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 is a non-final Office Action on the merits in response to communications filed by Applicant on May 28, 2024. Claims 1-20 are currently pending and examined below.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on is/are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). Figure 2 and Figure 3 fail to show the descriptions as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
an electronic control unit for controlling operations in claim 1 and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-11, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Prendergast et al. US2022/0312694 (“Prendergast”) in view of Pellymonter US2010/0071520 (“Pellymonter”).
Regarding claim(s) 1, 18. Prendergast discloses a method for controlling a forest harvester, wherein the forest harvester includes: a wheeled frame; an IC engine; an articulated boom supported on the frame; a harvester head suspended from the end of the boom and for processing tree stems of felled trees; and control electronics including an engine control unit (Fig. 1-3, Abstract, A power control system for a forestry machine may include an engine control module and a pump control module. The engine control module may be configured to control an engine speed of an engine of the forestry machine.), an electronic control unit for controlling operations carried out by the harvester head, and
a processing power control system with predetermined power levels, each power level offering a specific level of power delivered by the engine during the operations ([0014] Power control systems and methods for forestry machines according to the present disclosure are configured to automatically activate a power increase without requiring the operator to activate a separate button or switch. For example, the power increase may be activated in response to one or more selected functions (i.e., one of a subset of all possible functions performed by the machine, which may be referred to herein as “high pressure functions”) being activated and a pressure (e.g., a pressure of a pump associated with the task being performed) reaching a predetermined setpoint or threshold.); and
wherein the method comprises: applying one of the predetermined power levels when carrying out an operation relating to one of the tree stems and being performed by the harvested head and resulting to a changing load on the engine ([0019-0021] The power increase may be activated in response to a selected one of the actuators 128 being activated and a pressure (e.g., a hydraulic pressure of a pump associated with the task being performed) reaching a predetermined setpoint or threshold.);
measuring, when carrying out the operation, rotational speed of the engine with the help of one or more sensors that collect data indicative of the rotational speed of the engine and are operatively connected to the control electronics ([0019-0020] Selected ones of the actuators 128 (i.e., a predetermined subset of all of the actuators 128) are configured to activate a power increase (e.g., an engine speed and associated hydraulic pressure increase) without requiring the operator to activate a separate actuator as described below in more detail. The selected ones of the actuators 128 may correspond to predetermined forestry functions or attachments that may potentially require a power increase to complete associated tasks (i.e., high pressure functions).);
automatically determining, in the control electronics, a relative or absolute difference between the measured rotational speed of the engine and a predetermined guideline for the rotational speed of the engine, the guideline defining a preferred rotational speed or a range of preferred rotational speeds for the operation that is being carried out ([0028-0030], , to trigger the power increase, the pump control module 208 outputs a signal to the engine control module 212 indicating a request for the power increase and the engine control module 212 increases the maximum engine speed accordingly. In other words, during the power increase, the engine control module 212 allows the engine 224 to reach a higher maximum engine speed and power output (e.g., a maximum engine speed increase of 100-500 rpm and a power output increase of 10-50 horsepower). The pump control module 208 further increases a maximum pump pressure of one or more of the pumps 236 (e.g., by 100-500 psi).); and
Prendergast does not explicitly disclose:
automatically notifying by the control electronics an operator of the forest harvester that the determined difference either follows the guideline or deviates from the guideline.
