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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March, 30, 2026, has been entered.
Status of Claims
This Office action is in response to the amendments filed on March 30, 2026. Claims 1, 4-6, and 8-11 are currently pending, with Claims 1, 4-6, 8-9, and 11 being amended.
Response to Amendments
In response to Applicant’s amendments, filed March 30, 2026, the Examiner withdraws the previous 35 U.S.C. 112 rejections, and maintains the previous 35 U.S.C. 103 rejections.
Response to Arguments
Applicant's arguments, filed March 30, 2026, regarding the argument that the system actively sets the corrected target path and the teachings of Kawai, as it relates to adjusting the speed ratio (see page 8 of instant arguments), the Examiner is unpersuaded. The arguments pertaining to the correction of the trajectory is made by adjusting the speed ratio in the teachings of Kawai, are not considered relevant, because the current claims do not require nor specify by what mechanism the trajectory is corrected and adjusted. The claims only require that a new trajectory is determined and followed. Adjusting the speed ratio of Kawai will result in a change in the trajectory, and thus a change in the movement along the target path, as taught in the system of Kawai. Saito more explicitly teaches that the speed is corrected for the implement, body, etc. over intervals of time, such that the vehicle follows the target trajectory. Kawai, in view of Saito, teaches a method for adjusting a trajectory of a vehicle, adjusting the speed, and implementing a corrected trajectory.
Applicant's arguments, filed March 30, 2026, regarding the teachings of Kawai pertaining to “removing at least one pre-correction modification point” (see page 8 of instant arguments), the Examiner is unpersuaded. Kawai teaches that the new target speeds are calculated based on the deviation amount from the target trajectory (i.e. pre-correction modification) and the current trajectory; and the control device calculates the horizontal and vertical speed components for moving the attachment tip along the target trajectory based on a deviation of the timing and difference in acceleration for the work machine so that a new trajectory can be followed (see at least Page 5, Paragraph beginning with “The attachment target moving direction …”; Page 7, Paragraph beginning with “The difference in acceleration …”). Even though Kawai does not explicitly note “removing” or pre-correction data, the Examiner will note that setting a new trajectory will remove a point along the original trajectory that is no longer relevant, such that the vehicle or its implements will follow a new trajectory, which includes post-correction values. However, the Examiner has brought in an additional reference to provide more explicit indications of the teachings of removing points. As such, Kawai, in view of Saito, teaches the features of the claims as written. The Examiner is unpersuaded and maintains the corresponding rejections.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 19, 2026, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
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.
The factual inquiries 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-6, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Publication No. 2019019567 A, to Kawai, et al (hereinafter referred to as Kawai; previously of record), in view of U.S. Patent No. 8,321,085 B2, to Saito (hereinafter referred to as Saito; previously of record), and further in view of U.S. Patent Publication No. 2007/0046677 A1, to Hong, et al (hereinafter referred to as Hong; newly of record).
