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 Claims
Claims 1-13 of U.S. Application No. 18/684,065 filed on 02/15/2024. Examiner filed a non-final office action on 08/13/2025.
Applicant remarks were filed on 11/12/2025. Claims 1-13 are presented and pending examination.
Response to Arguments
Regarding the claim rejections under 35 USC 103: Applicant's arguments filed 11/12/2025 with respect to Ikeda (US20210086831A1) in view of Andre et al . (US10856465B2) have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that the prior art fails to teach or suggest storing the neutral position “at least as a function of the data supplied by the first sensor (8)” and that the stored neutral position is always a factory value or comes only from the second (drive) sensor (9).
However, this argument is not persuasive, Andre expressly teaches a memory and a control unit configured to store the neutral position of the lever as a function of sensor data:
“The memory 219 may include computer-readable instructions that, when executed, e.g., by the processor 221, cause the EC 220 to perform various functions.” (Andre, col. 6, ll. 54-67)
Andre further discloses that the electronic controller uses data from multiple sensors — including a dedicated drive-lever neutral-position sensor — to store and update reference values automatically:
“These sensor(s)/switch(es) 223 may include … a drive lever 110 position (e.g., neutral) sensor … The signals from these sensors/switches 223 … may be utilized as inputs to other vehicle functions, e.g., they may operate as interlocks that must be satisfied before various mower operations begin.” (Andre, col. 6, ll. 38-53)
Ikeda already provides the claimed dual-sensor arrangement: a first sensor (8) that positively detects when the lever is in the mechanical inactive zone (YY) where further pivoting is physically prevented (Ikeda ¶¶ [0031], [0043]–[0044]), and a second sensor (9) that detects angular position (Ikeda ¶ [0034]).Using the reliable signal from Ikeda’s first sensor (8) as the trigger for Andre’s automatic storage routine (executed via the programmed instructions in memory 219) necessarily stores the neutral position “at least as a function of the data supplied by the first sensor,” exactly as claimed.
Applicant further argues that, the claimed calibration/storage is performed “unbeknownst to the driver” and that neither reference teaches this.
However, this argument is not persuasive, Andre teaches fully automatic, driver-transparent operation via the same programmed controller:
“The memory 219 may include computer-readable instructions that, when executed … cause the EC 220 to perform various functions.” (Andre, col. 6, ll. 54-67)
No dedicated calibration button or driver action is required; the controller monitors sensors and updates stored values in the background as part of normal operation.
Applicant further argues that, Andre’s stored value is merely a static factory neutral position.
However, this argument is not persuasive, Andre contemplates continuous use of an accurate, updated neutral reference for interlocks and safe operation throughout the vehicle’s life (Andre, col. 6, ll. 38-53). A static factory value would render the disclosed interlocks ineffective over time due to wear or drift. Therefore, the applicant’s arguments are not persuasive and the rejection is maintained.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ikeda (US20210086831A1) in view of Andre et al . (US10856465B2), hereinafter referred to as Ikeda and Andre respectively.
Regarding claims 1 and 7-12, Ikeda discloses A rolling vehicle comprising; a chassis equipped with at least one pair of drive wheels and a system controlling the rotational driving of the drive wheels of the or of at least one of the pairs of drive wheels , said control system having at least two motors and a control device for each motor , said motors being capable of allowing, for one, the rotational driving of one of the drive wheels , and for the other, the rotational driving of the other of the drive wheels of the pair of drive wheels (“FIGS. 1 and 2 each illustrate an electric mower as an example work vehicle. The electric mower includes a vehicle body 1, a pair of left and right front wheels 11,11, a pair of left and right rear wheels 12,12, a mower unit 2, and a battery housing part 3. The pair of left and right front wheels 11,11 are provided at a front portion of the vehicle body 1, whereas the pair of left and right rear wheels 12,12 are provided at a rear portion of the vehicle body 1. The mower unit 2 is supported at a lower portion of the vehicle body 1, between the pair of left and right front wheels 11,11 and the pair of left and right rear wheels 12,12 in the front-rear direction and between the left front and rear wheels 11 and 12 and the right front and rear wheels 11 and 12 in the left-right direction. The battery housing part 3 is supported at a rear portion of the vehicle body 1, between the pair of left and right rear wheels 12,12.” [0026]),
each control device having a lever controlling the direction of rotation and the speed of rotation of the motor associated with said control device and a first sensor , said lever being a pivoting lever with an active state and an inactive state, said lever being, in the so-called active state, mounted, from a so-called neutral position , to be mobile by pivoting about a first pivot axis in a first, so-called forward direction, for a forward drive control at a variable speed of the associated motor , and in a second, so-called reverse direction, opposite the first direction, for a reverse drive control at a variable speed of the associated motor , this lever being, in the active state and in neutral position , further mounted to be mobile by pivoting about a second pivot axis within a range of displacement , in a way that is guided in displacement over a part of this range of displacement , for the switching of said lever from an active state to an inactive state in which any pivoting displacement of the lever about the first pivot axis is prevented, the first sensor being