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 14, 2024. Claims 1-6 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 14, 2024 are 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 § 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 6 is 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 it is drawn to a “control program”, which is not one of the four statutory categories. It is noted that a “control program” does not have a physical or tangible form as claimed and is software per se, therefore the claim is not directed to any of the statutory categories (see MPEP 2106.03).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crozier et al. (US 20160054114; hereinafter Crozier).
In regards to claim 1, Crozier discloses of a work support system which supports an operation of an operator who operates a work machine (“An integrated sensing device with a suite of sensors assists construction machine operators in finding the correct level to dig a ditch/trench. The sensing device includes a gravity sensor to determine angles, a laser distance meter (LDM), and a laser receiver for detecting a known jobsite elevation. The sensing device is mounted to the dipper stick of an excavator; the gravity sensor detects the angle of the stick, and the laser receiver detects a laser plane of light that represents a known jobsite elevation. The LDM is aimed at another member of the machine that moves in a predetermined path as the bucket is rotated, to and the distance between the LDM and the target member is used to calculate the vertical elevation of the working tool edge. A display graphically shows the operator the proper dig depth and the present position of the working tool edge.” (Abstract), see also Para 0044), the work support system comprising:
a laser beacon which emits laser light to perform scanning (“The stick 208 is controlled by a stick cylinder 216 that is also attached to the boom 206, and the bucket 210 is controlled by the bucket cylinder 214, which is also attached to the stick 208. The cab 204 is mounted to a set of treads 202, which is how the excavator maneuvers on a typical construction jobsite. On FIG. 1, a laser transmitter is mounted on a tripod, in which the tripod is at reference numeral 94 and the laser transmitter is at reference numeral 92. In many construction jobsites, the laser transmitter emits a rotating laser beam, thereby creating a laser plane, which is generally designated by the reference numeral 90 on FIG. 1. It will be understood that the mounting position of the sensing device 10 can be made so it can be adjusted up or down along the length of the bucket cylinder housing. This will allow the laser receiver photosensors to be positioned along a greater distance, to accommodate situations where the excavator has to make deeper or shallower digs with respect to the position of the rotating laser plane 90.” (Para 0043), see also Para 0046)); and
a portable information terminal device (“The processor 26 determines several parameters including the vertical distance from the working tool edge to the intersection of the laser plane and photodetector sensors. This parameter is compared to the desired same distance and output to the display 32 to give the operator off grade readout information. The sensing device 10 has a keypad at 30, which allows the operator to set up the sensing device and put it into a particular operating mode, as desired. Processing circuit 26 has several output signals, including to a local display (or lighted indicators) 32 that can give the operator visual readout information (while setting up the sensing device 10, for example), and to a small optional beeper 34 to get the attention of the operator, as needed. In addition to the above “on-board” output devices, there is a communications circuit 44 that sends signals to the remote display 36 monitor, which is the device that is positioned proximal to the operator of the earthmoving machine. Communications circuit 44 can be either a wireless device, or a “wired” device—a choice made by the overall system designer or by the setup man. (A wireless system is preferred.)” (Para 0048), see also Para 0059),
the work machine (“Referring now to FIG. 1, an excavator machine, generally designated by the reference numeral 200, is depicted as in the process of digging a ditch, and it has a sensing device (also sometimes referred to herein as an “integrated sensing device”) constructed according to the principles of the technologies disclosed herein that is mounted to the bucket cylinder on the stick of the excavator. The sensing device is generally designated by the reference numeral 10, and it is mounted to the bucket cylinder 214. The machine's dipper stick 208 is pivotally attached to a bucket 210 that has a working tool edge at 212. The upper end of the stick 208 is pivotally attached to a boom 206 which is pivotally attached to the cab 204 (or main body, sometimes called the “platform”) of the excavator.” (Para 0042) comprising:
a detection device which is held on a movable part of the work machine, and acquires attitude information on the movable part by means of a sensor and outputs the attitude information (“Yet another sensor is an optional boom angle sensor 42, which typically would be mounted on the boom 208 of the excavator 200, and also typically would be a gravity to sensing instrument, much like the angle sensor 40.” (Para 0047), “Referring now to FIG. 4, this view is essentially identical to that depicted in FIG. 1, except the boom angle sensor has been added at 42. The mounting position of the boom angle sensor 42 is exemplary only, and it could be mounted virtually anywhere on the boom, as desired by the system designer. A similar statement can be made about the positioning of the sensing device 10 or 11, although it must be mounted such that the laser distance meter is aiming at an appropriate target that will move in a predetermined movement pathway at the same time the bucket 210 is rotated. Several example excavator members and target locations will now be discussed herein.” (Para 0051));
