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 .
Status of the Claims
This Office Action is in response to the amendments and/or arguments filed on February 13, 2026. Claims 1-2, and 4-10 are presently pending and are presented for examination.
Response to Arguments
Applicant’s arguments, see Pages 5-9, filed February 13, 2026, with respect to the rejection(s) of claim(s) 1-2 and 4-7 under 35 U.S.C. 102 and/or 103 have been fully considered and are persuasive, except for the arguments cornering a predetermined operation tool that is operated independently of the plurality of operation levers, where the determination of the attachment contacting the slope during the turning of the upper turning body occurs while the predetermined operation tool is being operated. It is noted that Yamamoto discloses of a predetermined operation tool in at least Para 0060 where “If the shovel 100 includes the automatic operation function, the controller 30 may use the above-describe operation control valve to implement the automatic operation function of the shovel 100. Specifically, the controller 30 may output a control command, corresponding to the movement of a hydraulic actuator, to the operation control valve regardless of an operation by the operator. As a result, a pilot pressure corresponding to the movement of the hydraulic actuator in accordance with the automatic operation function is supplied from the operation control valve to the control valve 17. Accordingly, the control valve 17 can implement the movement of each of the hydraulic actuators in accordance with the automatic operation function.” This is additionally disclosed in at least Para 0040, where it is noted that an automated operation of the vehicle can be performed independently from the operation of the operator. Additionally, the determination of the contact of a slope when the upper body is turning can be determined during an automatic mode (in addition to a manual mode), where the unexpected uses can be determined in an automatic mode, as disclosed within at least Para 0145 as “For example, combination patterns of unexpected uses to be detected may be prepared for respective equipment specifications of the shovel 100. This is because a plurality of shovels 100 may include different equipment, and unexpected uses that are likely to occur may differ for each equipment specification. For example, an equipment specification of the shovel 100 may include whether or not the surroundings monitoring function is included, whether or not an automatic operation function is included, the type of the automatic operation function (the semi-automatic operation function, the fully automatic operation function, the autonomous operation function, or the like), and the type of the end attachment. The equipment specification of the shovel 100 is often determined at the time of manufacturing. Therefore, unexpected uses included in a combination pattern associated with the equipment specification of the shovel 100 may be automatically set beforehand. Further, equipment such as the end attachment may be replaced with another equipment in accordance with the work content. Therefore; the controller 30 may automatically set the unexpected uses included in the combination pattern associated with the equipment specification of the shovel 100. In this case, the current state of added or replaced equipment (such as the type of the currently attached end attachment) may be input by the operator on a predetermined movement screen of the display device 50 through the input device 54.” Additionally, this is disclosed in at least Para 0100 where “Further, for example, upon detecting a monitoring target, the surroundings monitoring control unit 301 outputs a warning to the interior or the exterior of the cabin 10 by using an audible method (such as outputting a sound from the sound output device 52) or using a visual method (such as displaying a predetermined image on the display device 50). Further, upon detecting a monitoring target, the surroundings monitoring control unit 301 may restrict movements of various operational elements (such as the lower traveling body 1, the upper turning body 3, and the attachment) of the shovel 100. In this case, the surroundings monitoring control unit 301 may restrict (stop) the movement of the shovel 100 by controlling a gate lock valve provided in the pilot line 25 between the pilot pump 15 and the operation device 26 such that the pilot line is in a non-communication state. Further, the surroundings monitoring control unit 301 may restrict the movement of the shovel 100 by controlling a pressure reducing valve provided in a pilot line on the secondary side of the operation device 26 such that a pilot pressure corresponding to the operation state of the operation device 26 is reduced and acts on the control valve 17.” It is noted that the surroundings monitoring control unit is active at the same time as the automatic control function, where the surroundings monitoring control unit restricts the movement of the shovel in response to a monitoring target being detected. There is additionally disclosure of these features within at least Para 0065, 0089, 0228 and 0060. These claim limitations have been fully disclosed, however the Yamamoto does not specifically disclose of the slope being at least a slanting surface to be formed by the shovel or a slanting surface already formed by the shovel, and therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Izumikawa (US 20220010521; already of record).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4-5, 7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 20210246626; hereinafter Yamamoto; already of record) in view of Izumikawa (US 20220010521; already of record).