a sensor for detecting at least one position or range of positions of the associated lever within this range of displacement , this position or range of positions forming a position zone of the lever in which any pivoting displacement about the first pivot axis of the lever , which is guided in displacement, is prevented, wherein each control device has a second sensor for detecting the angular position of said associated lever about said first pivot axis (See Fig.2 and Fig. 3 “at least one steering lever configured to operate travel by the traveling device; an operation pathway within which the steering lever is operable, the operation pathway including: a travel operation pathway corresponding to a traveling speed of the traveling device; and a stop operation pathway extending from a stop position, at which the steering lever is placeable to set the brake to a braked state, to the travel operation pathway; a travel position sensor configured to detect an operation position of the steering lever within the travel operation pathway; a brake position sensor configured to detect an operation position of the steering lever within the stop operation pathway; a drive unit configured to drive the traveling device; a travel control unit configured to control the drive unit on a basis of a detected value from the travel position sensor; and a brake control unit configured to control the brake to the braked state in response to the brake position sensor having detected that the steering lever has been operated to the stop position and to a released state in response to the brake position sensor having detected that the steering lever has been operated from the stop position toward the travel operation pathway and the travel position sensor having detected that the steering lever is at a neutral position, at which the steering lever is placeable to stop the travel.” [0010]) ,
and a control unit configured to acquire the data from said second sensor and to, in the active state of the lever , control the speed and the direction of rotation of the associated motor as a function of the data from the second sensor and of the stored neutral position , and in that the vehicle has at least one operating mode, called calibration (“the steering lever has a certain dead zone for the neutral position. By allowing the travel position sensor to detect that the steering lever is at the neutral position if the steering lever is present within a certain zone, the configuration of the release of the brake matches the actual travel mode. This improves operability of the work vehicle.” [0015]),
Ikeda does not explicitly teach a memory for storing the neutral position of said lever,
in which the control unit is configured to order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor
However, Andre does teach a memory for storing the neutral position of said lever (“The memory 219 may include computer-readable instructions that, when executed, e.g., by the processor 221, cause the EC 220 to perform various functions.” [Col.6 ln54-67])
in which the control unit is configured to order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor(“The memory 219 may include computer-readable instructions that, when executed, e.g., by the processor 221, cause the EC 220 to perform various functions.” [Col.6 ln54-67]). Both Ikeda and Andre teach methods for controlling an mowing vehicle during different modes of operation. However, Andre explicitly teaches a memory for storing the neutral position of said lever, in which the control unit is configured to order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control method of Ikeda to also include a memory for storing the neutral position of said lever, in which the control unit is configured to order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor, as taught by Andre, with a reasonable expectation of success. Doing so improves the method of vehicle control (With regard to this reasoning, see at least [Andre, Col.1 & 2 ]).
Regarding claim 2, Ikeda discloses lever is in the position zone detected by the first sensor (“The work vehicle may be The rolling vehicle according to The rolling vehicle according to wherein the control unit is configured to, in the so-called calibration operating mode, order a storage of the neutral position corresponding to a datum supplied by the second sensor when the configured such that the traveling device is a pair of left and right traveling devices; the steering lever is a pair of steering levers in one-to-one correspondence with the pair of left and right traveling devices; and the brake control unit is configured to set the brake to the released state only in response to the travel position sensor having detected that each of the pair of steering levers is at the neutral position.” [0016]).
Regarding claim 3, Ikeda discloses The rolling vehicle according to Claim 1 wherein the control unit is configured to, in the so- called calibration operating mode, order a storage of the neutral position corresponding to a datum supplied by the second sensor when the lever is displaced in the direction of an exit from and/or entry into the position zone detected by the first sensor (“a travel position sensor configured to detect an operation position of the steering lever within the travel operation pathway; a brake position sensor configured to detect an operation position of the steering lever within the stop operation pathway; a drive unit configured to drive the traveling device; a travel control unit configured to control the drive unit on a basis of a detected value from the travel position sensor” [0010]) .
Regarding claim 4, Ikeda discloses The rolling vehicle according to Claim 1,
Ikeda does not explicitly teach wherein the control unit which is configured to, in the so-called calibration operating mode, order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor , is configured to order said storage if the datum supplied by the second sensor corresponds to an angular position value of the lever that is different from the value of the neutral position previously stored.
