Office Action Predictor
Last updated: April 15, 2026
Application No. 18/707,205

AUTONOMOUS MINING VEHICLE CONTROL

Non-Final OA §101§103
Filed
May 03, 2024
Examiner
KINGSLAND, KYLE J
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Sandvik Mining And Construction Oy
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
79%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
164 granted / 212 resolved
+25.4% vs TC avg
Minimal +2% lift
Without
With
+1.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
38 currently pending
Career history
250
Total Applications
across all art units

Statute-Specific Performance

§101
7.5%
-32.5% vs TC avg
§103
44.8%
+4.8% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
18.4%
-21.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 212 resolved cases

Office Action

§101 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Status of the Claims This Office Action is in response to the Application filed on May 3, 2024. Claims 1-15 are presently pending and are presented for examination. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on May 3, 2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claims 11 and 15 are objected to because of the following informalities: Claims 11 and 15 are objected to because it is written in the form of an independent claim, yet it is dependent upon claim 1 and 12, respectively. The claims should be rewritten so that it is clear if this claim is intended to be an independent claim or if the claim is a dependent claim. Claim 15 currently reads “causes a method in accordance with claim 12”, however it refers to a method of claim 12 that has been previously introduced, and therefore should read -- causes the method in accordance with claim 12--. Appropriate correction is required. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 15 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is related to a computer readable medium which could be a transitory storage medium or signals per se, and therefore is not within one of the statutory categories. See MPEP 2106.03. 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. Claim(s) 1-8 and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashby et al. (US 20210148084; hereinafter Ashby) in view of Itai et al. (JP 2013231673; hereinafter Itai; already of record from IDS; see attached English translation for citations). In regards to claim 1, Ashby discloses of an apparatus for controlling a mining vehicle configured to perform an autonomous loading and hauling cycle including a sequence of operation phases performed in a predefined order in a mining automation system (“Some embodiments include an autonomous loader comprising a speed control system; a steering control system; a shovel control system; and a controller communicatively coupled with the speed control system, the steering control system, and the shovel control system. In some embodiments, the controller has code that instructs the shovel control system to place the shovel in a position to load the shovel; instructs the speed control system to move the autonomous loader into a load zone; determines whether the shovel has been filled with material from the load zone; instructs the shovel control system to raise the shovel a predetermined amount; determines a second time whether the shovel has been filled with material from the load zone; instructs the shovel control system to raise the shovel out of the load zone; and instructs the shovel control system to shake the shovel. (Abstract), see also Para 0039 and 0107), the apparatus comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code being configured to, with the at least one processor, cause the apparatus at least to (“The controller 150 may include a processor, such as the processor 154, and a memory device 156. The controller 150 may also include one or more storage devices and/or other suitable components (not shown). The processor 154 may be used to execute software, such as software for calculating drivable path plans. Moreover, the processor 154 may include multiple microprocessors, one or more “general-purpose” microprocessors, one or more special-purpose microprocessors, and/or one or more application specific integrated circuits (ASICS), or any combination thereof. For example, the processor 154 may include one or more reduced instruction set (RISC) processors. In some embodiments, the controller 150 may include any or all the components show in FIG. 8.” (Para 0047), see also Para 0102): receive, … driveline information indicative of at least a torque status of an electric motor of the mining vehicle (”At block 220 the torque may be monitored using a torque sensor. The torque sensor, for example, may be located within the transmission or on one of the axles. The torque sensor, for example, may provide torque data that may indicate the amount of torque applied by the motor to the wheels of the autonomous loader. If the torque is greater than a threshold value, then the process 200 proceeds to block 235. If not, then the process 200 proceeds to block 225. The threshold value, for example, may be 50,000, 100,000, 150,000, 200,000, 250,000 or 500,000 Newtons.” (Para 0067) and “Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed.” (Para 0039)); detect, on the basis of the driveline information … a phase change condition to change phase of the autonomous loading and hauling cycle performed by