As per Claim 1, Kawai discloses the features of a trajectory generating system (e.g. Page 2, Paragraph beginning with “The control device of the present invention …”; where the storage device of a construction machine stores data of a target trajectory of a predetermined part of the attachment) that is configured to be used in
a work machine including a machine body (e.g. Page 3, Paragraph beginning with “The construction machine 1 is a machine …”; where the construction machine (1) performs work with the attachment (20), and includes a lower traveling body (11), an upper swing structure (13) (machine body), an attachment (20), a cylinder (30), and a control device (40)) and
an attachment that is attached to the machine body and performs work (e.g. Page 3, Paragraph beginning with “The construction machine 1 is a machine …”; where the construction machine (1) performs work with the attachment (20)), the trajectory generating system comprising:
a controller (e.g. Page 4, Paragraph beginning with “The control device 40 …”; Page 5, Paragraph beginning with “The computing device 50 …”; where the control device (40) is used for controlling the operation of the attachment (20), and includes an attitude detection device (41), an operation device (43), a storage device (45), and an operation device (50) which performs calculations, comparison, and input/output of signals) configured to:
set a reference target trajectory that is a target for movement of a specific portion of the attachment (e.g. Page 2, Paragraph beginning with “The control device of the present invention …”; where the calculation means within the control device of the construction machine determines a target trajectory to move the attachment along the trajectory; and where the storage device of a construction machine stores data of a target trajectory of a predetermined part of the attachment),
the reference target trajectory including a reference target path including a plurality of target points along a path (e.g. Page 2, Paragraph beginning with “The control device of the present invention …”; Page 7, Paragraph beginning with The difference in starting timing …”; where the storage device of a construction machine stores data of a target trajectory of a predetermined part of the attachment) and ‘…’
correct the reference target trajectory when a predetermined path correcting condition is satisfied (e.g. Page 5, Paragraph beginning with “The attachment target moving direction …”; Page 7, Paragraph beginning with “The difference in acceleration …”; Page 11, Paragraph beginning with “The actual speed ratio approaches …”; where the actual trajectory of the predetermined portion of the attachment can be brought close to the target trajectory (i.e. corrected) and determines the deviation amount from the target trajectory (i.e. pre-correction modification); and the control device calculates the horizontal and vertical speed components for moving the attachment tip along the target trajectory based on a deviation of the timing and difference in acceleration for the work machine), wherein
when the predetermined path correcting condition is satisfied, the controller removes at least one pre-correction modification point among the plurality of target points on the reference target trajectory (e.g. Page 9, Paragraph beginning “When the processing by the cylinder …”; with Page 11, Paragraph beginning with “The actual speed ratio approaches …”; where a “start timing difference” and “acceleration difference” occur, where there is a difference in timing between the starting time of the boom cylinder (31) and the starting time of the arm cylinder (33) (i.e. a correcting condition is determined based on time); and where new target speeds are calculated and corrected, so as to change the target speed from moment to moment (i.e. new and updated values are used instead of old values to follow a new trajectory)) and
sets a post- correction modification point obtained by modifying a position of the pre-correction modification point, thus setting a corrected target path including the post-correction modification point (e.g. Page 11, Paragraph beginning with “The actual speed ratio approaches …”; where the actual trajectory deviates from the target trajectory, and the system corrects the target trajectory so as to follow the actual trajectory), ‘…’.
Kawai fails to disclose every feature of the controller setting a speed of the movement based on the time information, and time information that is information about a time for movement of the specific portion along the plurality of target points.
However, Saito, in a similar field of endeavor, teaches a working vehicle speed control method, where the vehicle speed is determined over time intervals (e.g. Figures 8, 9).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the control device of a construction machine in the system of Kawai, with the feature of determining speed values over time in the system of Saito, in order to implement a more stable speed and improve driving feeling to the driver (see at least Col. 13 lines 46-55 of Saito).
Kawai further fails to disclose every feature of after setting the corrected target path, in a case where a predetermined time correcting condition is satisfied based on a post-correction point-to-point speed being greater than a pre- correction point-to-point speed, the controller sets new time information in the corrected target path based on at least one of information about a speed of the attachment on the reference target trajectory and information about a preset upper limit of the speed of the attachment to cause a speed of the attachment at the post-correction modification point to be equal to or less than a speed of the attachment at the pre- correction modification point on the reference target trajectory, and when the predetermined time correcting condition is not satisfied, the time information is unchanged.
Saito teaches the features of after setting the corrected target path, in a case where a predetermined time correcting condition is satisfied based on a post-correction point-to-point speed being greater than a pre- correction point-to-point speed, the controller sets new time information in the corrected target path based on at least one of information about a speed of the attachment on the reference target trajectory and information about a preset upper limit of the speed of the attachment to cause a speed of the attachment at the post-correction modification point to be equal to or less than a speed of the attachment at the pre- correction modification point on the reference target trajectory.
