DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
STATUS OF CLAIMS
This Non-Final action is in reply to the application 18/632,498 filed on 04/11/2024.
Claims 1 – 7, 9 – 14 are rejected
Claims 8, 15– 23 are objected
Claims 1 – 23 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/11/2024 was filed after the mailing date has been fully considered by examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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) 1-3, 5-7, 9 – 14 - 23 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9394666 – Oka et al. hereinafter as OKA in view of US PG Pub.6047228 – Stone et al. hereinafter as STONE
Regarding Claim 1:
OKA discloses:
A working machine comprising:
a machine body; (Col 10 line 36 - 60 - construction machine with lower traveling body)
a working device connected to the machine body and including a function portion to perform a function corresponding to a content of work while in contact with a work target object; (Col 10 line 36 - 60 – working device attached to lower traveling body, working device attached to a leading end of arm / boom)
a hydraulic actuator to switch between a first state in which the function portion is in contact with the work target object and a second state in which the function portion is not in contact with the work target object; ( col 10 line 50 – 55 – where in the cylinder receives a reaction force based on work target )
a manual operator to be operated by a user in relation to actuation of the hydraulic actuator; and (col 7 line 10 – 35 – limiting the value of the magnitude of command signal and col 6 line 30 - 34 wherein the controlling means on only modify operator command signal while boom is being raised as the operator )
a controller configured or programmed to control the actuation of the hydraulic actuator; (Col 8 line 46 - 54 - controller 26 boom cylinder 6 )
wherein the controller is configured or programmed to: ( Col 8 line 9 – 26 – controller 26 controls on the basis of pressure)
derive a degree of contact of the function portion with the work target object based on a pressure of hydraulic fluid supplied to the hydraulic actuator; ( Col 8 line 9 – 26 – controller 26 controls on basis of detected pressure of the hydraulic cylinders sensed by pressure sensors)
if the derived degree of contact matches a threshold, change an actuation state of the hydraulic actuator in action. ( Col 8 line 9 – 26 – controller 26 controls on basis of detected pressure of the hydraulic cylinders sensed by pressure sensors)
OKA discloses of a machine that can derive a degree of contact of the function portion with the work target object based on a pressure of hydraulic fluid supplied to the hydraulic actuator OKA doesn’t explicitly disclose a presets of optimal degree of contacts for changing an actuation state of the hydraulic actuator in action, STONE discloses of multiple presets of optimal degree of contact to change an actuation state of the hydraulic actuator in action , STONE further discloses:
matches or substantially matches a preset optimal degree of contact, change an actuation state of the hydraulic actuator in action. ( col 6 line 30 - 34 wherein the controlling means on only modify operator command signal while boom is being raised as the operator, and a lookup table such has limiting values that correspond to specific positions and such reads on a preset optimum degree of contact )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for OKA disclosing a machine that can derive a degree of contact of the function portion with the work target object based on a pressure of hydraulic fluid supplied to the hydraulic actuator to utilize the ability to have multiple presets of optimal degree of contact to change an actuation state of the hydraulic actuator in action as taught by STONE. This would allow OKA to prevent hydraulic damage to protect the machine from high hydraulic cylinder forces by determining positive and negative limits to protect the machine from hydraulic forces. (STONE - col 6 line 13 – 37 wherein a lookup table structures limiting values of positive and negative associated with specific commands to assist the operator in operation)
Regarding Claim 2:
OKA / STONE discloses claim 1:
STONE discloses the manual operator limitation taught in claim 1
2. The working machine according to claim 1, wherein the controller is configured or programmed to change the actuation state of the hydraulic actuator in action while the manual operator is operated in relation to the actuation of the hydraulic actuator. (col 7 line 10 – 35 – limiting the value of the magnitude of command signal and col 6 line 30 - 34 wherein the controlling means on only modify operator command signal while boom is being raised as the operator )
Regarding Claim 3:
OKA / STONE discloses claim 1:
STONE discloses the manual operator limitation taught in claim 1