the mining vehicle, from a first phase of the autonomous loading and hauling cycle to a second phase of the autonomous loading and hauling cycle (“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Para 0039), see also Para 0067-0070), and control, in response to the detected phase change condition, the change of the phase of the autonomous loading and hauling cycle performed by the mining vehicle from the first phase of the autonomous loading and hauling cycle to the second phase of the autonomous loading and hauling cycle (“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Para 0039), see also Para 0067-0070). However, Ashby does not specifically disclose of receive, from an inverter unit of the mining vehicle, driveline information indicative of at least a torque status of an electric motor of the mining vehicle Itai, in the same field of endeavor, teaches of receive, from an inverter unit of the mining vehicle, driveline information indicative of at least a torque status of an electric motor of the mining vehicle (“The motor torque T during the electrical braking estimates from the current generated by the power generation of the drive motor 15 to the electric braking. It is also possible to estimate the torque by using the product of the DC voltage of the inverter and the DC current of the DC side of the inverter, etc., and other sensor information to estimate the motor torque of the electric braking the rotational speed of the wheel.” (Page 10 Para 0009), see also Page 4 Para 0007). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the receiving of the driveline information, as taught by Ashby, to include being received from an inverter, as taught by Itai, with a reasonable expectation of success in order to estimate the torque for the motor (Itai Page 10 Para 0009). In regards to claim 2, Ashby in view of Itai teaches of the apparatus of claim 1, wherein the first phase and the second phase comprise an autonomous driving phase and an automatic loading phase (“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Ashby Para 0039), see also Ashby Para 0067-0071). In regards to claim 3, Ashby in view of Itai teaches of the apparatus of claim 1, wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to, in response to entering the second phase, control a position of a boom of the mining vehicle, a position of a bucket of the mining vehicle, and/or speed of the mining vehicle on a basis of a set of control parameters defined for the second phase of the autonomous loading and hauling cycle ((“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Ashby Para 0039), “At block 240, if the counter, n, does not equal the repeat counter then process 200 proceeds to block 245 where the shovel is raised slightly. This slight raise, for example, may allow for the additional collection of material from the load zone. A slight raise, for example, may include a raise of 0.5, 1.0, 1.5, 2.0, 2.5, 3.0 ft, etc. The repeat counter, for example, may equal 1, 2, 3, 4, etc. The repeat counter indicates the number of times the shovel is slightly raised and additional material is gathered from the load. The process may then proceed back to 215 and a portion of the process 200 may be repeated.” (Ashby Para 0071) see also Ashby Para 0067-0070). In regards to claim 4, Ashby in view of Itai teaches of the apparatus of claim 1 wherein the first phase and the second phase are phases of an automatic adaptive loading procedure of or associated with the cycle, the automatic adaptive loading procedure being associated with a set of control profiles to control position of the bucket of the mining vehicle and/or the boom of the mining vehicle, and the change to the second phase causes performing a control profile selected from the set of control profiles (“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Ashby Para 0039), “At block 240, if the counter, n, does not equal the repeat counter then process 200 proceeds to block 245 where the shovel is raised slightly. This slight raise, for example, may allow for the additional collection of material from the load zone. A slight raise, for example, may include a raise of 0.5, 1.0, 1.5, 2.0, 2.5, 3.0 ft, etc. The repeat counter, for example, may equal 1, 2, 3, 4, etc. The repeat counter indicates the number of times the shovel is slightly raised and additional material is gathered from the load. The process may then proceed back to 215 and a portion of the process 200 may be repeated.” (Ashby Para 0071) see also Ashby Para 0067-0070); wherein entering the second phase results in a desired profile to be executed, where the first phase has a different profile). In regards to claim 5, Ashby in view of Itai teaches of the apparatus of claim 4, wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to select the control profile based on the driveline information ((“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Ashby Para 0039), “At block 240, if the counter, n, does not equal the repeat counter then process 200 proceeds to block 245 where the shovel is raised slightly. This slight raise, for example, may allow for the additional collection of material from the load zone. A slight raise, for example, may include a raise of 0.5, 1.0, 1.5, 2.0, 2.5, 3.0 ft, etc. The repeat counter, for example, may equal 1, 2, 3, 4, etc. The repeat counter indicates the number of times the shovel is slightly raised and additional material is