In regards to claim 1, Yamamoto discloses of a shovel (“A shovel includes at least one of an orientation information obtaining apparatus configured to obtain information related to an orientation state of the shovel, a movement information obtaining apparatus configured to obtain information related to a movement state of the shovel, and an input information obtaining apparatus configured to obtain information related to an input state from an operator into the shovel. Further, the shovel includes a memory, and a processor coupled to the memory and configured to obtain information related to a predetermined movement of the shovel based on an output from at least one of the orientation information obtaining apparatus, the movement information obtaining apparatus, and the input information obtaining apparatus, and detect the predetermined movement or transmit the information related to the predetermined movement to an external apparatus.” (Abstract)), comprising:
a lower traveling body (“The shovel 100 includes a lower traveling body 1, an upper turning body 3 pivotably (turnably) attached to the lower traveling body 1 through a turning mechanism 2, a boom 4, an arm 5, a bucket 6, and a cabin 10. The boom 4, the arm 5, and the bucket 6 serve as an attachment.” (Para 0029));
an upper turning body turnably mounted on the lower traveling body (“The shovel 100 includes a lower traveling body 1, an upper turning body 3 pivotably (turnably) attached to the lower traveling body 1 through a turning mechanism 2, a boom 4, an arm 5, a bucket 6, and a cabin 10. The boom 4, the arm 5, and the bucket 6 serve as an attachment.” (Para 0029));
an attachment attached to the upper turning body (“The shovel 100 includes a lower traveling body 1, an upper turning body 3 pivotably (turnably) attached to the lower traveling body 1 through a turning mechanism 2, a boom 4, an arm 5, a bucket 6, and a cabin 10. The boom 4, the arm 5, and the bucket 6 serve as an attachment.” (Para 0029), see also Fig 1);
a plurality of operation levers configured to operate the lower traveling body, the upper turning body, and the attachment (“The operation device 26 is provided in the vicinity of the operator's seat in the cabin 10, and allows the operator to perform operations of operational elements (such as the lower traveling body 1, the upper turning body 3, the boom 4, the arm 5, and the bucket 6). In other words, the operation device 26 is an operation unit configured to operate the hydraulic actuators (such as the traveling hydraulic motors 1A and 1B, the turning hydraulic motor 2A, the boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9) that drive the respective operational elements. The operation device 26 includes, for example, a lever, a pedal, and the like.” (Para 0056));
a predetermined operation tool configured to be operated independent of the plurality of operation levers (“If the shovel 100 includes the automatic operation function, the controller 30 may use the above-describe operation control valve to implement the automatic operation function of the shovel 100. Specifically, the controller 30 may output a control command, corresponding to the movement of a hydraulic actuator, to the operation control valve regardless of an operation by the operator. As a result, a pilot pressure corresponding to the movement of the hydraulic actuator in accordance with the automatic operation function is supplied from the operation control valve to the control valve 17. Accordingly, the control valve 17 can implement the movement of each of the hydraulic actuators in accordance with the automatic operation function.” (Para 0060), see also Para 0040);
a posture detection device configured to detect a posture of the attachment (“For example, the state detecting device 42 obtains detection information related to the orientation state of the shovel 100. Specifically, the state detecting device 42 may include a body orientation sensor that outputs detection information related to the orientation state of a body (such as the upper turning body 3) of the shovel 100. For example, the body orientation sensor may output detection information related to a tilt state and a turning angle around the front-rear axis and a tilt state and a turning angle around the left-right axis of the upper turning body 3. More specifically, the body orientation sensor may include a rotary encoder provided at the turning axis of the upper turning body 3, and include an acceleration sensor, an angular velocity sensor, a 6-axis sensor, and an inertial measurement unit (IMU) attached to any positions of the upper turning body 3. Further, the state detecting device 42 may include an attachment orientation sensor that obtains detection information related to the orientation state of the attachment. The attachment orientation sensor may include a boom orientation sensor, an arm orientation sensor, and a bucket orientation sensor that output detection information related to the elevation angle of the boom 4 relative to the upper turning body 3 (hereinafter referred to as a “boom angle”), the elevation angle of the arm 5 relative to the boom 4 (hereinafter referred to as an “arm angle”), and the elevation angle of the bucket 6 relative to the arm 5 (hereinafter referred to as a “bucket angle”). More specifically, each of the boom orientation sensor, the arm orientation sensor, and the bucket orientation sensor may include a rotary encoder attached to a joint of links of the attachment, and include an acceleration sensor, an angular velocity sensor, a 6-axis sensor, and an IMU attached to links of the attachment.” (Para 0074)); and