Saito teaches a working vehicle speed control method, where the controller compares the average speed during the time interval, and if the actual speed is greater than the target speed, the controller corrects the speed such that it is less than a set value (e.g. Col. 12 lines 34-48; Col. 13 lines 21-35; Figures 6, 15).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the control device of a construction machine in the system of Kawai, with the feature of determining if speed values were greater than a threshold in the system of Saito, in order to implement a more stable speed and improve driving feeling to the driver (see at least Col. 13 lines 46-55 of Saito).
Saito further teaches the features of when the predetermined time correcting condition is not satisfied, the time information is unchanged.
Saito teaches a working vehicle speed control method, where if the vehicle speed change is less than or equal to the threshold value, the controller determines whether or not the time interval (t1) has elapsed from when correction was performed, and if the interval (t1) has elapsed, then correction is performed and it has not elapsed, then correction is not performed (i.e. time information is unchanged) (e.g. Col. 12 lines 3-18).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the control device of a construction machine in the system of Kawai, with the feature of determining if speed values were greater than a threshold in the system of Saito, in order to implement a more stable speed and improve driving feeling to the driver (see at least Col. 13 lines 46-55 of Saito).
Hong more explicitly teaches the features of when the predetermined path correcting condition is satisfied, the controller removes at least one pre-correction modification point among the plurality of target points on the reference target trajectory.
Hong teaches a method of tolerance-based trajectory planning, where a motive body is commanded to follow the target path from an initial position, and a first target sub-path is calculated to correct for predictive errors in the movement of the motive body, and line command is a point-to-point move, which determines the target sequence for a new line and removes all the intermediate points, and replaces the old line only if some conditions are met, i.e., distance from each of the removed points to the new line is within a given tolerance (e.g. Paragraphs [0031], [0121]-[0122]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the control device of a construction machine in the system of Kawai, in view of Sato, with the feature of determining removing old lines and replacing with new ones in the system of Hong, in order to construct a smooth path for the tool to travel (see at least Paragraph [0037] of Hong).
As per Claim 4, Kawai, in view of Saito and Hong, teaches the features of Claim 1, and Saito further teaches the features of wherein the controller sets the time information in the corrected target path so that an average speed of the attachment in a region between an adjacent target point adjacent to the post-correction modification point among the plurality of target points and the post- correction modification point is equal to or less than an average speed of the attachment in a region between the pre-correction modification point and the adjacent target point on the reference target trajectory.
Saito teaches a working vehicle speed control method, where the controller compares the average speed during the time interval, and if the actual speed is greater than the target speed, the controller corrects the speed such that it is less than a set value (e.g. Col. 12 lines 34-48; Col. 13 lines 21-35).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the control device of a construction machine in the system of Kawai, with the feature of using average speed values to the work machine in the system of Saito, in order to implement a more stable speed and improve driving feeling to the driver (see at least Col. 13 lines 46-55 of Saito).
