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
This Office Action is in response to the application filed on 4/17/2024. Claim(s) 1 – 15 are presently pending and are examined in this first action on the merits (FAOM).
Claim Interpretation
While claims field on 10/17/2024 are the most recent of record, they have errors that were corrected in the second claim set filed on 4/17/2024.
For examination purposed the citations are used from the 4/17/2024 claim set.
Priority
Examiner acknowledges Applicant’s claim to priority based on Application JP 2021-194623 filed 11/30/2021.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 04/17/2024 and 05/08/2026 have been considered by the Examiner.
Drawings
The drawing, Fig. 13, is objected to under 37 CFR 1.83(a) because Step S3 is labeled “Detect Object Revolving Revolving Unit”. This appears to be a minor typographical or syntax error in labeling. For purposes of examination, Step S3 has been interpreted to be “Detect Object Revolving Unit”. Appropriate correction is required.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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claim. See MPEP § 608.01(n). Accordingly, the claim has not been further treated on the merits.
Claim Interpretation
112(f)
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) are: revolving unit configured to … , control section configured to detect an object, posture detection section configured to detect posture of implement, control section is configured to divide … , selection section configured to select … , display section configured to display.
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 (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.
Claims 1-8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki Yoichiro et. al. WO 2017188230 (“Yoichiro”) in view Takashi Nishi US20210010236 (“Nishi”).
As per Claim 1 and 15,
Yoichiro discloses,
A work machine comprising:
a work machine main body including a traveling unit and a revolving unit disposed above the traveling unit, the revolving unit configured to be revolvable with respect to the traveling unit; (see at least Fig. 1, [Abstract] A hydraulic shovel (1) comprises the following: a lower traveling body (2); an upper revolving body, [Page 2, Para 3] As shown in FIG. 1, the hydraulic excavator 1 includes a crawler type lower traveling body 2, an upper rotating body 3 provided on the lower traveling body 2 in a state of being rotatable about a vertical axis with respect to the lower traveling body 2 , And an attachment 40 attached so as to be able to rise and fall with respect to the upper swing structure 3)
at least one object detection sensor disposed on the revolving unit; (see at least [Page 2, Para. 7] As shown in FIG. 2, the upper swing structure 3 includes a left side sensor 31 ⟨/ b⟩ L, a right side sensor 31 ⟨/ b⟩ R, and a rear side sensor 31 ⟨/ b⟩ B, sensors (31L, 31R, 31B) that detect the presence/absence of an obstacle and the distance thereto in a monitoring region that is preset around the hydraulic shovel)
a revolving angle sensor configured to detect a revolving angle of the revolving unit; and (see at least [Page 2, Para. 8] Each of the sensors 31 L, 31 R, and 31 B is a three-dimensional distance measuring sensor (distance sensor), and calculates the distance based on the time the infrared laser projected to the object reciprocates, and [Page 3, Para 3] As shown in FIG. 4, the angle detector 33 can detect the relative angle α between the lower traveling body 2 and the upper rotating body 3 in the turning direction of the upper rotating body 3. The angle detection unit 33 can be constituted by, for example, a rotary encoder or a gyro sensor).
a control section configured to detect an object around the work machine main body using the object detection sensor by revolving the revolving unit, (see at least [Page 3, Para 7] The control unit 4 is a processing unit that controls various kinds of processing including the processing (described later) of the flowchart of FIG. 9, and [Page 3, Para 8] Based on the detection results of the sensors 31L, 31R, 31B, the first calculation unit 4a calculates first position information including the position coordinates of the obstacle with respect to the reference position RP preset in the hydraulic excavator 1.)
specify a position of the object with respect to the work machine main body based on a distance to the object detected by the object detection sensor and the revolving angle at which the object is detected (see at least [Page 3, Para 8] Specifically, as shown in FIG. 10, when the three-dimensional coordinate of the reference position RP is (0, 0, 0), the first calculating unit 4 a calculates the three-dimensional coordinates (x 1, y 1, z 1 ) As the first position coordinate CP1. In the example shown in FIG. 10, since the obstacle is positioned on the right side of the hydraulic excavator 1, the first calculating unit 4 a mainly calculates the first positional coordinate CP 1 based on the detection result by the right sensor 31 R, and [Page 3, Para 9] As shown in FIG. 4, the monitoring area setting unit 4 b sets the monitoring areas 310 L, 310 R, 310 B around the hydraulic shovel 1 as shown in FIGS. 5 to 8 on the basis of the relative angle α detected by the angle detecting unit 33 as shown in FIG. 4).
