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 May 21, 2024. Claims 1-13 are pending. Claims 1 and 12 are independent.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on May 21, 2024 and August 23, 2024 have been considered. The submission is in compliance with the provisions of 37 CFR 1.97. The Forms PTO-1449 are signed and attached hereto.
Drawings
The drawings are objected to because every box in the drawing should have a descriptive label on it (See Figure 1 and Figure 2). 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 § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5-9 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2018/0054954 to De Nale et al. (hereinafter “De Nale”).
Claims 1-3, 5-9 and 11-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by De Nale.
With respect to independent claims 1 and 12, De Nale discloses reading-in (S0) information about action instructions (4, 6, 8), wherein for each action instruction (4, 6, 8) information on a respective position and information on up to an orientation (4 a; 6 a) in each case is read in (see paragraphs [0031] and [0035]: The HMS 30 is configured to allow an operator to modify at least one HTS event on the real-time map, even “on-the-fly” during operation of the vehicle 10. The term “real-time”, as used herein with respect to the visual display 46, is intended to cover the situation where the visual display is continually updated as the operator modifies at least one HTS event on the visual display 46, as well as the situation where the visual display is updated until the time that the operator signals to add/delete/change triggers on the new actiovisual display 46 and the display is paused while the modification is made. Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle.);
detecting (S3) a position of the working machine (2) (see paragraph [0035]: The position of the vehicle 10 is automatically updated using the GPS sensor 44, while the event triggers associated with a current state of the at least one component are sensed variables.);
determining (S3.1) a change in position of the working machine (2) (see paragraph [0031]: The HMS 30 is configured to display a real-time map on the visual display 46, including a position of the vehicle 10 on the map. The HMS 30 is configured to allow an operator to modify at least one HTS event on the real-time map, even “on-the-fly” during operation of the vehicle 10.);
determining (S4) a driving direction (2 a) of the working machine on the basis of the change in position of the working machine (2) (see paragraph [0024]: the vehicle 10 is turned around approximately 180°, and the implement 12 is reengaged with the soil as the vehicle 10 leaves the headland 20 and traverses in an opposite direction across the field 14. Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle.);
determining (S5.1) whether an orientation (4 a; 6 a) of the action instruction (4; 6) matches the driving direction (2 a) of the working machine (2) within a first tolerance (see paragraph [0035]: Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle. The position of the vehicle 10 is automatically updated using the GPS sensor 44, while the event triggers associated with a current state of the at least one component are sensed variables.);
determining (S7), for action instructions (4; 6; 8) having an orientation (4 a; 6 a) that differs from the driving direction (2 a) by no more than the first tolerance, an absolute distance between the working machine (2) and the action instruction (4; 6; 8) concerned based on the position of the working machine (2) and the respective position of the action instruction (4; 6; 8) (see paragraphs [0033] and [0035]: the operator can “drag and drop” an HTS event (more simply referred to as a “function” on the map) to a desired location on the map. Other ways of modifying the HTS event could be with a mouse, a pointer, arrows on a keyboard, etc. Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle. The position of the vehicle 10 is automatically updated using the GPS sensor 44, while the event triggers associated with a current state of the at least one component are sensed variables.);
determining (S8), for action instructions (4; 6; 8) having an absolute distance smaller than a first pre-definable value, a relative distance between the working machine (2) and the action instruction (4; 6; 8) concerned in the driving direction (2 a) of the working machine (2) and transversely to the driving direction (2 a) of the working machine (2) on the basis of the position of the action instruction (4; 6; 8) concerned, the position of the working machine (2) and the driving direction (2 a) of the working machine (2) (see paragraph [0035]: Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle. The position of the vehicle 10 is automatically updated using the GPS sensor 44, while the event triggers associated with a current state of the at least one component are sensed variables.); and
actuating (S9), for action instructions (4; 6; 8) having a relative distance which is smaller than a second pre-definable value, an external control unit for carrying out the action instruction (4; 6; 8) concerned (see paragraphs [0005] and [0028]: one of more operations (or sequence events) are stored and/or recorded in a memory within a vehicle control unit (VCU), and based upon a trigger such as GPS data the HTS can be carried out automatically by the VCU. The I/O unit 36 also generates outputs 48 that control the same sub-systems; namely, the PTO, the hitch, the transmission, the EHR and the engine. The I/O unit 36 also produces outputs to the visual display 46. The I/O unit 36 also generates outputs 48 that control the same sub-systems; namely, the PTO, the hitch, the transmission, the EHR and the engine. The I/O unit 36 also produces outputs to the visual display 46.).