Pellymonter teaches another forestry machine that automatically notifying by the control electronics an operator of the forest harvester that the determined difference either follows the guideline or deviates from the guideline (Fig. 6A-6E, [0048-0053] the controller 56 outputs a display signal commanding the display 58 to display the screen 58d in response to selection of the "Threshold" item in screen 58c. The display 58 displays the screen 58d in response to receipt of that display signal. Screen 58d contains instructions for changing the saw speed displayed (i.e., the display saw speed) and selecting the display saw speed as the speed readiness threshold. Pressing the next button 59c advances the display 58 to a prompt screen 58e of FIG. 6E. ).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify the system and method of Prendergast by incorporating the applied teaching of Pellymonter to improve human-machine interfacing and one of ordinary skill before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Regarding claim(s) 2. Prendergast in view of Pellymonter further teaches wherein the notifying step includes at least one option from the following list including: (i) informing the operator that the determined difference follows the guideline and change of the power level being applied is not required; (ii) informing the operator that the determined difference deviates from the guideline and change of the power level being applied is recommended; (iii) informing the operator that the determined difference exceeds the guideline and change of the power level being applied is recommended; and (iv) informing the operator that the determined difference is less than the guideline and change of the power level being applied is recommended (Pellymonter: [0048] Referring to FIG. 6D, the controller 56 outputs a display signal commanding the display 58 to display the screen 58d in response to selection of the "Threshold" item in screen 58c. The display 58 displays the screen 58d in response to receipt of that display signal.).
Regarding claim(s) 3, 19. Prendergast in view of Pellymonter further teaches recommending, by the control electronics after the determining step, another one of the predetermined power levels to be applied (Prendergast: [0020] For example only, as described herein, the tasks that may trigger the power increase include, but are not limited to, a main saw of the harvester head 104, feed forward and feed reverse functions (e.g., feed rollers) of the harvester head 104, and a topping saw or blade of the harvester head 104.).
Regarding claim(s) 4. Prendergast in view of Pellymonter further teaches enabling or disabling, by the operator, the control electronics to automatically select the recommended power level and change the power level that is being currently applied (Prendergast: [0020] For example only, as described herein, the tasks that may trigger the power increase include, but are not limited to, a main saw of the harvester head 104, feed forward and feed reverse functions (e.g., feed rollers) of the harvester head 104, and a topping saw or blade of the harvester head 104.).
Regarding claim(s) 5. Prendergast in view of Pellymonter further teaches selecting, by the operator, another one of the predetermined power levels to be applied and changing, by the operator, the currently applied power level with the help of the control electronics ([0020] The power increase may be activated in response to a selected one of the actuators 128 being activated and a pressure (e.g., a hydraulic pressure of a pump associated with the task being performed) reaching a predetermined setpoint or threshold.).
Regarding claim(s) 6. Prendergast in view of Pellymonter further teaches the method further comprising: applying the selected power level when repeating the carrying out of the operation ([0020] The power increase may be activated in response to a selected one of the actuators 128 being activated and a pressure (e.g., a hydraulic pressure of a pump associated with the task being performed) reaching a predetermined setpoint or threshold.).
Regarding claim(s) 7. Prendergast in view of Pellymonter further teaches wherein the operation includes holding a tree stem of a felled tree in the harvester head, feeding the tree stem through the harvester head, and stopping and crosscutting the tree stem in the harvester head ([0015]. The harvester 100 includes a harvester head 104 configured to perform multiple forestry functions. For example, the harvester 100 may include multiple attachments including, but not limited to, front gripping knives or arms configured to grasp trees, a main saw, one or more secondary saws (e.g., a topping saw or blade), delimbing arms and blades, and feed rollers configured to grasp a tree trunk and roll (i.e., rotate) in forward and reverse directions to feed the tree through the harvester head 104.).
Regarding claim(s) 8. Prendergast in view of Pellymonter further teaches wherein the guideline defines one or more threshold values or an optimum range for the rotational speed for carrying out the operation ([0015] Referring now to FIGS. 1A and 1B, an example forestry machine (e.g., a harvester 100) configured to implement a power control system according to the present disclosure is shown. Although shown as a harvester, the principles of the present disclosure may also be applied to other forestry machines, such as a feller buncher, road building machines, etc. The harvester 100 includes a harvester head 104 configured to perform multiple forestry functions. For example, the harvester 100 may include multiple attachments including, but not limited to, front gripping knives or arms configured to grasp trees, a main saw, one or more secondary saws (e.g., a topping saw or blade), delimbing arms and blades, and feed rollers configured to grasp a tree trunk and roll (i.e., rotate) in forward and reverse directions to feed the tree through the harvester head 104.).