Yoichiro does not disclose,
and set a virtual wall based on the specified position when the object is detected
Nishi teaches,
and set a virtual wall based on the specified position when the object is detected (see at least [0092] the controller 30 can calculate the coordinates of each object detected by the object detector 70 (e.g., each object subjected to detection by the object detector 70) in the reference coordinate system, and [0095] the controller 30 sets virtual walls VW, based on the positions of the respective six road cones RC and the position of the fence FS).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
As per Claim 2,
Yoichiro discloses,
The work machine according to claim 1, wherein
the revolving unit includes a work implement, and (see at least [Page 2, Para 3] And an attachment 40 attached so as to be able to rise and fall with respect to the upper swing structure 3.
the object detection sensor is disposed on the revolving unit so that a detection direction does not overlap with the work implement (see at least [Page 2, Para 7] As shown in FIG. 2, the upper swing structure 3 includes a left side sensor 31 ⟨/ b⟩ L, a right side sensor 31 ⟨/ b⟩ R, and a rear side sensor 31 ⟨/ b⟩ B. The left sensor 31 ⟨/ b⟩ L is provided along the left side surface of the upper swing structure 3. Specifically, the left side sensor 31 ⟨/ b⟩ L is attached to the revolving frame 3 a with its detection area oriented to the left side. The right side sensor 31 ⟨/ b⟩ R is provided along the right side surface of the upper revolving superstructure 3. Specifically, the right side sensor 31 ⟨/ b⟩ R is attached to the revolving frame 3 a with its detection area oriented to the right side. The rear side sensor 31 ⟨/ b⟩ B is provided along the rear side face of the upper swing structure 3. Specifically, the rear side sensor 31 ⟨/ b⟩ B is attached to the revolving frame 3 a with its detection range facing rearward)
PNG
media_image1.png
501
556
media_image1.png
Greyscale
As per Claim 3,
Yoichiro discloses,
The work machine according to claim 1, wherein the revolving unit includes a work implement (see at least [Page 2, Para 3] an attachment 40 attached so as to be able to rise and fall with respect to the upper swing structure 3, and [Page 2, Para 5] the attachment 40 includes a boom cylinder (not shown) for rotating the boom 41 with respect to the upper swivel body 3, an arm cylinder 44 for rotating the arm 42 with respect to the boom 41, a bucket 43 And a bucket cylinder 45 for rotating the workpiece)
Yoichiro does not disclose,
the control section is configured to execute an operation restriction that restricts an operation of the work implement approaching the virtual wall
Nishi teaches,
the control section is configured to execute an operation restriction that restricts an operation of the work implement approaching the virtual wall (see at least [0004] The controller sets a virtual wall, and restricts the movement of the actuator based on a positional relationship between the virtual wall and the shovel, and [0097] The controller 30 is configured to restrict the movement of an actuator such that the shovel 100 does not cross the virtual walls VW. Specifically, the controller 30 is configured to identify the surrounding environment as if there were actual walls at positions corresponding to the positions of the virtual walls VW and restrict the movement of the shovel 100 such that the shovel 100 does not contact the walls, which do not actually exist. The virtual walls VW may function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
As per Claim 4,
Yoichiro does not disclose,
The work machine according to claim 3, wherein the operation restriction includes stopping the work implement
Nishi teaches,
The work machine according to claim 3, wherein the operation restriction includes stopping the work implement (see at least [0101] if the distance between a virtual wall VW and a part of the shovel 100 (such as the end of the boom 4) falls below the predetermined value during a boom lowering operation, the controller 30 may slow or stop the boom lowering operation by outputting a control signal to the pressure reducing valve 50R and adjusting a control pressure acting on the control valve 154).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
As per Claim 5
Yoichiro does not disclose,
The work machine according to claim 3, wherein the operation restriction includes stopping a revolution of the revolving unit.
