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 .
DETAILED ACTION
This action is in response to communications filed on 5/11/2026. Claims 1, 11-12 & 20 have been amended. Claims 10 & 19 have been canceled and claims 21-22 have been newly added. No other claims have been amended, added, or canceled. Accordingly, claims 1-9. 11-18 & 20-22 are pending.
Response to Arguments
Applicant's arguments filed 5/11/2026 have been fully considered but they are not persuasive. Applicant's representative argues, in substance, that neither Kawaguchi not Min, either alone or in combination disclose: (A) a current regulator electrically connected with the auxiliary power source to control a plurality of recharging power shares directed to the auxiliary power source; (B) provide a valid reason/motivation to combine Kawaguchi with Min to include a current regulator electrically connected with an auxiliary power source to control a plurality of recharging power shares directed to the auxiliary power source (impermissible hindsight); (C) the work cycle includes a dig-stroke segment, a loaded swing segment, a dump segment, and an empty stroke segment; (D) "an allocation routine/module to convert the total required recharging power into a recharging power control setting including a plurality of recharging power shares determined inversely to corresponding segment power loads of the work cycle, the recharging power control setting to be applied during a low load condition of the work cycle”; (E) "wherein the auxiliary power source and the current regulator are part of an auxiliary circuit which is arranged in parallel with a primary circuit including.
With respect to (A), the examiner respectfully disagrees. The examiner contends that Kawaguchi's disclosure of a battery terminal with charging and discharging controls used in conjunction with Min's power distribution device which stabilizes current from a battery to loads while maintaining constant current despite load variations reads on the instantly contested limitation.
With respect to (B), the examiner respectfully disagrees. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
With respect to (C), the examiner respectfully disagrees. Applicant admits that Kawaguchi discloses "excavating and loading work which is a typical work of the hydraulic shovel[machine]" (i.e., filling and raising a bucket full of soil, and then emptying/dumping the soil), reads on this limitation.
With respect to (D), the examiner respectfully disagrees. Keeping in mind what was disclosed above with respect to A-C, and that Kawaguchi's disclosure of an excavator excavating under light loads or under heavy loads reads on this limitation.
With respect to (E), the examiner respectfully disagrees. The examiner contends that Kawaguchi's disclosure of a battery terminal with charging and discharging controls used in conjunction with Min's power distribution device which stabilizes current from a battery to loads while maintaining constant current despite load variations, reads on the instantly contested limitation.
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.
Claims 1-9, 11-18 & 20- 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kawaguchi et al. (JP2002359935A) in view of Min et al (KR20230138330A).
As per claim 1, Kawaguchi discloses: an earthmoving machine comprising:
a machine frame supported on a plurality of traction/propulsion devices contacting a terrain surface (see Kawaguchi at least fig. 1-9 and in particular fig. 1; hydraulic excavator [11], upper swing body [13] to move up and down);
a traction motor operable to drive the plurality of traction/propulsion devices (see Kawaguchi at least fig. 1-9 and in particular fig. 1; electric motors [27], traveling device [12]);
a tool linkage attached and movable with respect to the machine frame and coupled to a work tool for engaging the terrain surface (see Kawaguchi at least fig. 1-9 and in particular fig. 1; boom [14], bucket [17] and arm [16]);
a hydraulic system including a hydraulic pump for fluidly communicating hydraulic fluid to one or more hydraulic actuators associated with the tool linkage (see Kawaguchi at least fig. 1-9 and in particular fig. 1; boom pump [23], arm pump [24], bucket pump [25]);
a primary power source electrically connect to provide electrical power to the traction motor (see Kawaguchi at least fig. 1-9 and in particular fig. 1; generator [31], electric motors [27]);
an auxiliary power source electrically connected to the hydraulic system to provide supplemental power to the hydraulic pump (see Kawaguchi at least fig. 1-9 and in particular fig. 1; battery [33], boom pump [23], arm pump [24]);
a current regulator electrically connected with the auxiliary power source to control a plurality of recharging power shares directed to the auxiliary power source (see Kawaguchi at least fig. 1-9 and in particular fig. 1-3 and par. 13-25; battery terminal with charge/discharge control device, energy detection means, power storage device control circuit with upper and lower limit values, regenerative power and regenerative charging circuit); and
an electronic controller configured to conduct a work cycle by moving the tool linkage and the work tool, the work cycle characterized by a high load condition and a low load condition (see Kawaguchi at least fig. 1-9 and in particular fig. 1 and par. 13-19, & 37; controller [32], energy calculating unit [41], engine controller [44]);
the electronic controller further configured to convert a total required recharging power for recharging the auxiliary power source into a recharging power control setting applied during the low load condition and to direct electrical recharging power to the auxiliary power source in accordance with the recharging power control setting (see Min at least fig. 1-7 and fig. 6 and par. 132; CC3-CC7 applying different/lower charging rates than standard CV charging).
Kawaguchi discloses the invention as detailed above.