Regarding claim(s) 9. Prendergast in view of Pellymonter further teaches, wherein the guideline defines the rotational speed for the operation being carried out with respect to one or more harvested material attributes describing the tree stem ([0015] Referring now to FIGS. 1A and 1B, an example forestry machine (e.g., a harvester 100) configured to implement a power control system according to the present disclosure is shown. Although shown as a harvester, the principles of the present disclosure may also be applied to other forestry machines, such as a feller buncher, road building machines, etc. The harvester 100 includes a harvester head 104 configured to perform multiple forestry functions. For example, the harvester 100 may include multiple attachments including, but not limited to, front gripping knives or arms configured to grasp trees, a main saw, one or more secondary saws (e.g., a topping saw or blade), delimbing arms and blades, and feed rollers configured to grasp a tree trunk and roll (i.e., rotate) in forward and reverse directions to feed the tree through the harvester head 104.).
Regarding claim(s) 10. Prendergast in view of Pellymonter further teaches herein the harvested material attribute includes at least one option from the following list including: (i) diameter of the tree stem; (ii) length of the tree stem; (iii) size of the tree stem; (iv) volume of the tree stem; and (v) species of the tree stem (Pellymonter: [0059] In another embodiment, the controller 56 may be configured to select the speed readiness threshold automatically dependent upon the timber conditions. In such a case, the memory 62 may have stored therein a look-up table or other representation of threshold selection criteria that selects an appropriate speed readiness threshold in response to input of one or more timber conditions (e.g., tree diameter) by the operator via, for example, the operator input device 59 or other input device (e.g., a keypad)).
Regarding claim(s) 11. Prendergast in view of Pellymonter further teaches wherein the notifying step includes: presenting the difference or an alarm concerning the difference or both the difference and the alarm to the operator in a perceivable manner with the help of the control electronics (Pellymonter: [0037] In another embodiment, the speed readiness indicator may have a single visual indicator in the form of a light bar with a plurality of vertically arranged, horizontally elongated lights. In such a case, the controller 56 signals one or more top lights so that they illuminate a first light color, such as green to indicate that the saw speed is at or above the speed readiness threshold. The controller 56 further signals one or more bottom lights so that they illuminate a second light color, such as amber, to indicate that saw speed is below the speed readiness threshold.).
Regarding claim(s) 13. Prendergast in view of Pellymonter further teaches wherein the determining step includes: representing the measured rotational speed of the engine as a speed droop in relation to a requested speed of the engine as set by the control electronics, and representing the guideline as an optimum range of speed droop for the rotational speed for carrying out the operation (Prendergast: [0020-0022] [0023] As engine speed increases, a hydraulic flow (and, correspondingly, hydraulic power) that can be provided by the hydraulic system 220 also increases. For example, one or more pumps (e.g., a front pump, a rear pump, etc.) 236 of the hydraulic system 220 operate in accordance with the engine speed. Accordingly, if the engine control module 212 increases (e.g., conditionally and temporarily increases) the maximum engine speed, a maximum power available to the attachment 228 via the hydraulic system 220 also increases.).
Regarding claim(s) 14. Prendergast in view of Pellymonter further teaches recommending, by the control electronics after the determining step, another one of the predetermined power levels to be applied (Prendergast: [0014] the power increase may be activated in response to one or more selected functions (i.e., one of a subset of all possible functions performed by the machine, which may be referred to herein as “high pressure functions”) being activated and a pressure (e.g., a pressure of a pump associated with the task being performed) reaching a predetermined setpoint or threshold.).