processing circuitry configured to determine, based on position information of a slope and a posture of the attachment, whether the attachment contacts the slope during turning of the upper turning body, while the predetermined operation tool is being operated, (“Further, for example, the surrounding environment information obtaining device 44 obtains detailed information related to surrounding conditions of the shovel 100 (hereinafter referred to as “detailed information of surrounding conditions”). Specifically, the surrounding environment information obtaining device 44 may obtain an image (image information) representing surrounding conditions of the shovel 100 from a camera such as the image capturing device 40 attached to the shovel 100. The surrounding environment information obtaining device 44 may obtain information related to a three-dimensional topography (hereinafter referred to as “topographic information”) in the vicinity of the shovel 100. In this case, the surrounding environment information obtaining device 44 includes a distance sensor such as a camera, a millimeter-wave radar, or a LIDAR, and obtains topographic information in the vicinity of the shovel 100 based on an image output from the distance sensor. In this case, the surrounding environment information obtaining device 44 is connected to the communication network NW through the communication device 60, and obtains topographic information at a work site of the shovel 100 from a management server for computer-aided construction at the work site. The surrounding environment information obtaining device 44 may obtain information related to surroundings monitoring control (hereinafter referred to as “surroundings monitoring control information”), which will be described later. In this case, the surrounding environment information obtaining device 44 obtains an activation state of a surroundings monitoring control function (including information as to whether the surroundings monitoring control function is included or is turned on/off) and detection information of a monitoring target.” (Para 0089), “Further, for example, upon detecting a monitoring target, the surroundings monitoring control unit 301 outputs a warning to the interior or the exterior of the cabin 10 by using an audible method (such as outputting a sound from the sound output device 52) or using a visual method (such as displaying a predetermined image on the display device 50). Further, upon detecting a monitoring target, the surroundings monitoring control unit 301 may restrict movements of various operational elements (such as the lower traveling body 1, the upper turning body 3, and the attachment) of the shovel 100. In this case, the surroundings monitoring control unit 301 may restrict (stop) the movement of the shovel 100 by controlling a gate lock valve provided in the pilot line 25 between the pilot pump 15 and the operation device 26 such that the pilot line is in a non-communication state. Further, the surroundings monitoring control unit 301 may restrict the movement of the shovel 100 by controlling a pressure reducing valve provided in a pilot line on the secondary side of the operation device 26 such that a pilot pressure corresponding to the operation state of the operation device 26 is reduced and acts on the control valve 17.” (Para 0100), “For example, the controller 30 monitors the entry of a predetermined monitoring target (hereinafter simply referred to as a “monitoring target”) into a range relatively close to the shovel 100 (hereinafter referred to as a “monitoring area”) based on an image of an area surrounding the shovel 100 captured by the image capturing device 40. Examples of the monitoring target include not only persons such as workers and supervisors at a work site, but also any objects such as moving objects (e.g., work vehicles) and stationary objects (e.g., stationary materials and terrain obstacles such as rocks).” (Para 0065), “For example, combination patterns of unexpected uses to be detected may be prepared for respective equipment specifications of the shovel 100. This is because a plurality of shovels 100 may include different equipment, and unexpected uses that are likely to occur may differ for each equipment specification. For example, an equipment specification of the shovel 100 may include whether or not the surroundings monitoring function is included, whether or not an automatic operation function is included, the type of the automatic operation function (the semi-automatic operation function, the fully automatic operation function, the autonomous operation function, or the like), and the type of the end attachment. The equipment specification of the shovel 100 is often determined at the time of manufacturing. Therefore, unexpected uses included in a combination pattern associated with the equipment specification of the shovel 100 may be automatically set beforehand. Further, equipment such as the end attachment may be replaced with another equipment in accordance with the work content. Therefore; the controller 30 may automatically set the unexpected uses included in the combination pattern associated with the equipment specification of the shovel 100. In this case, the current state of added or replaced equipment (such as the type of the currently attached end attachment) may be input by the operator on a predetermined movement screen of the display device 50 through the input device 54.” “ (Para 0145), see also Para 0064, 0060, and 0228; wherein stationary objects/rocks have a slope).