3. The working machine according to claim 1, wherein changing the actuation state of the hydraulic actuator in action by the controller includes reducing an actuation speed of the hydraulic actuator from an actuation speed corresponding to an instruction provided by operation of the manual operator. ( Col 4 line 32 – 40 – wherein limiting results is a reduction in the overall maximum velocity)
Regarding Claim 5:
OKA / STONE discloses claim 2:
OKA discloses:
wherein the hydraulic actuator includes a hydraulic cylinder including a tubular cylinder and a piston rod inserted in the tubular cylinder such that the piston rod is extendable out of and retractable into the tubular cylinder, the hydraulic cylinder being operable to switch between the first state and the second state by extending or retracting via extension of the piston rod out of the tubular cylinder or retraction of the piston rod into the tubular cylinder; ( col 4 line 55 – 67 and col 10 line 35 – 67 – head side chamber 6a and rod size chamber 6b, extends and retracts to lower boom )
the hydraulic cylinder includes a first port to allow hydraulic fluid to be supplied to the tubular cylinder to move the piston rod in a direction in which the piston rod extends out of the tubular cylinder and a second port to allow hydraulic fluid to be supplied to the tubular cylinder to move the piston rod in a direction in which the piston rod retracts into the tubular cylinder; and (Col 4 line 50 – col 5 line 6 - Boom raised to position – 12a fluid to head side 6a, rod side 6b to tank ,lowering boom 12b)
the controller is configured or programmed to, while the manual operator is operated in relation to extension or retraction of the hydraulic cylinder that is the actuation of the hydraulic actuator: (col 7 line17 – wherein pilot pressure on the input is the manual control, col 7 line 55 – col 8 line 48 - detection of head first port side and rod second port side, col 4 line 40-47 is the manual operation wherein the remote control valves 10 and 11 have operation levers )
derive the degree of contact of the function portion with the work target object based on the pressure of hydraulic fluid at least at the first port or the second port of the hydraulic cylinder; ( Col 8 line 9 – 26 – controller 26 controls on basis of detected pressure of the hydraulic cylinders sensed by pressure sensors)
if the derived degree of contact matches a threshold, change an actuation state of the hydraulic actuator in action. ( Col 8 line 9 – 26 – controller 26 controls on basis of detected pressure of the hydraulic cylinders sensed by pressure sensors)
OKA discloses of a machine that can derive a degree of contact of the function portion with the work target object based on a pressure of hydraulic fluid supplied to the hydraulic actuator OKA doesn’t explicitly disclose a presets optimal degree of contacts for changing an actuation state of the hydraulic actuator in action, STONE discloses of a preset of optimal degree of contacts to change an actuation state of the hydraulic actuator in action , STONE further discloses:
matches or substantially matches a preset optimal degree of contact, change an actuation state of the hydraulic actuator in action. ( col 6 line 30 - 34 wherein the controlling means on only modify operator command signal while boom is being raised as the operator, and a lookup table and such discloses the preset stored target and override mechanism )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for OKA disclosing a machine that can derive a degree of contact of the function portion with the work target object based on a pressure of hydraulic fluid supplied to the hydraulic actuator to utilize the ability to have multiple presets of optimal degree of contact to change an actuation state of the hydraulic actuator in action as taught by STONE. This would allow OKA to prevent hydraulic damage to protect the machine from high hydraulic cylinder forces by determining positive and negative limits to protect the machine from hydraulic forces. (STONE – col 5 line 60 – col 6 line 10 – to prevent cavitation col 6 line 13 – 37 wherein a lookup table structures limiting values of positive and negative associated with specific commands to assist the operator in operation)
Regarding Claim 6:
OKA / STONE discloses claim 5:
OKA discloses
The working machine according to claim 5, wherein the controller is configured or programmed to, while the manual operator is operated in relation to the extension or retraction of the hydraulic cylinder, reduce a movement speed of the piston rod of the hydraulic cylinder in action as the derived degree of contact ( Col 8 line 8 line 40 – 48 and col 8 line 40 – line 35 )
STONE discloses the Approaches the preset optimal degree of contact as taught in claim 5 ( col 6 line 30 - 34 a plurality of limiting values that correspond to the lift and tilt cylinder positions.)