a body device which acquires the attitude information from the detection device and transmits the attitude information by data communication via wireless communication, and also receives and displays support information for supporting the operation of the operator by data communication via the wireless communication (“Yet another sensor is an optional boom angle sensor 42, which typically would be mounted on the boom 208 of the excavator 200, and also typically would be a gravity to sensing instrument, much like the angle sensor 40. “ (Para 0047), “The processor 26 determines several parameters including the vertical distance from the working tool edge to the intersection of the laser plane and photodetector sensors. This parameter is compared to the desired same distance and output to the display 32 to give the operator off grade readout information. The sensing device 10 has a keypad at 30, which allows the operator to set up the sensing device and put it into a particular operating mode, as desired. Processing circuit 26 has several output signals, including to a local display (or lighted indicators) 32 that can give the operator visual readout information (while setting up the sensing device 10, for example), and to a small optional beeper 34 to get the attention of the operator, as needed. In addition to the above “on-board” output devices, there is a communications circuit 44 that sends signals to the remote display 36 monitor, which is the device that is positioned proximal to the operator of the earthmoving machine. Communications circuit 44 can be either a wireless device, or a “wired” device—a choice made by the overall system designer or by the setup man. (A wireless system is preferred.)” (Para 0048), see also Fig 3 Parts 26 and 42 and Para 0051)); and
a light receiver which is held on the movable part, and receives the laser light and notifies the operator (“The operator in the cab 204 has some type of computer display at 300, which receives signals from the sensing device 10, which helps the operator to decide how deep the bucket cutting edge 212 should be when digging a ditch or a trench. The sensing device 10 includes an electronic distance measuring device 50 (see FIG. 2), which typically comprises a laser distance meter (also referred to as an “LDM”) that emits a laser beam at the reference to numeral 12. The laser distance meter can measure the distance between its emitting port 55 on the sensing device 10 and one of the machine parts, as is described below in greater detail.” (Para 0044), “FIG. 2 is a hardware block diagram that depicts many of the major electronic components for the sensing device 10. In sensing device 10, a photodetector array or a rod sensor is used to detect the position in which the laser plane 90 is intersecting the sensing device 10. On FIG. 2, the photosensors are generally depicted by the reference numeral 20. Typically, such a photodetector array or rod sensor will have two outputs, and each output is directed through an individual amplifier 22 or 24. These signals are directed to some type of microprocessor or microcontroller at 26, which will typically contain at least one analog-to-digital converter (also called an “ADC”), which converts the signals from the outputs of the amplifiers 22 and 24 into digital numbers. The processing circuit 26 will have some associated memory elements that are generally depicted at the reference numeral 28, as a memory circuit. If the processor 26 is a microcontroller, the memory elements 28 will typically be on-board that processor chip; however, that is not required.” (Para 0045), see also Fig 4 Parts 10, 11, and 12), wherein
the portable information terminal device:
detects, in response to an instruction from the operator, a measurement reference location of the movable part from the attitude information with reference to a light reception position of the laser light obtained by the light receiver to set the support information (“Once the calibration is completed, the display will present the mode menu options (at decision step 102): “Revise or Check Configuration”, “Revise or Check Calibration”, and “Job Setup.” If the Job Setup option is selected, then on the drawings, the logic flow travels from FIG. 11 to FIG. 12, through a letter “A”. Arriving at FIG. 12 a step 130 begins the Job Setup mode. At step 132 the jobsite data is entered by the excavator machine operator, and includes certain information, such as the name of the jobsite or its address, the site's location in x-y-z coordinates (such as GPS coordinates), and also the dig designation that is about to be performed by the excavator machine. At a step 132, the operator now enters the dig data. This include the dig azimuth angle, the dig slope angle (which determines whether the dig is uphill or downhill), and the offset distance between a benchmark and the desired grade start elevation. Any other information that is desired by a particular contractor for the jobsite data or dig data can be added to the data listed on FIG. 12.” (Para 0067), “At a step 138, the operator now selects the type of display that will be depicted on the monitor. For example, one display would be a slope angle versus bucket position. Another type of display would be the “offgrade,” which is a differential distance between the bucket working edge and the desired dig elevation. Example displays are provided for these two types of displays, at FIGS. 14-17. The user will be prompted to place the working tool edge at the desired digging elevation start point or at a benchmark (BM) at a step 140. A decision step 142 now determines if the configuration is a device 10 (of the first configuration) and no boom tilt sensor is installed, the user may want to re-position the device in order to best intercept the laser plane. The user is then prompted to press a key to indicate the tool is at its desired position and the system collects the sensor readings, stores the readings, and determines that position via the sensor readings. For configurations with laser receiver and no boom tilt sensor, laser strikes must be present during the bench step. “ (Para 0068), “For systems with a laser receiver and boom tilt sensor, the benching could take two steps in which the working tool edge is placed at desired position in first step and the laser receiver intercepts the laser plane in a second step as long as the boom pin elevation does not change between steps these two steps. Next a prompt will ask if the device offset to was changed at a decision step 144. If so, then the user may perform a device re-position routine at a step 146 (to fully extend and/or retract the bucket cylinder), or the user may manually measure the device offset and enter it into system memory to update the device offset. The routine is now finished and returns at a step 148.” (Para 0069), see also Fig 12 and 13); and