However, Yamamoto does not fully disclose of the slope being at least one of a slanting surface to be formed by the shovel or a slanting surface already formed by the shovel.
Izumikawa, in the same field of endeavor, teaches of the slope being at least one of a slanting surface to be formed by the shovel or a slanting surface already formed by the shovel (“In light of the above, the machine guidance device 50 controls the travel of the shovel 100 during each stroke by appropriately arranging the virtual planes PS, such that the amount of soil loaded into the slope bucket 6A during a single stroke does not exceed the capacity of the slope bucket 6A. Specifically, as illustrated in FIG. 8, the machine guidance device 50 forcibly stops the travel of the shovel 100 when the shovel center point CP reaches a virtual plane PS. As a result, as illustrated in FIG. 9B, the upper turning body 3 can be positioned such that a slope area contacted by the slope bucket 6A during the current stroke overlaps with a slope area contacted by the slope bucket 6A during the previous stroke by the predetermined width W2.” (Para 0202) and “With the above-described configuration, the movement of the shovel 100 during slope forming work or leveling work can be assisted. As illustrated in FIG. 8, the shovel 100 can position the upper turning body 3 such that a slope area contacted by the slope bucket 6A during the current stroke overlaps with a slope area contacted by the slope bucket 6A during the previous stroke by the predetermined width W2 during slope excavation work. Therefore, as described above with reference to FIG. 9A through FIG. 9D, the shovel 100 can prevent soil from falling out of the slope bucket 6A and being accumulated in the area CS, which is an already-finished slope area. In this case, the operator is not required to move the shovel 100 to the −X side and remove the soil accumulated in the area CS with an additional stroke of the excavation attachment. Accordingly, the shovel 100 can improve the work efficiency of slope forming work.” (Para 0303)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the slope, as taught by Yamamoto, to include being a slanting surface to be formed by the shovel or a slanting surface already formed by the shovel, as taught by Izumikawa, with a reasonable expectation of success in order to improve the efficiency of the slope forming work (Izumikawa Para 0303).
In regards to claim 2, Yamamoto in view of Izumikawa teaches of the shovel according to claim 1, further comprising:
a turning actuator configured to turn the upper turning body (“As described above, a hydraulic drive system of the shovel 100 according to the present embodiment includes an engine 11, the traveling hydraulic motors 1A and 1B, the turning hydraulic motor 2A, the boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9, which hydraulically drive the lower traveling body 1, the upper turning body 3, the boom 4, the arm 5, and the bucket 6, respectively. In the following, some or all of the traveling hydraulic motors 1A and 1B, the turning hydraulic motor 2A, the boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9 may be referred to as “hydraulic actuators” for convenience. Further, the hydraulic drive system of the shovel 100 according to the present embodiment includes an engine 11, a main pump 14, and a control valve 17.” (Yamamoto Para 0050), see also Yamamoto Para 0100),
wherein the processing circuitry is configured to upon determining that the attachment contacts the slope during the turning of the upper turning body, control the turning actuator in such a manner as to prevent the attachment from contacting the slope during the turning of the upper turning body (“Further, for example, the surrounding environment information obtaining device 44 obtains detailed information related to surrounding conditions of the shovel 100 (hereinafter referred to as “detailed information of surrounding conditions”). Specifically, the surrounding environment information obtaining device 44 may obtain an image (image information) representing surrounding conditions of the shovel 100 from a camera such as the image capturing device 40 attached to the shovel 100. The surrounding environment information obtaining device 44 may obtain information related to a three-dimensional topography (hereinafter referred to as “topographic information”) in the vicinity of the shovel 100. In this case, the surrounding environment information obtaining device 44 includes a distance sensor such as a camera, a millimeter-wave radar, or a LIDAR, and obtains topographic information in the vicinity of the shovel 100 based on an image output from the distance sensor. In this case, the surrounding environment information obtaining device 44 is connected to the communication network NW through the communication device 60, and obtains topographic information at a work site of the shovel 100 from a management server for computer-aided construction at the work site. The surrounding environment information obtaining device 44 may obtain information related to surroundings monitoring control (hereinafter referred to as “surroundings monitoring control information”), which will be described later. In this case, the surrounding environment information obtaining device 44 obtains an activation state of a surroundings monitoring control function (including information as to whether the surroundings monitoring control function is included or is turned on/off) and detection information of a monitoring