However, Kawaguchi does not appear to explicitly disclose the electronic controller further configured to convert a total required recharging power for recharging the auxiliary power source into a recharging power control setting applied during the low load condition and to direct electrical recharging power to the auxiliary power source in accordance with the recharging power control setting.
Nevertheless, Min—who is in the same field of endeavor--discloses the electronic controller further configured to convert a total required recharging power for recharging the auxiliary power source into a recharging power control setting applied during the low load condition and to direct electrical recharging power to the auxiliary power source in accordance with the recharging power control setting (see Min at least fig. 1-7 and fig. 6 and par. 132; CC3-CC7 applying different/lower charging rates than standard CV charging).
One of ordinary skill in the art, prior to the effective filing rate of the given invention would have been motivated to combine Min’s charging rate with those of Kawaguchi’s charging/discharging control device in order to form an overall more efficient system (i.e., by generating engine power through efficient battery charging methods—see Min at least Background-Art).
Motivation to combine Kawaguchi with Min not only comes from knowledge well known in the art but also from Min (see at least Background-Art).
Both Kawaguchi and Min disclose claim 2: wherein the recharging power control setting is determined based on cycle segment times associated with the work cycle (see Min at least fig. 1-7 and in particular fig. 4 & 6; charging section based on temperature of battery pack).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 3: wherein the recharging power control settings includes a plurality of recharging power shares determined inversely to a corresponding segment power load (see Min at least fig. 1-7 and in particular fig. 4 & 6; charging sections CC3-CC7).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 4: wherein the plurality of recharging power shares include at least one recharging power share corresponding to a peak recharging level and at least one recharging power share corresponding to an intermediate recharging level (see Min at least fig. 1-7 and in particular fig. 4 & 6; charging sections CC3-CC7).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 5: wherein the total required recharging power is set to correspond with the supplemental power provided from the auxiliary power source (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; power storage unit/battery 33 and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 6: wherein the supplemental power provided to the auxiliary power source is measured by an auxiliary power sensors associated with the auxiliary power source (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; remaining amount detector and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 7: wherein the supplemental power provided to the auxiliary power source is estimated based on power consumption of the work cycle (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; Load Lp hydraulic excavator 11, and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 8: herein the total required recharging power is determined to maintain a target charge level of the auxiliary power source (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; power storage unit/battery 33, and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 9: wherein the auxiliary power source is a capacitor (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; capacitor/power storage unit have both battery and capacitor; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 11: wherein the auxiliary power source and the current regulator are part of an auxiliary circuit which is arranged in parallel with a primary circuit including the primary power source (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 12: A method of operating an earthmoving machine comprising: conducting a work cycle with the earthmoving machine that is characterized by a high load condition and a low load condition (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37);
determining a total required recharging power for recharging an auxiliary power source selectively connected with a primary power source (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37);
converting the total required recharging power to a recharging power control setting corresponding to the low load condition; and recharging the auxiliary power source in accordance with recharging power control setting (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 13: wherein the recharging power control setting includes a plurality of recharging power shares allocated over the low load condition (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 14: wherein the plurality of recharging power shares are determined inversely to a corresponding segment power load associated with the work cycle (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 15: wherein the recharging power control setting is determined based on cycle segment times associated with the work cycle (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 16: wherein the step of determining the total required recharging power includes measuring a supplemental power actually discharged from the auxiliary power source during the high load condition (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 17: wherein the step of determining the total required recharging power includes estimating a supplement power to be discharged from the auxiliary power source during the high load condition (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 18: wherein the step of determining the total required recharging power includes maintain a target charge level of the auxiliary power source (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 19: wherein the work cycle includes a dig-stroke segment, a loaded swing segment, a dump segment, and an empty stroke segment (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 20: A computer-implemented control system for recharging an auxiliary power source on an earthmoving machine comprising (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37):
a recharge determination routine/module configured to determine total required recharging power for recharging the auxiliary power source after discharging supplemental power during a high load condition of a work cycle; and an allocation routine/module to convert the total required recharging power into a recharging power control setting to be applied during a low load condition of the work cycle (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 21: wherein the step of converting the total required recharging power includes adjusting cycle segment times of the low load condition to distribute the total required recharging power over a prolonged period (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Both Kawaguchi and Min disclose claim 22: further comprising partitioning the work cycle into distinct segments classified as the high load condition or the low load condition, wherein the dig-stroke segment is classified as the high load condition, and wherein the loaded swing segment, the dump segment, and the empty swing segment are classified as the low load condition (see Kawaguchi at least fig. 1-9 in particular fig. 1, 7- 9 and ¶13-19 & 37; and see Min at least fig. 1-7 and in particular fig. 4 & 6).
Motivation to combine Kawaguchi with Min, in the instant claim is the same as that in claim 1 above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on Monday-Friday 7:30-5:00 PM ES.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MACEEH ANWARI/Primary Examiner, Art Unit 3663
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