updates the support information based on the attitude information (“Once the LDM input is active, the control logic is directed to a decision step 164 which determines if the laser plane is being detected. If not, the operator will now position the stick correctly, or fix the problem if there is a hardware problem, at a step 166. (Note, this is only a requirement for a sensing device 10 (i.e., the first configuration) with no boom tilt sensor.) Once the laser plane has been detected, the logic flow is directed to a step 170 that prompts the operator to indicate when the dig begins. Again, the operator is asked to provide a manual input to the equipment at a step 172, or a benching function could be performed. Once that has occurred, a step 174 will now continuously update the display screen on the monitor so the operator can view the actual working tool edge elevation as compared to the desired elevation for this particular dig operation.” (para 0071), “At a step 138, the operator now selects the type of display that will be depicted on the monitor. For example, one display would be a slope angle versus bucket position. Another type of display would be the “offgrade,” which is a differential distance between the bucket working edge and the desired dig elevation. Example displays are provided for these two types of displays, at FIGS. 14-17. The user will be prompted to place the working tool edge at the desired digging elevation start point or at a benchmark (BM) at a step 140. A decision step 142 now determines if the configuration is a device 10 (of the first configuration) and no boom tilt sensor is installed, the user may want to re-position the device in order to best intercept the laser plane. The user is then prompted to press a key to indicate the tool is at its desired position and the system collects the sensor readings, stores the readings, and determines that position via the sensor readings. For configurations with laser receiver and no boom tilt sensor, laser strikes must be present during the bench step. “ (Para 0068), “For systems with a laser receiver and boom tilt sensor, the benching could take two steps in which the working tool edge is placed at desired position in first step and the laser receiver intercepts the laser plane in a second step as long as the boom pin elevation does not change between steps these two steps. Next a prompt will ask if the device offset to was changed at a decision step 144. If so, then the user may perform a device re-position routine at a step 146 (to fully extend and/or retract the bucket cylinder), or the user may manually measure the device offset and enter it into system memory to update the device offset. The routine is now finished and returns at a step 148.” (Para 0069), see also Fig 12 and 13 and Para 0072).
In regards to claim 2, Crozier discloses of the work support system according to claim 1, wherein:
the work machine is a hydraulic shovel (“Referring now to FIG. 1, an excavator machine, generally designated by the reference numeral 200, is depicted as in the process of digging a ditch, and it has a sensing device (also sometimes referred to herein as an “integrated sensing device”) constructed according to the principles of the technologies disclosed herein that is mounted to the bucket cylinder on the stick of the excavator. The sensing device is generally designated by the reference numeral 10, and it is mounted to the bucket cylinder 214. The machine's dipper stick 208 is pivotally attached to a bucket 210 that has a working tool edge at 212. The upper end of the stick 208 is pivotally attached to a boom 206 which is pivotally attached to the cab 204 (or main body, sometimes called the “platform”) of the excavator.” (Para 0042), see also Fig 1); and
the measurement reference location is a distal end of a bucket of the hydraulic shovel “At a step 138, the operator now selects the type of display that will be depicted on the monitor. For example, one display would be a slope angle versus bucket position. Another type of display would be the “offgrade,” which is a differential distance between the bucket working edge and the desired dig elevation. Example displays are provided for these two types of displays, at FIGS. 14-17. The user will be prompted to place the working tool edge at the desired digging elevation start point or at a benchmark (BM) at a step 140. A decision step 142 now determines if the configuration is a device 10 (of the first configuration) and no boom tilt sensor is installed, the user may want to re-position the device in order to best intercept the laser plane. The user is then prompted to press a key to indicate the tool is at its desired position and the system collects the sensor readings, stores the readings, and determines that position via the sensor readings. For configurations with laser receiver and no boom tilt sensor, laser strikes must be present during the bench step. “ (Para 0068), “Referring now to FIG. 9, the same excavator elements are illustrated as were also depicted in FIGS. 5 and 7. On FIG. 9, a different type of target device has been mounted to the bucket, proximal to the bracket 226. This target device is generally designated by the reference numeral 270, and could be any size or shape, but is illustrated as elliptical in its shape, which can be customized for a particular excavator configuration with respect to how its bucket movements create a spatial pathway as the bucket is rotated. In general, the target 270 will be shaped to provide an easily-defined geometric relationship for the equations that are used to calculate the bucket working edge 212 position with respect to the distance to the target 270. On FIG. 9, a certain portion of the surface of the target 270 can optionally be coated with reflective tape or it can optionally be painted in a reflective paint, and that portion is indicated at the reference numeral 272. This can be more easily seen on FIG. 10, which is a perspective view of this same arrangement of FIG. 9. As can be more easily seen on FIG. 10, the sensing device 10, 11 is this time mounted on the side of the dipper stick 208. This is so it can be better aimed at the target area, which is along the side of the dogbone member 222.” (Para 0057)).