target.” (Yamamoto Para 0089), “Further, for example, upon detecting a monitoring target, the surroundings monitoring control unit 301 outputs a warning to the interior or the exterior of the cabin 10 by using an audible method (such as outputting a sound from the sound output device 52) or using a visual method (such as displaying a predetermined image on the display device 50). Further, upon detecting a monitoring target, the surroundings monitoring control unit 301 may restrict movements of various operational elements (such as the lower traveling body 1, the upper turning body 3, and the attachment) of the shovel 100. In this case, the surroundings monitoring control unit 301 may restrict (stop) the movement of the shovel 100 by controlling a gate lock valve provided in the pilot line 25 between the pilot pump 15 and the operation device 26 such that the pilot line is in a non-communication state. Further, the surroundings monitoring control unit 301 may restrict the movement of the shovel 100 by controlling a pressure reducing valve provided in a pilot line on the secondary side of the operation device 26 such that a pilot pressure corresponding to the operation state of the operation device 26 is reduced and acts on the control valve 17.” (Yamamoto Para 0100), “For example, the controller 30 monitors the entry of a predetermined monitoring target (hereinafter simply referred to as a “monitoring target”) into a range relatively close to the shovel 100 (hereinafter referred to as a “monitoring area”) based on an image of an area surrounding the shovel 100 captured by the image capturing device 40. Examples of the monitoring target include not only persons such as workers and supervisors at a work site, but also any objects such as moving objects (e.g., work vehicles) and stationary objects (e.g., stationary materials and terrain obstacles such as rocks” (Yamamoto Para 0065)).
In regards to claim 4, Yamamoto in view of Izumikawa teaches of the shovel according to claim 1, wherein
the attachment includes a bucket (“The boom 4 is pivotably attached to the front center of the upper turning body 3 such that the boom 4 can be raised and lowered, the arm 5 is pivotably attached to the distal end of the boom 4 such that the arm 5 can be turned upward and downward, and the bucket 6 is pivotably attached to the end of the arm 5 such that the bucket 6 can be turned upward and downward. The boom 4, the arm 5, and the bucket 6 are hydraulically driven by a boom cylinder 7, an arm cylinder 8, and a bucket cylinder 9, respectively. The boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9 serve as hydraulic actuators.” (Yamamoto Para 0032), see also Fig 1), and
the processing circuitry is configured to, during the turning of the upper turning body, move a predetermined portion of the bucket along the slope in response to an operation by an operator on an operation lever configured to operate the attachment, among the plurality of operation levers (“The boom 4 is pivotably attached to the front center of the upper turning body 3 such that the boom 4 can be raised and lowered, the arm 5 is pivotably attached to the distal end of the boom 4 such that the arm 5 can be turned upward and downward, and the bucket 6 is pivotably attached to the end of the arm 5 such that the bucket 6 can be turned upward and downward. The boom 4, the arm 5, and the bucket 6 are hydraulically driven by a boom cylinder 7, an arm cylinder 8, and a bucket cylinder 9, respectively. The boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9 serve as hydraulic actuators.” (Yamamoto Para 0032), “The shovel 100 drives driving elements such as the lower traveling body 1, the upper turning body 3, the boom 4, the arm 5, and the bucket 6 by operating actuators in accordance with the operation performed by the operator in the cabin 10.” (Yamamoto Para 0037), “The operation device 26 is provided in the vicinity of the operator's seat in the cabin 10, and allows the operator to perform operations of operational elements (such as the lower traveling body 1, the upper turning body 3, the boom 4, the arm 5, and the bucket 6). In other words, the operation device 26 is an operation unit configured to operate the hydraulic actuators (such as the traveling hydraulic motors 1A and 1B, the turning hydraulic motor 2A, the boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9) that drive the respective operational elements. The operation device 26 includes, for example, a lever, a pedal, and the like.” (Yamamoto Para 0056) see also Yamamoto Para 0168-0169).
In regards to claim 5, Yamamoto discloses of the shovel according to claim 4, further comprising:
a turning actuator configured to turn the upper turning body (“As described above, a hydraulic drive system of the shovel 100 according to the present embodiment includes an engine 11, the traveling hydraulic motors 1A and 1B, the turning hydraulic motor 2A, the boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9, which hydraulically drive the lower traveling body 1, the upper turning body 3, the boom 4, the arm 5, and the bucket 6, respectively. In the following, some or all of the traveling hydraulic motors 1A and 1B, the turning hydraulic motor 2A, the boom cylinder 7, the arm cylinder 8, and the bucket cylinder 9 may be referred to as “hydraulic actuators” for convenience. Further, the hydraulic drive system of the shovel 100 according to the present embodiment includes an engine 11, a main pump 14, and a control valve 17.” (Para 0050), see also Para 0100).