As per Claim 5, Kawai, in view of Saito and Hong, teaches the features of Claim 1, and Kawai further discloses the features of wherein
in a case where the speed of the attachment at the pre-correction modification point is equal to or less than a predetermined threshold on the reference target trajectory (e.g. Page 8, Paragraph beginning with “(Actual Speed Ratio> Target Speed Ratio) (Boom deceleration) …” …”, and Page 12, Paragraph beginning with “The correction amount of the boom …”; where when the target speed ratio is smaller than the actual speed ratio, the target speed correcting means corrects the boom cylinder target speed so the actual speed approaches the target speed ratio),
the controller specifies, among the plurality of target points, a certain reference target point that is the target point at which the speed of the attachment is higher than the threshold, the target point being closest to the pre-correction modification point (e.g. Page 10, Paragraph beginning with “(Comparison of Cylinder Speed) As shown in FIG. 12 …”; where the target speed ratio is larger than the actual speed ratio the target speed correcting means corrects to the side of decreasing the arm cylinder target speed; and where the army cylinder actual speed has reached the predetermined target speed, but the actual boom cylinder spend has not reached the predetermined target speed, the target speed of the arm cylinder is corrected); and
sets the time information in the corrected target path so that a speed of the attachment at the post-correction modification point is equal to or less than a speed of the attachment at the reference target point on the reference target trajectory (e.g. Page 9, Paragraph beginning with “Next, the target speed correcting means 83 adds the correction amount of the boom cylinder target speed …”, and Paragraph beginning with “Next, the target speed correcting means 83 adds the correction amount of the arm cylinder target speed …”; Parge 10, Paragraph beginning with “(Comparison of Cylinder Speed) As shown in …”; where the speed of the arm cylinder is driven at a slow speed as compared with the case where the arm cylinder is driven based on the target speed before correction; and at time (T1) the arm cylinder actual speed has reached the predetermined target speed by applying a correction amount; and where when correcting the boom cylinder target speed, the maximum speed of the boom cylinder is determined and adjusted to be corrected to the target speed).
As per Claim 6, Kawai, in view of Saito and Hong, teaches the features of Claim 1, and Kawai further discloses the features of wherein the controller sets the time information in the corrected target path so that a speed of the attachment at the post-correction modification point is equal to or less than the preset upper limit of the speed of the attachment (e.g. Page 11, Paragraph beginning with “(Effect by Modification to Reduce the Target Speed) …”; where the speed of the arm cylinder is driven at a slow speed as compared with the case where the arm cylinder is driven based on the target speed before correction; and at time (T1) the arm cylinder actual speed has reached the predetermined target speed by applying a correction amount; and where when correcting the boom cylinder target speed, the maximum speed of the boom cylinder is determined and adjusted to be corrected to the target speed).
As per Claim 10, Kawai, in view of Saito and Hong, teaches the features of Claim 1, and Kawai further discloses the features of wherein the time correcting condition includes a condition that assuming that the attachment moves to the plurality of target points included in the corrected target path, based on the time information on the reference target trajectory, the speed of the attachment at the post-correction modification point is higher than the speed of the attachment at the pre-correction modification point on the reference target trajectory (e.g. Page 9, Paragraph beginning with “(Actual Speed Ratio < Target Speed Ratio) …”; where the target speed ratio is larger than the actual speed ratio, the arm cylinder is moving relatively fast compared to the boom cylinder actual speed and the correction amount is added to the arm cylinder target speed, to decelerate the movement of the arm cylinder after correction).
As per Claim 11, Kawai discloses the features of a work machine comprising a machine body (e.g. Page 3, Paragraph beginning with “The construction machine 1 is a machine …”; where the construction machine (1) performs work with the attachment (20), and includes a lower traveling body (11), an upper swing structure (13) (machine body), an attachment (20), a cylinder (30), and a control device (40));
an attachment that is attached to the machine body and performs work (e.g. Page 3, Paragraph beginning with “The construction machine 1 is a machine …”; where the construction machine (1) performs work with the attachment (20)),
a trajectory generating system (e.g. Page 2, Paragraph beginning with “The control device of the present invention …”; where the storage device of a construction machine stores data of a target trajectory of a predetermined part of the attachment) that includes
controller (e.g. Page 4, Paragraph beginning with “The control device 40 …”; Page 5, Paragraph beginning with “The computing device 50 …”; where the control device (40) is used for controlling the operation of the attachment (20), and includes an attitude detection device (41), an operation device (43), a storage device (45), and an operation device (50) which performs calculations, comparison, and input/output of signals) configured to:
