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 . Claims 1-20 are pending in the application, of which claims 4,7,9 and 18 are withdrawn from consideration and 1-3,5-6,8,10-17 and 19-20 are examined below. This action is in response to the claims filed 2/26/26.
Election/Restrictions
Applicant's election with traverse of Species 1 and Species 4 in the reply filed on 2/26/26 is acknowledged. The traversal is on the grounds that examination of all of claims 1-20 will not unduly increase the Examiner’s search burden . This is not found persuasive because the different actuator types and the different actuation methods defined in the different Species would require independent searches in different classes/subclasses and different combinations of art for each of the different Species leading to both a search burden and an examination burden.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 8, and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 6 recites the following limitation:
wherein the characteristic comprises at least one of a length of time the manual override actuator is actuated or a number of times the manual override actuator within the threshold time period
It is unclear as to whether or not the characteristic comprises
at least one of a length of time the manual override actuator is actuated (within the threshold time period?) or a number of times the manual override actuator within the threshold time period
- or -
at least one of:
a length of time the manual override actuator is actuated; or
a number of times the manual override actuator within the threshold time period
Dependent claims are likewise rejected.
Claim 10 recites the following limitation:
wherein the actuation type detector is configured to obtain the threshold time period based on when the material transfer vehicle comes to a stop between operator actuations of the manual override actuator
It is unclear as to how the threshold time period is obtained “based on when the material transfer vehicle comes to a stop between operator actuations of the manual override actuator”.
Preceding claim 6 recites “determine that the manual override actuator is actuated one or more times over a threshold time period”.
As currently interpreted based on the present claim language of claim 10 and preceding claim 6, the system determines if the manual override actuator is actuated over a threshold time period, obtains the override distance based on a characteristic of the actuation which includes the length of time the actuator is actuated (within the threshold time period?) or the number of times the actuator is actuated within the threshold time period.
- Then -
The threshold time period is obtained based on when the vehicle comes to a stop between actuations.
It is unclear as to how the threshold can be utilized to determine the type of actuation which is required to determine the override distance based on the characteristic of the actuation (time/amount of actuation(s)) and then obtaining the threshold which was already used based on the timing of stopping between actuations. Depending on how the claims are to be interpreted, the distance is based on the timing and/or number of actuations within the threshold time period, note this is just distance and not speed/velocity/acceleration. Then based on the time relation of the actuations and the stoppage of the vehicle, the threshold is obtained after it was already utilized. Additionally, there is no recitation of determining/detecting/obtaining the timing of the stoppages of the vehicle relative to the timing/quantity of actuations.
Therefore claim 10 is rejected.
Claim Rejections - 35 USC § 102
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3,5-6,8,10-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Finley et al. (US 2024/0336463).
Regarding claims 1, 11, and 12, Finley discloses an autonomous load moving vehicle including a vehicle control system/method, comprising (Abstract):
a propulsion system configured to provide propulsion to a material transfer vehicle (¶43 - vehicle is propelled by two electric gear motors);
an automated ground distance control system configured to automatically control the propulsion system to move the material transfer vehicle a commanded distance (¶101 - Depression of the first button 402 (e.g., for the duration of one second) will signal the vehicle 15 to advance a set distance corresponding to the recited automatically control the propulsion system to move the vehicle a commanded distance);
a manual override actuator (¶92 and ¶101 - a first user input 402); and
a manual override control system configured to detect operator actuation of the manual override actuator and provide a commanded distance signal, indicative of an override distance, to the automated ground distance control system (¶92 and ¶101 - Depression of the first button 402 (e.g., for the duration of one second) will signal the vehicle 15 to advance a set distance corresponding to the recited automatically control the propulsion system to move the vehicle a commanded distance indicative of an override distance),
the automated ground distance control system being configured to automatically control the propulsion system to move the material transfer vehicle the override distance (¶92 and ¶101 - Depression of the first button 402 (e.g., for the duration of one second) will signal the vehicle 15 to advance a set distance corresponding to the recited automatically control the propulsion system to move the vehicle a commanded distance indicative of an override distance), and
then bring the material transfer vehicle to a stop, based on the commanded distance signal (¶101 - advance a set distance implicitly brings the vehicle to a stop after it has advanced the set distance).
Regarding claims 2, 13, 14, Finley further discloses a configuration system configured to detect a configuration user input indicative of the override distance and to store the override distance, the manual override control system being configured to retrieve the stored override distance based on detected operator actuation of the manual override actuator (¶101-102 – depression of the first button for a set duration causing the vehicle to advance a set distance is a pre-defined condition used to trigger the incremental movement corresponding to the recited storing and retrieving the override distance based on the detected actuation of the manual override).
Regarding claim 3, Finley further discloses wherein the manual override actuator comprises: an actuatable soft button displayed on an operator interface display (¶86 – user interface including the first button may be a tablet or smartwatch corresponding to the recited soft button displayed on the user interface).
Regarding claims 5 and 15, Finley further discloses an actuation type detector configured to detect a type of operator actuation of the manual override actuator and generate a type signal indicative of the detected type of operator actuation (¶101 – detection of which button is depressed and for how long corresponding to the recited detecting a type of operator actuation and generating a type signal indicative of the detected type of actuation).