However, Yamamoto does not specifically disclose of wherein, the processing circuitry is configured to stop the turning actuator upon the upper turning body facing the slope.
Izumikawa, in the same field of endeavor, teaches of wherein, the processing circuitry is configured to stop the turning actuator upon the upper turning body facing the slope (“The automatic control part 54, for example, sets the turning angle formed when the attachment operation plane AF and the intended work surface (upward slope BS) are perpendicular to each other, as the target angle. The automatic control part 54 detects the current turning angle based on the output of the positioning device P1 or the like, and calculates a difference between the target angle and the current turning angle (detected value). The automatic control part 54 operates the turning hydraulic motor 2A such that the difference is less than or equal to a predetermined value or is zero. Specifically, when the difference between the target angle and the current turning angle is less than or equal to the predetermined value or is zero, automatic control part 54 determines that the upper turning body 3 front-faces the intended work surface. When the turning operating lever is operated while the predetermined switch is pressed, the automatic control part 54 determines whether the turning operating lever is operated in a direction in which the upper turning body 3 front-faces the intended work surface. For example, when the turning operating lever is operated in a direction in which the difference between the target angle and the current turning angle increases, the automatic control part 54 does not perform the front-facing control. When the turning operation lever is operated in a direction in which the difference between the target angle and the current turning angle decreases, the automatic control part 54 performs the front-facing control. In this manner, the turning hydraulic motor 2A can be operated such that the difference between the target angle and the current turning angle is reduced. Then, the automatic control part 54 stops the turning hydraulic motor 2A when the difference between the target angle and the current turning angle is less than or equal to the predetermined value or is zero.” (Para 0183)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the upper body facing the slope, as taught by Yamamoto, to include stopping the turning actuator upon facing the slope, as taught by Izumikawa, with a reasonable expectation of success in order to assist with the movement of the shovel during finishing work (Izumikawa Para 0083 and 0183).
In regards to claim 7, Yamamoto in view of Izumikawa teaches of the shovel according to claim 2, wherein
the processing circuitry is configured to inform an operator that the turning actuator is controlled in such a manner as to prevent the attachment from contacting the slope during the turning of the upper turning body (“Further, the unexpected use warning unit 303 may notify (warn) either the operator of the shovel 100 or the workers in the vicinity of the shovel 100 that the unexpected use is detected. Further, if the unexpected use determining unit 302 detects any unexpected use of the shovel 100, the controller 30 may restrict the movement of the shovel 100 instead of or in addition to notifying (warning) the operator of the shovel 100 and the workers around the shovel 100. Accordingly, the unexpected use of the shovel 100 can be restricted, and also the operator of the shovel 100 and the workers around the shovel 100 can be alerted of the unexpected use.” (Yamamoto Para 0152), “Further, for example, upon detecting a monitoring target, the surroundings monitoring control unit 301 outputs a warning to the interior or the exterior of the cabin 10 by using an audible method (such as outputting a sound from the sound output device 52) or using a visual method (such as displaying a predetermined image on the display device 50). Further, upon detecting a monitoring target, the surroundings monitoring control unit 301 may restrict movements of various operational elements (such as the lower traveling body 1, the upper turning body 3, and the attachment) of the shovel 100. In this case, the surroundings monitoring control unit 301 may restrict (stop) the movement of the shovel 100 by controlling a gate lock valve provided in the pilot line 25 between the pilot pump 15 and the operation device 26 such that the pilot line is in a non-communication state. Further, the surroundings monitoring control unit 301 may restrict the movement of the shovel 100 by controlling a pressure reducing valve provided in a pilot line on the secondary side of the operation device 26 such that a pilot pressure corresponding to the operation state of the operation device 26 is reduced and acts on the control valve 17.” (Yamamoto Para 0100)).