Nishi teaches,
The work machine according to claim 3, wherein the operation restriction includes stopping a revolution of the revolving unit (see at least [0101] if the distance between a virtual wall VW and a part of the shovel 100 (such as the counterweight) falls below a predetermined value during the turning operation of the upper turning body 3, the controller 30 may slow or stop the turning operation by outputting a control signal to the pressure reducing valve 50L and adjusting a control pressure acting on the control valve 157).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
As per Claim 6
Yoichiro does not disclose,
The work machine according to claim 1, wherein the control section is configured to execute an operation restriction that restricts an operation of the revolving unit approaching the virtual wall
Nishi teaches,
The work machine according to claim 1, wherein the control section is configured to execute an operation restriction that restricts an operation of the revolving unit approaching the virtual wall (see at least [0193] at a work site where the shovel 100 may contact an object behind or beside the shovel 100, the controller 30 may be configured to set a virtual wall behind or beside the shovel 100. Then, the controller 30 may be configured to calculate distances from points on the outer surface of the upper turning body 3 (such as points on the outer surface of the counterweight) to the virtual wall for each predetermined control period. In this case, the controller 30 is not required to calculate distances from points on the outer surface of the lower traveling body 1 to the virtual wall, and distances from points on the outer surface of the excavation attachment AT to the virtual wall).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
As per Claim 7
Yoichiro does not disclose,
The work machine according to claim 6, wherein the operation restriction includes stopping a revolution of the revolving unit.
Nishi teaches,
The work machine according to claim 6, wherein the operation restriction includes stopping a revolution of the revolving unit (see at least [0207] the controller 30 illustrated in FIG. 10 can slow or stop the movement of an actuator in order to prevent a part of the shovel 100 from crossing a virtual wall VW, and [0211] In this manner, the rotational speed of the turning hydraulic motor 2A can be reduced or stopped).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
As per Claim 8
Yoichiro does not disclose,
The work machine according to claim 3, further comprising a posture detection section configured to detect postures of the work implement and the traveling unit, the control section being configured to detect an outermost position of the work implement, and execute the operation restriction when the outermost position enters a predetermined range from the virtual wall
Nishi teaches,
The work machine according to claim 3, further comprising a posture detection section configured to detect postures of the work implement and the traveling unit, control section being configured to detect an outermost position of the work implement, and execute the operation restriction when the outermost position enters a predetermined range from the virtual wall (see at least [0188] FIG. 9A through FIG. 9C are diagrams illustrating configuration examples of outer surfaces of polygon models of the shovel 100. FIG. 9A is a top view of a polygon model of the upper turning body 3 and the excavation attachment AT. FIG. 9B is a top view of a polygon model of the lower traveling body 1. FIG. 9C is a left side view of a polygon model of the shovel 100. In FIG. 9A through FIG. 9C, the outer surface of the lower traveling body 1 is represented by diagonal lines, the outer surface of the upper turning body 3 is represented by a rough dot pattern, and the outer surface of the excavation attachment AT is represented by a fine dot pattern).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
Claims 9 -14 are rejected under 35 U.S.C. 103 as being unpatentable over Yoichiro and Nishi as applied to Claim 1 above and further in view of Takayuki Doi et. al. US 20180347147 (“Doi”)
As per Claim 9
Yoichiro does not disclose,
The work machine according to claim 1, wherein the control section is configured to divide a periphery of the work machine main body into a plurality of areas, the virtual wall includes a plurality of wall portions corresponding to the plurality of areas, and the wall portions corresponding to the areas are set based on the position of the object specified in each of the areas
Doi teaches,
The work machine according to claim 1, wherein the control section is configured to divide a periphery of the work machine main body into a plurality of areas, the virtual wall includes a plurality of wall portions corresponding to the plurality of areas, and the wall portions corresponding to the areas are set based on the position of the object specified in each of the areas (see at least [0087] With reference to FIG. 5, the speed reduction area 14A and the stop area 14B will be described, [0088] The speed reduction area 14A is set outside the virtual boundary surface 142 in the plan view. The speed reduction area 14A has an approximately constant width, and extends along the virtual boundary surface 142, [0089] The stop area 14B is set outside the virtual boundary surface 142 in the plan view. The stop area 14B is located inside the speed reduction area 14A, and [0091] The speed reduction control section 4421 reduces the movement speed of the upper slewing body 14 when at least a part of an obstacle lies within the speed reduction area 14A. The stop control section 4422 stops the movement of the upper slewing body 14 when at least a part of an obstacle lies within the stop area 14B
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Doi teaches a method for a movement control device to control the movement of the upper slewing body in such a way as to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Doi, with a reasonable expectation of success, to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface (0008).
