable of navigating a path and avoiding obstacles.
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/S.P.R./Examiner, Art Unit 3663
/KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
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