set a reference target trajectory that is a target for movement of a specific portion of the attachment (e.g. Page 2, Paragraph beginning with “The control device of the present invention …”; where the calculation means within the control device of the construction machine determines a target trajectory to move the attachment along the trajectory; and where the storage device of a construction machine stores data of a target trajectory of a predetermined part of the attachment),
the reference target trajectory including a reference target path including a plurality of target points along the path (e.g. Page 2, Paragraph beginning with “The control device of the present invention …”; Page 7, Paragraph beginning with The difference in starting timing …”; where the storage device of a construction machine stores data of a target trajectory of a predetermined part of the attachment) and ‘…’
correct the reference target trajectory when a predetermined path correcting condition is satisfied (e.g. Page 5, Paragraph beginning with “The attachment target moving direction …”; Page 7, Paragraph beginning with “The difference in acceleration …”; Page 11, Paragraph beginning with “The actual speed ratio approaches …”; where the actual trajectory of the predetermined portion of the attachment can be brought close to the target trajectory (i.e. corrected) and determines the deviation amount from the target trajectory (i.e. pre-correction modification); and the control device calculates the horizontal and vertical speed components for moving the attachment tip along the target trajectory based on a deviation of the timing and difference in acceleration for the work machine), wherein
when the predetermined path correcting condition is satisfied, the controller removes at least one pre- correction modification point among the plurality of target points on the reference target trajectory (e.g. Page 9, Paragraph beginning “When the processing by the cylinder …”; with Page 11, Paragraph beginning with “The actual speed ratio approaches …”; where a “start timing difference” and “acceleration difference” occur, where there is a difference in timing between the starting time of the boom cylinder (31) and the starting time of the arm cylinder (33) (i.e. a correcting condition is determined based on time); and where new target speeds are calculated and corrected, so as to change the target speed from moment to moment (i.e. new and updated values are used instead of old values to follow a new trajectory)) and
sets a post-correction modification point obtained by modifying a position of the pre-correction modification point, thus setting a corrected target path including the post- correction modification point (e.g. Page 11, Paragraph beginning with “The actual speed ratio approaches …”; where the actual trajectory deviates from the target trajectory, and the system corrects the target trajectory so as to follow the actual trajectory), ‘…’.
Kawai fails to disclose every feature of the controller setting a speed of the movement based on the time information, and time information that is information about a time for movement of the specific portion along the plurality of target points.
However, Saito, in a similar field of endeavor, teaches a working vehicle speed control method, where the vehicle speed is determined over time intervals (e.g. Figures 8, 9).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the control device of a construction machine in the system of Kawai, with the feature of determining speed values over time in the system of Saito, in order to implement a more stable speed and improve driving feeling to the driver (see at least Col. 13 lines 46-55 of Saito).
Kawai further fails to disclose every feature of after setting the corrected target path, in a case where a predetermined time correcting condition is satisfied based on a post-correction point-to-point speed being greater than a pre- correction point-to-point speed, the controller sets new time information in the corrected target path based on at least one of information about a speed of the attachment on the reference target trajectory and information about a preset upper limit of the speed of the attachment to cause a speed of the attachment at the post-correction modification point to be equal to or less than a speed of the attachment at the pre- correction modification point on the reference target trajectory, and when the predetermined time correcting condition is not satisfied, the time information is unchanged.
Saito teaches the features of after setting the corrected target path, in a case where a predetermined time correcting condition is satisfied based on a post-correction point-to-point speed being greater than a pre- correction point-to-point speed, the controller sets new time information in the corrected target path based on at least one of information about a speed of the attachment on the reference target trajectory and information about a preset upper limit of the speed of the attachment to cause a speed of the attachment at the post-correction modification point to be equal to or less than a speed of the attachment at the pre- correction modification point on the reference target trajectory.
Saito teaches a working vehicle speed control method, where the controller compares the average speed during the time interval, and if the actual speed is greater than the target speed, the controller corrects the speed such that it is less than a set value (e.g. Col. 12 lines 34-48; Col. 13 lines 21-35; Figures 6, 15).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the control device of a construction machine in the system of Kawai, with the feature of determining if speed values were greater than a threshold in the system of Saito, in order to implement a more stable speed and improve driving feeling to the driver (see at least Col. 13 lines 46-55 of Saito).