Regarding Claim 7:
OKA / STONE discloses claim 6:
OKA discloses of wherein the controller is configured or programmed to, while the manual operator is operated in relation to the extension or retraction of the hydraulic cylinder, OKA doesn’t explicitly disclose the manual operator cause the piston rod to stop moving when the derived degree of contact changes from a degree other than the preset optimal degree of contact to a degree matching or substantially matching the preset optimal degree of contact STONE discloses wherein the controller is configured or programmed to, while the manual operator is operated in relation to the extension or retraction of the hydraulic cylinder, cause the piston rod to stop moving when the derived degree of contact changes from a degree other than the preset optimal degree of contact to a degree matching or substantially matching the preset optimal degree of contact, STONE further discloses:
The working machine according to claim 6, wherein the controller is configured or programmed to, while the manual operator is operated in relation to the extension or retraction of the hydraulic cylinder, cause the piston rod to stop moving when the derived degree of contact changes from a degree other than the preset optimal degree of contact to a degree matching or substantially matching the preset optimal degree of contact.( col 5 line 21 – 28 – disclosing electronic limits to prevent bucket from reaching physical limits of work equipment and . i.e bucket)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for OKA disclosing a machine that can while the manual operator is operated in relation to the extension or retraction of the hydraulic cylinder to utilize the ability to while the manual operator is operated in relation to the extension or retraction of the hydraulic cylinder, cause the piston rod to stop moving when the derived degree of contact changes from a degree other than the preset optimal degree of contact to a degree matching or substantially matching the preset optimal degree of contact as taught by STONE. This would allow OKA to prevent hydraulic damage to protect the machine from high hydraulic cylinder forces by determining positive and negative limits to protect the machine from hydraulic forces. (STONE – col 5 line 60 – col 6 line 10 – to prevent cavitation col 6 line 13 – 37 wherein a lookup table structures limiting values of positive and negative associated with specific commands to assist the operator in operation)
Regarding Claim 9:
OKA / STONE discloses claim 5:
The working machine according to claim 5, wherein the working device includes:
an arm extending from the machine body and connected to the machine body such that the arm is swingable up and down; and ( col 4 line 55 – 67 and col 10 line 35 – 67 – head side chamber 6a and rod size chamber 6b, extends and retracts to lower boom wherein boom is the arm )
a bucket which is the function portion swingably connected to a distal portion of the arm; ( Col 4 line 1 – 14 – bucket)
the hydraulic cylinder includes a first hydraulic cylinder to swing the arm and a second hydraulic cylinder to swing the bucket; and ( fig. 5 col 4 line 1 – 10 - boom and a working attachment, wherein the working attachment has a boom 3, an arm 4 attached to the leading end of the boom 3, a bucket 5, as a working device, attached to the leading end of the arm 4, a boom cylinder 6 which actuates the boom 3, an arm cylinder 7 which actuates the arm, and a bucket cylinder 8 as a working cylinder which actuates the bucket 5.)