Regarding claim(s) 15. Prendergast in view of Pellymonter further teaches enabling or disabling, by the operator, the control electronics to automatically select the recommended power level and change the power level that is being currently applied (Prendergast: [0014] Power control systems and methods for forestry machines according to the present disclosure are configured to automatically activate a power increase without requiring the operator to activate a separate button or switch.).
Regarding claim(s) 16 Prendergast in view of Pellymonter further teaches selecting, by the operator, another one of the predetermined power levels to be applied and changing, by the operator, the currently applied power level with the help of the control electronics (Prendergast: [0024] The user interface 232 outputs control signals (e.g., attachment control signals) to the attachment control module 204 in response to inputs from the operator, and the attachment control module 204 controls the attachment 228. In some examples, the attachment control module 204 may be omitted and the user interface 232 outputs the control signals directly to the pump control module 208 and/or the engine control module 212, which in turn control the attachment 228.).
Regarding claim(s) 17. Prendergast in view of Pellymonter further teaches applying the selected power level when repeating the carrying out of the operation (Prendergast: [0024] The user interface 232 outputs control signals (e.g., attachment control signals) to the attachment control module 204 in response to inputs from the operator, and the attachment control module 204 controls the attachment 228. In some examples, the attachment control module 204 may be omitted and the user interface 232 outputs the control signals directly to the pump control module 208 and/or the engine control module 212, which in turn control the attachment 228.).
Regarding claim(s) 20. Prendergast in view of Pellymonter further teaches wherein the engine comprises a rotatable driveshaft with the help of which mechanical power is transmitted (Prendergast: fig:1 [0017] Referring now to FIGS. 1B and 1C and with continued reference to FIG. 1A, the operator controls the harvester head 104 and the boom and arm assembly 112 using controls such as control sticks 124-1 and 124-2, referred to collectively as control sticks 124. For example only, the control sticks 124-1 and 124-2 correspond to left and right control sticks, respectively. Each of the control sticks 124 includes a plurality of actuators (e.g., switches and buttons), such as a rocker switch or trigger 128-1, face buttons 128-2 (on respective faces 132 of the control sticks 124), side console buttons 128-3 (on respective side consoles 136), etc., referred to collectively as actuators 128.).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Prendergast et al. US2022/0312694 (“Prendergast”) in view of Pellymonter US2010/0071520 (“Pellymonter”) further in view of Erkkila et al. US2016/0123352 (“Erkkila”).
Regarding claim(s) 12. Prendergast in view of Pellymonter does not explicitly teaches:
performing the measuring step for a group of the tree stems; performing the automatic determining step for the group of tree stems; and automatically determining, in the control electronics, an average value or another representative value, for the relative or absolute differences determined for each tree stem of the group of tree stems.
Erkkila teaches another forest work unit that performing the measuring step for a group of the tree stems; performing the automatic determining step for the group of tree stems; and automatically determining, in the control electronics, an average value or another representative value, for the relative or absolute differences determined for each tree stem of the group of tree stems ([0026] FIG. 2 shows an actual measured power demand of a typical harvester-type forest work unit 1 from a primary power source 4, which is typically a diesel engine, as a function of time t[s] when handling normally-sized and average trees. The figure shows that a maximum P.sub.peak of power demand may typically be more than double as compared with an average power demand P.sub.av, and the power demand is highly varying. Conventionally, however, it has been compulsory to dimension the primary power source according to the maximum power consumption in order to ensure sufficient power also for the peak phases P.sub.peak in the power demand since too low a power compromises the efficiency of the process and the quality of the product.).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to further modify the combination system and method of Prendergast in view of Pellymonter by incorporating the applied teaching of Erkkila to ensure proper operation and efficiency of the process and one of ordinary skill before the effective filing date of the claimed invention would have recognized that the results of the combination would have been predictable.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUC M DO whose telephone number is (571)270-5962. The examiner can normally be reached on 9AM-6PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramón Mercado, Ph.D. can be reached on (571) 270-5744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUC M DO/Primary Examiner, Art Unit 3658
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