gathered from the load. The process may then proceed back to 215 and a portion of the process 200 may be repeated.” (Ashby Para 0071), (“The controller 150 may include a processor, such as the processor 154, and a memory device 156. The controller 150 may also include one or more storage devices and/or other suitable components (not shown). The processor 154 may be used to execute software, such as software for calculating drivable path plans. Moreover, the processor 154 may include multiple microprocessors, one or more “general-purpose” microprocessors, one or more special-purpose microprocessors, and/or one or more application specific integrated circuits (ASICS), or any combination thereof. For example, the processor 154 may include one or more reduced instruction set (RISC) processors. In some embodiments, the controller 150 may include any or all the components show in FIG. 8.” (Para 0047), see also Ashby Para 0067-0070 and 0102); wherein entering the second phase results in a desired profile to be executed, where the first phase has a different profile). In regards to claim 6, Ashby in view of Itai teaches of the apparatus of claim 4, wherein the control profile includes torque reference data, and the phase change condition is detected on the basis of the torque reference data (“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Ashby Para 0039), “At block 240, if the counter, n, does not equal the repeat counter then process 200 proceeds to block 245 where the shovel is raised slightly. This slight raise, for example, may allow for the additional collection of material from the load zone. A slight raise, for example, may include a raise of 0.5, 1.0, 1.5, 2.0, 2.5, 3.0 ft, etc. The repeat counter, for example, may equal 1, 2, 3, 4, etc. The repeat counter indicates the number of times the shovel is slightly raised and additional material is gathered from the load. The process may then proceed back to 215 and a portion of the process 200 may be repeated.” (Ashby Para 0071) see also Ashby Para 0067-0070); wherein entering the second phase results in a desired profile to be executed, where the first phase has a different profile). In regards to claim 7, Ashby in view of Itai teaches of the apparatus of claim 1 wherein detecting of the phase change condition includes detecting the torque status to meet a threshold value, wherein a first threshold value is set to detect the mining vehicle to enter or approach a pile and a second threshold value is set to detect the mining vehicle to enter a drive stop element (“Systems and methods are disclosed for an autonomous loader to approach a work zone and retrieve a load. In some embodiments, the autonomous loader may push a bucket (or shovel) into a work zone until the autonomous loader senses that the shovel is or is likely filled with a load. In some embodiments, the autonomous loader may sense that one or more wheels are slipping, that autonomous loader has stopped moving forward, that the torque on an axle has exceeded a threshold, or that a certain period of time has elapsed. In some embodiments, once the autonomous loader senses the shovel is likely filled with a load, the autonomous loader may raise the shovel a slight amount or change the roll, yaw, and/or pitch of the bucket to have another approach at the load zone to ensure the shovel has been filled. The autonomous loader may then press the shovel again into the load zone until it sense that the shovel has been or is likely filed. The autonomous loader may repeat this process any number of times. The autonomous loader may then shake the shovel to remove portions of the load that are likely to fall out of the shovel during transport to the dump truck.” (Ashby Para 0039), “At block 220 the torque may be monitored using a torque sensor. The torque sensor, for example, may be located within the transmission or on one of the axles. The torque sensor, for example, may provide torque data that may indicate the amount of torque applied by the motor to the wheels of the autonomous loader. If the torque is greater than a threshold value, then the process 200 proceeds to block 235. If not, then the process 200 proceeds to block 225. The threshold value, for example, may be 50,000, 100,000, 150,000, 200,000, 250,000 or 500,000 Newtons.” (Ashby Para 0067), “At block 225 wheel slippage can be monitored. Wheel slippage can be determined based on the rotation of one or more axles in comparison with movement of the autonomous loader 305 such as, for example, as measured by an accelerometer, radar, a geolocation sensor, or a speedometer. For example, if the wheels are rotating yet the autonomous loader isn't moving or isn't moving as much as anticipated, then it can be determined that the wheels are slipping. Slippage, for example may be determined if the ratio of the speed of the autonomous loader vs. axle rotation is less than a threshold value or the ratio of axle rotation vs. the speed is greater than a threshold value. If it is determined that slippage has occurred, then process 200 moves to block 235. If slippage has not occurred, then process 200 proceeds to block 230.” (Ashby Para 0068), “At block 235 the throttle may be reduced and/or the brakes may be engaged.” (Ashby Para 0070), see also Ashby Para 0069 and 0071; wherein the loader approaches the pile if a threshold torque is not exceeded and it reduces the speed or stops if a threshold