As per Claim 10
Yoichiro does not disclose,
The work machine according to claim 9, wherein the control section does not set the wall portion corresponding to the area where no object is detected
Doi teaches,
The work machine according to claim 9, wherein the control section does not set the wall portion corresponding to the area where no object is detected (see at least [0106] When at least a part of the obstacle does not lie within the stop area 14B (step S27: NO), the controller 44 terminates the safety control)
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Doi teaches a method for a movement control device to control the movement of the upper slewing body in such a way as to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Doi, with a reasonable expectation of success, to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface (0008).
As per Claim 11
Yoichiro does not disclose,
The work machine according to claim 9, further comprising a selection section configured to select whether to set each of the plurality of wall portions
Doi teaches,
The work machine according to claim 9, further comprising a selection section configured to select whether to set each of the plurality of wall portions (see at least [0101] At step S21, the controller 44 selects an obstacle closest to the virtual boundary surface 142 based on the positions of obstacles relative to the virtual boundary surface 142 transmitted from the position identification device 481)
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Doi teaches a method for a movement control device to control the movement of the upper slewing body in such a way as to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Doi, with a reasonable expectation of success, to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface (0008).
As per Claim 12
Yoichiro does not disclose,
the control section stores an initial virtual wall before setting that is disposed to surround the work machine main body, the initial virtual wall includes a plurality of initial wall portions
and the control section is configured to set the wall portion by moving the initial wall portion based on the position of the object.
Nishi teaches,
the control section is configured to set the wall portion by moving the initial wall portion based on the position of the object (see at least [0096] the controller 30 can generate virtual walls VW based on the positional relationship between the target construction surface and each of the objects. Further, the controller 30 may generate virtual walls VW by associating the arrangement of road cones RC, whose positional relationship changes depending on the construction situation, with the arrangement of preliminarily set objects, and [0098] the controller 30 sets a first virtual wall VW1 along the fence FS, such that a part of the shovel 100, such as the crawlers 1C, the excavation attachment AT, or the counterweight, does not extend over the fence FS to the sidewalk SW).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
Doi teaches,
The work machine according to claim 9, wherein the control section stores an initial virtual wall before setting that is disposed to surround the work machine main body, the initial virtual wall includes a plurality of initial wall portions (see at least [0110] the virtual boundary surface 142 is set outside the side surface 14S of the upper slewing body 14 in the plan view. Therefore, when the position of the obstacle 50 is recognized in relation to the virtual boundary surface 142, it is possible to more reliably prevent the upper slewing body 14 from coming into contact with the obstacle 50).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Doi teaches a method for a movement control device to control the movement of the upper slewing body in such a way as to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Doi, with a reasonable expectation of success, to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface (0008).
As per Claim 13
Yoichiro does not disclose,
The work machine according to any one of claims 1, further comprising a display section configured to display at least a portion of the work machine main body and at least a portion of the virtual wall
Nishi teaches,
The work machine according to any one of claims 1, further comprising a display section configured to display at least a portion of the work machine main body and at least a portion of the virtual wall (see at least [0092] the controller 30 can calculate the coordinates of each object detected by the object detector 70 (e.g., each object subjected to detection by the object detector 70) in the reference coordinate system. Therefore, the controller 30 can understand the positional relationship between the shovel 100 and each object such as an obstacle and can associate the position of each of the objects with a construction plan drawing. Further, in the construction plan drawing, the controller 30 can input not only a target construction surface (such as the ground surface to be excavated), but also the positional relationship between the objects and the target construction surface. Accordingly, when displaying the construction plan drawing, the controller 30 can also display the position of each of the objects with respect to the target construction surface, and [0096] The virtual walls VW may be superimposed on an arrangement drawing or a construction plan drawing, and displayed on the display device D1. For example, after the operator checks images of the virtual walls VW displayed on the display device D1 by the controller 30, the virtual walls VW may be set by the operator pressing a setting button.