Saito further teaches the features of when the predetermined time correcting condition is not satisfied, the time information is unchanged.
Saito teaches a working vehicle speed control method, where if the vehicle speed change is less than or equal to the threshold value, the controller determines whether or not the time interval (t1) has elapsed from when correction was performed, and if the interval (t1) has elapsed, then correction is performed and it has not elapsed, then correction is not performed (i.e. time information is unchanged) (e.g. Col. 12 lines 3-18).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to modify the control device of a construction machine in the system of Kawai, with the feature of determining if speed values were greater than a threshold in the system of Saito, in order to implement a more stable speed and improve driving feeling to the driver (see at least Col. 13 lines 46-55 of Saito).
Hong more explicitly teaches the features of when the predetermined path correcting condition is satisfied, the controller removes at least one pre- correction modification point among the plurality of target points on the reference target trajectory.
Hong teaches a method of tolerance-based trajectory planning, where a motive body is commanded to follow the target path from an initial position, and a first target sub-path is calculated to correct for predictive errors in the movement of the motive body, and line command is a point-to-point move, which determines the target sequence for a new line and removes all the intermediate points, and replaces the old line only if some conditions are met, i.e., distance from each of the removed points to the new line is within a given tolerance (e.g. Paragraphs [0031], [0121]-[0122]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the control device of a construction machine in the system of Kawai, in view of Sato, with the feature of determining removing old lines and replacing with new ones in the system of Hong, in order to construct a smooth path for the tool to travel (see at least Paragraph [0037] of Hong).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai, in view of Saito and Hong, as applied to Claim 1 above, and further in view of Korean Patent No. 20190066528, to Miyamoto, et al (hereinafter referred to as Miyamoto; previously of record).
As per Claim 8, Kawai, in view of Sato and Hong, teaches the feature of Claim 1, but the combination Kawai, in view of Saito and Hong, fails to teach every feature of further comprising a display that displays information about the reference target trajectory corrected by the controller.
However, Miyamoto, in a similar field of endeavor, teaches a travel working machine, where the operation panel (47) has a display section (48) capable of displaying various information using a liquid crystal display; where the display provides position information, traveling trajectory information, positional deviation from the target trajectory, and correction information of the path (e.g. Paragraphs [0132], [0197], [0204], [0206]; Figure 16).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the control device of a construction machine in the system of Kawai, in view of Saito and Hong, with the feature of using a display in the system of Miyamoto, in order to alert the driver of changing vehicle conditions (see at least Paragraph [0149] of Miyamoto).
As per Claim 9, Kawai, in view of Sato and Hong, teaches the feature of Claim 1, but the combination of Kawai, in view of Saito, and Hong, fails to teach every feature of wherein the path correcting condition includes at least one of a condition that an obstacle is present in the reference target path after the target controller sets the reference target trajectory, a condition that an operator instructs to change the reference target path, and a condition that a work position of the attachment is modified.
However, Miyamoto, in a similar field of endeavor, teaches a travel working machine, where an obstacle is determined to be present in the reference path, and an alarm is provided to notify the driver of the obstacle and the vehicle speed, and determines the inclination angle for the traveling body, and the operator then inputs an instruction to set the post-process target movement path (LM2) (Paragraphs [0149], [0168], [0215], [0226]; Figure 16).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the Applicant’s invention, with a reasonable expectation for success, to further modify the control device of a construction machine in the system of Kawai, in view of Saito and Hong, with the feature of using operator input to change the reference target path in the system of Miyamoto, in order to operate the vehicle within a predetermined deviation of the path (see at least Paragraph [0200] of Miyamoto).
Conclusion
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/MERRITT LEVY/Examiner, Art Unit 3663
/KYLE J KINGSLAND/Primary Examiner, Art Unit 3663
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