the controller is configured or programmed to, while the manual operator is operated to move the piston rod of the first hydraulic cylinder to lower the arm or to move the piston rod of the second hydraulic cylinder to bring the bucket into a discharging posture after the derived degree of contact reaches a value equal to or less than a specified value corresponding to a state in which the bucket is not in contact with a ground which is the work target object: ( Col 4 line 39 – 67 – discharge position based initial pilot pressure)
derive the degree of contact of the bucket with the ground which is the work target object based on the pressure of hydraulic fluid at least at the first port or the second port of the first hydraulic cylinder or the second hydraulic cylinder in which the piston rod is moved by operating the manual operator; and ( Col 4 line 39 – 67 – discharge position based initial pilot pressure and col 3 – line 25 - 35 reduce a head side pressure)
if the derived degree of contact matches a threshold, reduce a movement speed of the piston rod. ( Col 8 line 9 – 26 – controller 26 controls on basis of detected pressure of the hydraulic cylinders sensed by pressure sensors, where in controlling the throttle would control the speed on the piston and control flow rate)
OKA discloses of a machine that can move the arm bucket with the first and second cyclinders to bring into a discharge posture OKA doesn’t explicitly disclose a presets optimal degree of contacts for changing an actuation state of the hydraulic actuator in action, STONE discloses of a preset of optimal degree of contacts to change an actuation state of the hydraulic actuator in action , STONE further discloses:
matches or substantially matches a preset optimal degree of contact, change an actuation state of the hydraulic actuator in action. ( col 6 line 30 - 34 wherein the controlling means on only modify operator command signal while boom is being raised as the operator, and a lookup table and such discloses the preset stored target and override mechanism )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for OKA disclosing a machine that can derive a degree of contact of the function portion with the work target object based on a pressure of hydraulic fluid supplied to the hydraulic actuator to utilize the ability to have multiple presets of optimal degree of contact to change an actuation state of the hydraulic actuator in action as taught by STONE. This would allow OKA to prevent hydraulic damage to protect the machine from high hydraulic cylinder forces by determining positive and negative limits to protect the machine from hydraulic forces. (STONE – col 5 line 60 – col 6 line 10 – to prevent cavitation col 6 line 13 – 37 wherein a lookup table structures limiting values of positive and negative associated with specific commands to assist the operator in operation)
Regarding Claim 10:
OKA / STONE discloses claim 9:
OKA discloses:
The working machine according to claim 9, wherein the controller is configured or programmed to derive the degree of contact of the bucket with the ground which is the work target object based on a relationship between the pressure of hydraulic fluid at the first port and the pressure of hydraulic fluid at the second port. ( col 10 line 50 – 55 – where in the cylinder receives a reaction force based on work target )
Regarding Claim 11:
OKA / STONE discloses claim 5:
OKA discloses of working machine with a work attachment to be a bucket, STONE discloses of different work attachments than can attach and detach work attachment from working machine to be replaced with another work attachment with a different function, STONE further discloses:
The working machine according to claim 5, wherein the function portion includes an attachable and detachable work attachment to be attached such that the work attachment is replaceable with another work attachment having a different function; Wherein and the controller is configured or programmed to recognize the work attachment which is attached, and, if the recognized work attachment is a specific function portion, change the movement state of the piston rod of the hydraulic cylinder in action when the derived degree of contact matches or substantially matches the preset optimal degree of contact. (Col 4 – line 60 – 67 - Accordingly, the controller 208 determines the instant work function and selects the appropriate look-up table. Then based on the corresponding cylinder positions, the controller 208 selects a value from the look-up table and limits the operator command signal based on the selected
value to control the work implement 102 at the lowest desired rate and velocity. Wherein the look up table determines the work function based on the work implement 102)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for OKA disclosing a working machine with a work attachment to be a bucket to be able to wherein the function portion includes an attachable and detachable work attachment to be attached such that the work attachment is replaceable with another work attachment having a different function and recognize the work attachment which is attached, and, if the recognized work attachment is a specific function portion, change the movement state of the piston rod of the hydraulic cylinder in action when the derived degree of contact matches or substantially matches the preset optimal degree of contact as taught by STONE. This would allow OKA to prevent hydraulic damage to protect the machine from high hydraulic cylinder forces by determining positive and negative limits to protect the machine from hydraulic forces and improve kinematic gains based on work implement. (STONE – col 5 line 1 – 14 and col 5 line 60 – col 6 line 10 – to prevent cavitation and col 6 line 13 – 37 wherein a lookup table structures limiting values of positive and negative associated with specific commands to assist the operator in operation)
Regarding Claim 12:
OKA / STONE discloses claim 11:
STONE discloses the combination in claim 11 with regards to an attachment selector of work attachments.