In regards to claim 9, Yamamoto in view of Izumikawa teaches of the shovel according to claim 1, wherein the processing circuitry is configured to determine whether the attachment contacts the slope during the turning of the upper turning body to be performed, while the predetermined operation tool is being operated before performing the turning of the upper turning body (“If the shovel 100 includes the automatic operation function, the controller 30 may use the above-describe operation control valve to implement the automatic operation function of the shovel 100. Specifically, the controller 30 may output a control command, corresponding to the movement of a hydraulic actuator, to the operation control valve regardless of an operation by the operator. As a result, a pilot pressure corresponding to the movement of the hydraulic actuator in accordance with the automatic operation function is supplied from the operation control valve to the control valve 17. Accordingly, the control valve 17 can implement the movement of each of the hydraulic actuators in accordance with the automatic operation function.” (Yamamoto Para 0060), “For example, combination patterns of unexpected uses to be detected may be prepared for respective equipment specifications of the shovel 100. This is because a plurality of shovels 100 may include different equipment, and unexpected uses that are likely to occur may differ for each equipment specification. For example, an equipment specification of the shovel 100 may include whether or not the surroundings monitoring function is included, whether or not an automatic operation function is included, the type of the automatic operation function (the semi-automatic operation function, the fully automatic operation function, the autonomous operation function, or the like), and the type of the end attachment. The equipment specification of the shovel 100 is often determined at the time of manufacturing. Therefore, unexpected uses included in a combination pattern associated with the equipment specification of the shovel 100 may be automatically set beforehand. Further, equipment such as the end attachment may be replaced with another equipment in accordance with the work content. Therefore; the controller 30 may automatically set the unexpected uses included in the combination pattern associated with the equipment specification of the shovel 100. In this case, the current state of added or replaced equipment (such as the type of the currently attached end attachment) may be input by the operator on a predetermined movement screen of the display device 50 through the input device 54.” (Yamamoto Para 0145), “Further, for example, upon detecting a monitoring target, the surroundings monitoring control unit 301 outputs a warning to the interior or the exterior of the cabin 10 by using an audible method (such as outputting a sound from the sound output device 52) or using a visual method (such as displaying a predetermined image on the display device 50). Further, upon detecting a monitoring target, the surroundings monitoring control unit 301 may restrict movements of various operational elements (such as the lower traveling body 1, the upper turning body 3, and the attachment) of the shovel 100. In this case, the surroundings monitoring control unit 301 may restrict (stop) the movement of the shovel 100 by controlling a gate lock valve provided in the pilot line 25 between the pilot pump 15 and the operation device 26 such that the pilot line is in a non-communication state. Further, the surroundings monitoring control unit 301 may restrict the movement of the shovel 100 by controlling a pressure reducing valve provided in a pilot line on the secondary side of the operation device 26 such that a pilot pressure corresponding to the operation state of the operation device 26 is reduced and acts on the control valve 17.” (Yamamoto Para 0100), see also Yamamoto Para 0108, 0228, and 0040).
Allowable Subject Matter
Claim 6 is 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.
Claim 10 is allowed.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claim 6, the claim was indicated as allowable subject matter in the Non-Final rejection of November 17, 2025. No new relevant references that fully teach of the claim has been found in an updated search, therefore the claim remains allowable subject matter. The reasons previously recited for indicating allowable subject matter have been repeated below:
In regards to claim 6, the closest prior art of record is Yamamoto (US 20210246626; hereinafter Yamamoto) in view of Izumikawa (US 20220010521) in view of Nishi (US 20220010526). Yamamoto in view of Izumikawa teaches of the shovel according to claim 5 further comprising:
an attachment actuator configured to move the attachment,
However, Yamamoto in view of Izumikawa does not specifically teach of wherein the processing circuitry is configured to stop the attachment actuator upon the upper turning body facing the slope. It is noted that the prior art teaches of restricting movement of a upper turning body upon facing a slope. The prior art additionally teaches of adjusting the movement of a bucket while traveling up a slope to prevent the bucket from contacting the slope, but this does not require that this occurs upon the upper turning body facing the slope or that the attachment actuator is fully stopped. However, the prior art does not fully teach of stopping an attachment actuator when the upper turning body is facing a slope, in combination with the remaining claim limitations. Therefore the claim contains allowable subject matter.
In regards to claim 10, the claim recites analogous limitations to claim 6 and the intervening claims and is therefore allowable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Mon-Fri 8:00-4:30.
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/KYLE J KINGSLAND/ Primary Examiner, Art Unit 3663