torque is reached). In regards to claim 8, Ashby in view of Itai teaches of the apparatus of claim 1 wherein the driveline information from the inverter unit is indicative of driveline rotational speed and the torque status “At block 220 the torque may be monitored using a torque sensor. The torque sensor, for example, may be located within the transmission or on one of the axles. The torque sensor, for example, may provide torque data that may indicate the amount of torque applied by the motor to the wheels of the autonomous loader. If the torque is greater than a threshold value, then the process 200 proceeds to block 235. If not, then the process 200 proceeds to block 225. The threshold value, for example, may be 50,000, 100,000, 150,000, 200,000, 250,000 or 500,000 Newtons.” (Ashby Para 0067), “At block 225 wheel slippage can be monitored. Wheel slippage can be determined based on the rotation of one or more axles in comparison with movement of the autonomous loader 305 such as, for example, as measured by an accelerometer, radar, a geolocation sensor, or a speedometer. For example, if the wheels are rotating yet the autonomous loader isn't moving or isn't moving as much as anticipated, then it can be determined that the wheels are slipping. Slippage, for example may be determined if the ratio of the speed of the autonomous loader vs. axle rotation is less than a threshold value or the ratio of axle rotation vs. the speed is greater than a threshold value. If it is determined that slippage has occurred, then process 200 moves to block 235. If slippage has not occurred, then process 200 proceeds to block 230.” (Ashby Para 0068), “The motor torque T during the electrical braking estimates from the current generated by the power generation of the drive motor 15 to the electric braking. It is also possible to estimate the torque by using the product of the DC voltage of the inverter and the DC current of the DC side of the inverter, etc., and other sensor information to estimate the motor torque of the electric braking the rotational speed of the wheel.” (Itai Page 10 Para 0009), see also Ashby Para 0039). The motivation for combining Ashby and Itai is the same as that recited for claim 1 above. In regards to claim 10, Ashby in view of Itai teaches of the apparatus of claim 1 wherein the detecting of the change condition further includes detecting a wheel slip condition and/or a temporal threshold value (“At block 220 the torque may be monitored using a torque sensor. The torque sensor, for example, may be located within the transmission or on one of the axles. The torque sensor, for example, may provide torque data that may indicate the amount of torque applied by the motor to the wheels of the autonomous loader. If the torque is greater than a threshold value, then the process 200 proceeds to block 235. If not, then the process 200 proceeds to block 225. The threshold value, for example, may be 50,000, 100,000, 150,000, 200,000, 250,000 or 500,000 Newtons.” (Ashby Para 0067), “At block 225 wheel slippage can be monitored. Wheel slippage can be determined based on the rotation of one or more axles in comparison with movement of the autonomous loader 305 such as, for example, as measured by an accelerometer, radar, a geolocation sensor, or a speedometer. For example, if the wheels are rotating yet the autonomous loader isn't moving or isn't moving as much as anticipated, then it can be determined that the wheels are slipping. Slippage, for example may be determined if the ratio of the speed of the autonomous loader vs. axle rotation is less than a threshold value or the ratio of axle rotation vs. the speed is greater than a threshold value. If it is determined that slippage has occurred, then process 200 moves to block 235. If slippage has not occurred, then process 200 proceeds to block 230.” (Ashby Para 0068), See also Ashby Para 0039). In regards to claim 11, Ashby in view of Itai teaches of a mining vehicle, comprising the apparatus of claim 1 (“Some embodiments include an autonomous loader comprising a speed control system; a steering control system; a shovel control system; and a controller communicatively coupled with the speed control system, the steering control system, and the shovel control system. In some embodiments, the controller has code that instructs the shovel control system to place the shovel in a position to load the shovel; instructs the speed control system to move the autonomous loader into a load zone; determines whether the shovel has been filled with material from the load zone; instructs the shovel control system to raise the shovel a predetermined amount; determines a second time whether the shovel has been filled with material from the load zone; instructs the shovel control system to raise the shovel out of the load zone; and instructs the shovel control system to shake the shovel. (Abstract)”. In regards to claims 12-14, the claims recite analogous limitations to claims 1, 3, and 4, respectively, and are therefore rejected on the same premise. In regards to claim 15, Ashby in view of Itai teaches of a computer readable medium comprising program code for, when executed in a data processing apparatus, causes a method in accordance with claim 12 to be performed (“The controller 150 may include a processor, such as the processor 154, and a memory device 156. The controller 150 may also include one or more storage devices and/or other suitable components (not shown). The processor 154 may be used to execute software, such as software for calculating drivable path plans. Moreover, the processor 154 may include multiple microprocessors, one or more “general-purpose” microprocessors, one or more special-purpose microprocessors, and/or one or more application specific integrated circuits (ASICS), or any combination thereof. For example, the processor 154 may include one or more reduced instruction set (RISC) processors. In some embodiments, the controller 150 may include any or all the components show in FIG. 8.” (Para 0047), see also Para 0102). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ashby in view of Itai as applied to claim 1 above, and further in view of Vollmar et al. (US 20230109143; hereinafter Vollmar) In regards to claim 9, Ashby in view of Itai teaches of the apparatus of claim 1. However Ashby in view of Itai does not specifically teach of wherein the mining vehicle includes at least two electric motors, the driveline information includes at least two torque status inputs, and at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to detect the status change condition in response to at least one of the torque status inputs meeting a phase change trigger condition. Vollmar, in the same field of endeavor, teaches of the mining vehicle includes at least two electric motors, the driveline information includes at least two torque status inputs, and at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to detect the status change condition in response to at least one of the torque status inputs meeting a phase change trigger condition (“The central processor receives signals from each motor controller 40 and transmitters 94 and/or receivers 96 from one or more sensors 30 related to traction, slip, weight, and/or load at each electric motor 16 and/or wheel 14. In other words, sensor 30 data is communicated to the processor and provides feedback to an operator, automates operation of electric loader, display 74 warnings, and/or enhance independent traction and/or drive of each wheel 14 independently.” (Para 0097), “The processor may include various sensors 30 to detect slipping at each wheel 14. In some embodiments, when signals from sensor 30 detect slipping the processor can reduce power to an affected wheel 14 (e.g., independently of the power delivered to other wheels 14) to reduce and/or eliminate the slip. Similar learning processes may be used to program the processor. For example, repeated passes over a sloped environment traditionally require an operator to countersteer against the slope to drive in a straight line. Similarly, wind, and unbalanced load, and/or other environmental effects may require an operator to countersteer to drive a conventional loader. In some embodiments, sensors 30 can detect wind, unbalanced loads, and/or slope changes while operating electric loader 10 and compensate the power delivered to each wheel 14 to reduce or eliminate the required operator input. In other words, an operator can drive straight (e.g., without any offset) along a base of a hill or other slope. Similarly, a load sensor 30 on a bucket of electric loader 10 can detect an unbalanced load, and the processor can automatically scale power to electric motors 16 coupled directed to each wheel 14 to offset and/or eliminate the environmental pressures. As noted above, in various embodiments, The processor can use sensors to automate control of each wheel 14 independently and/or receive user input to control traction of each wheel 14.” (Para 0074)). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the receiving of the torque status inputs, as taught by Ashby in view of Itai, to include being from two electric motors each with a torque status, as taught by Vollmar, with a reasonable expectation of success in order to determine the slip of each wheel interpedently (Vollmar Para 0097 and 0074). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Samuelsson et al. (US 20230028338) discloses of determining a construction vehicle is being loaded and then enters a zero torque mode while being loaded. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Mon-Fri 8:00-4:30. 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, Abby Flynn can be reached at (571) 272-9855. 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. /KYLE J KINGSLAND/Examiner, Art Unit 3663
Read full office action

Prosecution Timeline

May 03, 2024
Application Filed
Oct 24, 2025
Non-Final Rejection — §101, §103
Mar 27, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12595699
VEHICLE INCLUDING A CAP THAT IS AUTOMATICALLY SEPARATED FROM A VEHICLE BODY
2y 5m to grant Granted Apr 07, 2026
Patent 12589784
SYSTEM AND METHOD FOR A VIRTUAL APPROACH SIGNAL
2y 5m to grant Granted Mar 31, 2026
Patent 12576727
DIFFERENTIAL ELECTRICAL DRIVE ARRANGEMENT FOR HEAVY DUTY VEHICLES
2y 5m to grant Granted Mar 17, 2026
Patent 12570246
MULTI-STANCE AERIAL DEVICE CONTROL AND DISPLAY
2y 5m to grant Granted Mar 10, 2026
Patent 12565756
WORK MACHINE AND INFORMATION PROCESSING DEVICE
2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
79%
With Interview (+1.6%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 212 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in for Full Analysis

Enter your email to receive a magic link. No password needed.

Free tier: 3 strategy analyses per month