Regarding claims 6 and 16, Finley further discloses an override distance value processor configured to; determine that the manual override actuator is actuated one or more times over a threshold time period (¶101 - Depression of the first button 402 (e.g., for the duration of one second) corresponding to the recited actuated one time over a threshold time period, the “one or more times” requires at least one actuation over the time period),
obtain the override distance based on the type signal and generate an override distance value signal indicative of the obtained override distance, based on a characteristic of the actuation of the manual override actuator (¶101 - Depression of the first button 402 (e.g., for the duration of one second) corresponding to the recited a characteristic of the actuation of the manual override actuator which will signal the vehicle 15 to advance a set distance (e.g., 3 meters) corresponding to the recited obtain the override distance based on the type signal and generate an override distance value signal indicative of the obtained override distance),
wherein the characteristic comprises at least one of a length of time the manual override actuator is actuated or a number of times the manual override actuator within the threshold time period (¶101- a single depression of the first button for the duration of one second corresponding to the recited the characteristic comprises at least one of a length of time the manual override actuator is actuated and the number of times to be actuated within the threshold time period).
Regarding claim 10, Finley further discloses wherein the actuation type detector is configured to obtain the threshold time period based on when the material transfer vehicle comes to a stop between operator actuations of the manual override actuator (¶101 - Depression of the first button 402 (e.g., for the duration of one second) corresponding to the recited obtaining the threshold time period which will signal the vehicle 15 to advance a set distance (e.g., 3 meters) corresponding to the recited when the material transfer vehicle comes to a stop between operator actuations of the manual override actuator).
Regarding claim 19, Finley further discloses a vehicle control system, comprising (Abstract):
a manual override actuator (¶92 and ¶101 - a first user input 402);
at least one processor; and a datastore storing computer executable instructions which, when executed by the at least one processor, cause the at least one processor to perform steps, comprising (¶6):
automatically generating a propulsion control signal to control a propulsion system on a material transfer vehicle to move the material transfer vehicle a commanded distance (¶101 - Depression of the first button 402 (e.g., for the duration of one second) will signal the vehicle 15 to advance a set distance corresponding to the recited automatically control the propulsion system to move the vehicle a commanded distance);
detecting operator actuation of the manual override actuator (¶92 and ¶101 - Depression of the first button 402 (e.g., for the duration of one second) corresponding to the recited operator actuation of the manual override actuator);
identifying an override distance value based on the detected operator actuation of the manual override actuator (¶92 and ¶101 - Depression of the first button 402 (e.g., for the duration of one second) will signal the vehicle 15 to advance a set distance corresponding to the recited automatically control the propulsion system to move the vehicle a commanded distance indicative of an override distance); and
automatically generating a control signal to control the propulsion system to move the material transfer vehicle an override distance indicated by the override distance value (¶92 and ¶101 - Depression of the first button 402 (e.g., for the duration of one second) will signal the vehicle 15 to advance a set distance corresponding to the recited automatically control the propulsion system to move the vehicle an override distance).
Regarding claim 20, Finley further discloses wherein the manual override actuator comprises: a configurable button displayed on an operator interface display (¶86-92 – user interface including the first button may be a tablet or smartwatch corresponding to the recited soft button displayed on the user interface where the user interface on the remote control can be programmed for different control modes corresponding to the recited configurable button display).
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 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Finley et al. (US 2024/0336463), as applied to claims 6 and 16 above, in view of Phillips et al. (US 2008/0086241).
Regarding claims 8 and 17, Finley further discloses incremental movement of the vehicle based on depressing a button a set duration to move a set distance would implicitly include multiple movements and therefore multi-actuation to advance further than the single depression (¶101).
However, Finley does not explicitly disclose a multi-actuation type system, however Phillips discloses a system of autonomous behaviors for a remote vehicle including when the actuation type detector detects that the type of operator actuation is a multi-actuation type in which the manual override actuator is actuated a multiple (N) times over the threshold time period, the override distance value processor is configured to generate the override distance value signal to indicate that the override distance value corresponds to N times the override distance (¶294 and ¶329 - Activating the button or switch multiple times in a row will result in multiple and successive executions of the chosen behavior. The end result is a new drive speed equivalent to the current drive speed increased or decreased by a factor of the preset speed value multiplied by the number of times the button or switch was activated.).
The combination of the manual control based on actuation timing of Finley with the multi-actuation type successive button activations for scaled actuations of Phillips fully discloses the elements as claimed.
It would have been obvious to one of ordinary skill in the art before the filing date to have combined the manual control based on actuation timing of Finley with the multi-actuation type successive button activations for scaled actuations of Phillips in order to simplify remote control of a vehicle by integrating autonomous remote vehicle behaviors (Phillips - ¶2).
Additional References Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ray et al. (US 2017/0339821) discloses an autonomous agricultural vehicle with manual control inputs including a control configured to automatically guide the agricultural vehicle 10 along the guidance swath 12 using virtual buttons to enable the operator to manually override the values determined by the controller (¶14 and ¶28-32)
Miyamoto et al. (US 2023/0315088) discloses an automatic run system for a work vehicle operating in a farm field including an offset processing unit 113 controls an offset action of the work vehicle 10 according to the offset operation which includes correcting the offset positioning to the offset distance corresponding to the recited override distance (¶73-75).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew J Reda whose telephone number is (408)918-7573. The examiner can normally be reached on Monday - Friday 7-4 ET.
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/MATTHEW J. REDA/Primary Examiner, Art Unit 3665
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