However, Andre does teach wherein the control unit which is configured to, in the so-called calibration operating mode, order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor , is configured to order said storage if the datum supplied by the second sensor corresponds to an angular position value of the lever that is different from the value of the neutral position previously stored (“FIG. 3 is an exemplary, schematic diagram of portions of the control system 200 of the mower 100. As shown herein, the mower 100 may be configured as a zero-radius-turning mower driven by a wheel drive system having dual hydrostatic transmissions 126 (126 a, 126 b), each powered by the engine 104 (e.g., via one or more drive belts, not shown). Each transmission 126 may independently control the speed and direction of its respective drive wheel 106 based upon input provided by the operator, e.g., via the respective drive control levers 110 (see FIG. 1). Accordingly, the mower may be directed over the ground surface 103 in the desired direction and at the desired speed via the wheel drive system.” [Col.7 ln 32-44]). Both Ikeda and Andre teach methods for controlling an mowing vehicle during different modes of operation. However, Andre explicitly teaches wherein the control unit which is configured to, in the so-called calibration operating mode, order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor , is configured to order said storage if the datum supplied by the second sensor corresponds to an angular position value of the lever that is different from the value of the neutral position previously stored.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control method of Ikeda to also include wherein the control unit which is configured to, in the so-called calibration operating mode, order a storage of the neutral position corresponding to a datum supplied by the second sensor at least as a function of the data supplied by the first sensor , is configured to order said storage if the datum supplied by the second sensor corresponds to an angular position value of the lever that is different from the value of the neutral position previously stored, as taught by Andre, with a reasonable expectation of success. Doing so improves the method of vehicle control (With regard to this reasoning, see at least [Andre, Col.1 & 2 ]).
Regarding claim 5, Ikeda discloses The rolling vehicle according to Claim 1 , wherein the so-called calibration operating mode is an activatable/deactivatable mode (“(3) For each of the embodiments described above, a steering lever 18 may have a certain dead zone for the neutral position, so that placing the steering lever 18 in the dead zone does not cause the electric mower to travel. This allows the travel position sensor 30 to detect that a steering lever 18 is at the neutral position if the steering lever 18 is present within a certain zone, and matches the actual travel mode, which is appropriate.” [0048]).
Regarding claim 6, Ikeda discloses The rolling vehicle according to The rolling vehicle according to wherein the control unit is configured to, following a start- up of the vehicle and when the calibration operating mode is in the activated state: detect, as a function of the data supplied by the first sensor (8), the position of the lever with respect to the position zone , -store, when the lever is in the position zone or is displaced in the direction of an exit from and/or of an entry into the position zone , the neutral position corresponding to a datum supplied by the second sensor at least if the datum supplied by the second sensor corresponds to a value of the angular position of the lever that is different from the stored neutral position, deactivate said calibration operating mode (“(4) The detection that a steering lever 18 is at the neutral position (which is a condition for whether to set the parking brake 36 to the released state) is not necessarily carried out by the travel position sensor 30. The detection may be performed by another position sensor operable in conjunction with the brake position sensor 32.” [0049]).
Regarding claim 13, Ikeda discloses The rolling vehicle according to Claim 1 ,
Ikeda does not explicitly teach wherein, for at least one of the control devices , the first sensor is a proximity sensor with which the lever is, in the inactive state, in bearing contact in the end-of-travel position within the range of displacement and in that the second sensor is a potentiometer.
However, Andre does teach wherein, for at least one of the control devices , the first sensor is a proximity sensor with which the lever is, in the inactive state, in bearing contact in the end-of-travel position within the range of displacement and in that the second sensor is a potentiometer (“the system 200 (e.g., the EC 220) may, in addition to performing stall inhibition functions, monitor various other functions and processes regarding vehicle operation. For example, the EC may monitor vehicle parameters via one or more sensors or switch(es) 223 (see FIG. 3). These sensor(s)/switch(es) 223 may include (but are not limited to): a PTO current sensor; a voltage sensor; an engine and/or transmission temperature sensor; an engine oil pressure sensor, an operator presence sensor (e.g., seat switch); a drive lever 110 position (e.g., neutral) sensor; a ground speed sensor, parking brake position sensor, etc. The signals from these sensors/switch(es) 223, which may be connected to a vehicle controller area network (CAN) bus, may be utilized as inputs to other vehicle functions, e.g., they may operate as interlocks that must be satisfied before various mower operations begin.” [Col.6 ln 38-53]). Both Ikeda and Andre teach methods for controlling an mowing vehicle during different modes of operation. However, Andre explicitly teaches wherein, for at least one of the control devices , the first sensor is a proximity sensor with which the lever is, in the inactive state, in bearing contact in the end-of-travel position within the range of displacement and in that the second sensor is a potentiometer.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the control method of Ikeda to also include wherein, for at least one of the control devices , the first sensor is a proximity sensor with which the lever is, in the inactive state, in bearing contact in the end-of-travel position within the range of displacement and in that the second sensor is a potentiometer, as taught by Andre, with a reasonable expectation of success. Doing so improves the method of vehicle control (With regard to this reasoning, see at least [Andre, Col.1 & 2 ]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 AHMED ALKIRSH whose telephone number is (703) 756-4503. The examiner can normally be reached M-F 9:00 am-5:00 pm EST.
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AHMED ALKIRSHExaminer, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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