The working machine according to claim 11, further comprising:
an attachment selector to be used by the user to select a work attachment to be used from a plurality of types of work attachments having different functions; wherein the controller is configured or programmed to recognize the work attachment selected by the user via the attachment selector as the work attachment which is attached. ( col 4 line 61 – 67 Accordingly, the controller 208 determines the instant work function and selects the appropriate look-up table. Then based on the corresponding cylinder positions, the controller 208 selects a value from the look-up table and limits the operator command signal based on the selected
value to control the work implement 102 at the lowest desired rate and velocity. Wherein the look up table determines the work function based on the work implement 102)
Regarding Claim 13:
OKA / STONE discloses claim 11:
STONE discloses the combination in claim 11 with regards to an attachment selector of work attachments.
The working machine according to claim 11, wherein the controller is configured or programmed to compare the derived degree of contact with one of a plurality of the preset optimal degrees of contact corresponding to the respective functions of the plurality of types of work attachments that corresponds to the recognized work attachment.( Col 4 line 26 – 40 - The magnitude of the electrical valve signal is determined by comparing a predetermined maximum limit value with the magnitude of the operator command signal and selecting the lesser value. The predetermined maximum limit value is preferably a function of the implement position. And col 4 line 61 – 67 – controller determining function for the work implement 102)
Regarding Claim 14:
OKA / STONE discloses claim 5:
OKA discloses:
The working machine according to claim 5, further comprising: one or more supply-discharge passages connected to the first port and/or the second port of the hydraulic cylinder; and one or more sensors to detect a pressure of hydraulic fluid in the one or more supply-discharge passages; wherein the controller is configured or programmed to, if a detection result from the one or more sensors exceeds a predetermined pressure while the manual operator is operated in relation to the extension and retraction of the hydraulic cylinder, change the movement state of the piston rod of the hydraulic cylinder in action to a state differing from an instruction provided by the operation of the manual operator. (Col 4 line 50 – col 5 line 6 - Boom raised to position – 12a fluid to head side 6a, rod side 6b to tank ,lowering boom 12b, Col 5 line 53 – col 6 line 12 – where inflow rate limitations is the threshold for limiting the flow rate to cylinders)
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9394666 – Oka et al. hereinafter as OKA in view of US PG Pub.6047228 – Stone et al. hereinafter as STONE in view of US PG Pub 20230203786 – ABE et al. hereinafter as ABE
Regarding Claim 4
OKA / STONE discloses claim 1:
OKA / STONE discloses hydraulic pump with hydraulic fluid and a working machine, MORI discloses wherein
a hydraulic pump to supply hydraulic fluid to the hydraulic actuator; and a prime mover to drive the hydraulic pump; wherein changing the actuation state of the hydraulic actuator in action by the controller includes reducing an actuation speed of the hydraulic actuator in action from an actuation speed corresponding to a combination of a drive rotational speed of the prime mover and an instruction provided by operation of the manual operator. ( para. 0135 - reduces speed , actuation)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for OKA / STONE to discloses hydraulic pump with hydraulic fluid and a working machine to utilize a hydraulic pump to supply hydraulic fluid to the hydraulic actuator; and a prime mover to drive the hydraulic pump; wherein changing the actuation state of the hydraulic actuator in action by the controller includes reducing an actuation speed of the hydraulic actuator in action from an actuation speed corresponding to a combination of a drive rotational speed of the prime mover and an instruction provided by operation of the manual operator, as taught by ABE. This would allow for OKA to ensure operability of a hydraulic unit ( para. 0007)
Allowable Subject Matter
Claims 8, 15 – 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
While contact pressure of an implement is known OKA / STONE / MORI discloses of determining contact pressure of a work attachment and has a threshold to avoid excessive contact with the work objects. OKA / STONE / MORI does not explicitly determining the pressure exceeding a threshold for a period of time and when the detection sensors exceed for a certain threshold for a certain period of time and deriving the degree of contact with earth auger within the soil . Additionally of an arm extending machine body the arm swingable with regards to auger and degree of contact, it doesn’t disclose the claim elements in a way that would not rely on an improper degree of hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Pub 20210087790 – installing a land anchor
US PG Pub 20210032849 – STRUSS – Hydraulic controlling operation of a work attachment
US PG Pub 20180274209 – Fukuda - hydraulic system for working machine
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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