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
As per Claim 14
Yoichiro does not disclose,
The work machine according to claim 1, wherein
the control section is configured to divide a periphery of the work machine main body into four areas, which are a first area, a second area, a third area, and a fourth area, based on a revolving center of the revolving unit, the first area is an area on one side in a front-rear direction of the traveling unit, and the second area is an area on other side in the front-rear direction, the third area is an area on one side in a width direction of the traveling unit, and the fourth area is an area on other side in the width direction
the virtual wall includes a rectangular shape, and includes a first wall portion disposed along the width direction on the one side of the traveling unit, a second wall portion disposed along the width direction on the other side of the traveling unit, a third wall portion disposed along the front-rear direction on the one side in the width direction of the traveling unit, and a fourth wall portion disposed along the front-rear direction on the other side of the traveling unit, and
the control section is configured to set the first wall portion based on the position of the object specified in the first area, to set the second wall portion based on the position of the object specified in the second area, to set the third wall portion based on the position of the object specified in the third area, and to set the fourth wall portion based on the position of the object specified in the fourth area
Nishi teaches,
the control section is configured to divide a periphery of the work machine main body into four areas, which are a first area, a second area, a third area, and a fourth area, based on a revolving center of the revolving unit, the first area is an area on one side in a front-rear direction of the traveling unit, and the second area is an area on other side in the front-rear direction, the third area is an area on one side in a width direction of the traveling unit, and the fourth area is an area on other side in the width direction (see at least [0051] The front sensor 70F and the left sensor 70L may be arranged such that the front sensor 70F and the left sensor 70L partially overlap in the horizontal direction. Further, the left sensor 70L and the rear sensor 70B may be arranged such that the left sensor 70L and the rear sensor 70B partially overlap in the horizontal direction. Further, the rear sensor 70B and the right sensor 70R may be arranged such that detection ranges of the rear sensor 70B and the right sensor 70R may partially overlap in the horizontal direction. Further, the right sensor 70R and the front sensor 70F may be arranged such that the right sensor 70R and the front sensor 70F partially overlap in the horizontal direction)
the virtual wall includes a rectangular shape (see at least [0228] The graphic shape G2 represents a virtual wall VW set by the virtual wall setting part 30A. In the example of FIG. 13, the display device of the assist device 200 displays the graphic shape G2 representing the rectangular virtual wall VW extending along the left lane of the road)
the control section is configured to set the first wall portion based on the position of the object specified in the first area, to set the second wall portion based on the position of the object specified in the second area, to set the third wall portion based on the position of the object specified in the third area, and to set the fourth wall portion based on the position of the object specified in the fourth area (see at least [0095] the controller 30 sets virtual walls VW, based on the positions of the respective six road cones RC and the position of the fence FS. The virtual walls VW are walls that separate the working range of the shovel 100, and [0097] The virtual walls VW may function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Nishi teaches a method for a controller of a work vehicle to set virtual wall and restrict the movement of the actuator based on a positional relationship between the virtual wall and the work vehicle.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Nishi, with a reasonable expectation of success, to function as virtual protective walls that prevent contact between the shovel 100 and objects located on the outside of the virtual walls VW (0097).
Doi teaches,
includes a first wall portion disposed along the width direction on the one side of the traveling unit, a second wall portion disposed along the width direction on the other side of the traveling unit, a third wall portion disposed along the front-rear direction on the one side in the width direction of the traveling unit, and a fourth wall portion disposed along the front-rear direction on the other side of the traveling unit (see at least [0007] come up with an idea to set a virtual boundary surface outside a side surface of the upper slewing body to identify the position of an obstacle relative to the boundary surface. The boundary surface is set according to the upper slewing body, and therefore, in order to recognize the positional relationship between the boundary surface and the obstacle, it only has to recognize the position of the obstacle with reference to the upper slewing body, [0085] The area determination section 441 determines whether an obstacle exists within a predetermined area. The area determination section 441 includes a speed reduction determination section 4411 and a stop determination section 4412, [0087] With reference to FIG. 5, the speed reduction area 14A and the stop area 14B will be described, [0088] The speed reduction area 14A has an approximately constant width, and extends along the virtual boundary surface 142. In other words, the distance from the outer edge to the inner edge of the speed reduction area 14A is approximately constant over the entire length in an extending direction of the speed reduction area 14A).
Thus, Yoichiro discloses a construction machine with a upper revolving body, identifying obstacles and their position around the work area, and a method for controlling the movement of the upper swivel based on predefined monitoring area and Doi teaches a method for a movement control device to control the movement of the upper slewing body in such a way as to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface.
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inventions as disclosed by Yoichiro with the dynamic virtual wall as taught by Doi, with a reasonable expectation of success, to prevent the upper slewing body from coming into contact with the obstacle based on the position of the obstacle relative to the virtual boundary surface (0008).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants should take note of the prior art in the PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHUTOSH PANDE whose telephone number is (571)272-6269. The examiner can normally be reached Monday -Friday 9:00am -5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 5712721516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.P./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
Prosecution Insights