In regards to claim 3, Crozier discloses of the work support system according to claim 2, wherein
the portable information terminal device sets, based on the attitude information, an intermediate position between a position at which the distal end of the bucket becomes most distant from a main body and a position at which the distal end of the bucket becomes closest to the main body as a laser light receiving condition, and notifies the operator of the laser light receiving condition (“For systems with a laser receiver and boom tilt sensor, the benching could take two steps in which the working tool edge is placed at desired position in first step and the laser receiver intercepts the laser plane in a second step as long as the boom pin elevation does not change between steps these two steps. Next a prompt will ask if the device offset to was changed at a decision step 144. If so, then the user may perform a device re-position routine at a step 146 (to fully extend and/or retract the bucket cylinder), or the user may manually measure the device offset and enter it into system memory to update the device offset. The routine is now finished and returns at a step 148.” (Para 0069), “Once the LDM input is active, the control logic is directed to a decision step 164 which determines if the laser plane is being detected. If not, the operator will now position the stick correctly, or fix the problem if there is a hardware problem, at a step 166. (Note, this is only a requirement for a sensing device 10 (i.e., the first configuration) with no boom tilt sensor.) Once the laser plane has been detected, the logic flow is directed to a step 170 that prompts the operator to indicate when the dig begins. Again, the operator is asked to provide a manual input to the equipment at a step 172, or a benching function could be performed. Once that has occurred, a step 174 will now continuously update the display screen on the monitor so the operator can view the actual working tool edge elevation as compared to the desired elevation for this particular dig operation.” (Para 0071), see also Fig 12 and 14-15).
In regards to claim 4, Crozier discloses of the work support system according to claim 1, wherein
the light receiver comprises a signal conversion device which converts a notification to the operator such that the notification is recognizable by the operator in a cockpit of the work machine (“The logic flow now directs the operator back to decision step 102 on FIG. 11, which asks which mode should now be executed by the control software. The operator is now ready to enter the “dig” mode, and the logic flow is directed to FIG. 13 through the letter “B”. Arriving now at FIG. 13, a step 150 begins the Dig mode. The control software will now show the setup data on the monitor of choice, at a step 152. A step 154 now queries the operator to prepare the excavator machine to begin at the initial dig position for this particular operation. A decision step 160 now determines if the laser distance meter input is active. In other words, is the electronic distance measuring device successfully emitting a laser beam and receiving a reflected laser beam (or other type of beam if laser light is not being used). If the answer is no, then the operator should fix the problem at a step 162. “ (Para 0070), “Once the LDM input is active, the control logic is directed to a decision step 164 which determines if the laser plane is being detected. If not, the operator will now position the stick correctly, or fix the problem if there is a hardware problem, at a step 166. (Note, this is only a requirement for a sensing device 10 (i.e., the first configuration) with no boom tilt sensor.) Once the laser plane has been detected, the logic flow is directed to a step 170 that prompts the operator to indicate when the dig begins. Again, the operator is asked to provide a manual input to the equipment at a step 172, or a benching function could be performed. Once that has occurred, a step 174 will now continuously update the display screen on the monitor so the operator can view the actual working tool edge elevation as compared to the desired elevation for this particular dig operation.” (Para 0071), see also Fig 12 and 14-15).
In regards to claims 5-6, the claims recite analogous limitations to claim 1 and are therefore rejected on the same premise.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakazawa et al. (US 20210395982) discloses of determining a position of an implement and measuring the position of the implement based on a lidar sensor.
Kean et al. (US 20230092265) discloses of determining a plane of a laser reference based on positions that laser references were received and controlling an implement accordingly.
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.
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/KYLE J KINGSLAND/ Examiner, Art Unit 3663