With respect to dependent claim 2, De Nale discloses wherein the action instruction comprises one of activating a transmission, actuating a working device, actuating a drive motor, actuating a steering system, and actuating brakes (see paragraphs [0024], [0026] and [0037]: At opposite ends of the field 14, a headland 20 exists which is basically an area of unfilled soil where the implement 12 is disengaged from the soil, the vehicle 10 is turned around approximately 180°. First the transmission may be downshifted, then the throttle reduced, then the 3 point hitch raised, then a rear wheel on the implement lifted via a hydraulic cylinder. The output signals and corresponding actuation can include changing an operating speed of an engine, upshifting or downshifting a transmission.).
With respect to dependent claim 3, De Nale discloses determining whether the action instruction (4; 6; 8) concerned is in the driving direction (2 a) or opposite to the driving direction (2 a) of the working machine (2) on the basis of the driving direction (2 a) of the working machine (2) and the respective position of the action instruction (4; 6; 8), and wherein determining the absolute distance is carried out for a respective action instruction (4; 6; 8) in the driving direction (2 a) of the working machine (2) (see paragraphs [0024], [0031] and [0035]: the vehicle 10 is turned around approximately 180°, and the implement 12 is reengaged with the soil as the vehicle 10 leaves the headland 20 and traverses in an opposite direction across the field 14. The HMS 30 is configured to display a real-time map on the visual display 46, including a position of the vehicle 10 on the map (shown as a star in FIG. 2), and at least one future HTS event forming at least part of an HTS. Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle.).
With respect to dependent claim 5, De Nale discloses storing information about an action instruction (4; 6; 8) (see paragraphs [0028] and [0048]: The memory 34 is used to store and/or playback at least a portion of an HTS. The HTS is stored in the memory 34 after each command (HTS event) has been activated by the operator.),
wherein the information about the action instruction is selected from the respective direction vector of the action instruction (4; 6; 8) (see paragraph [0031]: The HMS 30 is configured to display a real-time map on the visual display 46, including a position of the vehicle 10 on the map, and at least one future HTS event forming at least part of an HTS.),
the absolute distance between the working machine (2) and the action instruction (4; 6; 8), the relative distance between the working machine (2) and the action instruction (4; 6; 8) (see paragraph [0035]: Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle. The position of the vehicle 10 is automatically updated using the GPS sensor 44, while the event triggers associated with a current state of the at least one component are sensed variables.),
whether the action instruction (4; 6; 8) is in the driving direction (2 a) of the working machine (2), and whether the orientation (4 a; 6 a) of the action instruction (4; 6) differs from the driving direction (2 a) of the working machine (2) by no more than the first tolerance (see paragraphs [0026] and [0035]: The HTS events can occur in reverse sequence, or some other sequence, as the vehicle 10 begins to traverse in the reverse direction and exit out of the headland 20. Each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle. The position of the vehicle 10 is automatically updated using the GPS sensor 44, while the event triggers associated with a current state of the at least one component are sensed variables.).
With respect to dependent claim 6, De Nale discloses wherein the information about action instructions (4, 6, 8) is presented in the form of a list, wherein the list has been stored in the step (S10) of storing information about the action instruction (4; 6; 8) (see paragraphs [0028] and [0038]: The memory 34 is used to store and/or playback at least a portion of an HTS. The HMS can be configured to prioritize the display of the HTS events on the real-time map, whereby an HTS event with a higher priority is given display preference over an HTS event with a lower priority.),
wherein the method also comprises sorting the list of information about action instructions (4, 6, 8) (see paragraph [0038]: the HMS can be configured to prioritize the display of the HTS events on the real-time map, whereby an HTS event with a higher priority is given display preference over an HTS event with a lower priority. The HTS event with a higher priority can be positioned on the real-time map in place of an HTS event with a lower priority, or in a layered manner over the top of an HTS event with a lower priority.), and
wherein the step (5.1) of determining whether the orientation (4 a; 6 a) concerned differs from the driving direction (2 a) of the working machine (2) by no more than the first tolerance, is carried out on the basis of the list sorted in the sorting step (S2) (see paragraph [0038]: the HMS can be configured to prioritize the display of the HTS events on the real-time map, whereby an HTS event with a higher priority is given display preference over an HTS event with a lower priority.).
With respect to dependent claim 7, De Nale discloses reading-in information about a new action instruction (9), wherein reading-in the new action instruction (9) includes receiving a user confirmation, and wherein determining whether the respective orientation (4 a; 6 a) does not differ from the driving direction (2 a) of the working machine (2) by more than the first tolerance is carried out on the basis of the new action instruction (9) confirmed in the confirmation step (S1.1) (see paragraphs [0031] [0033] [0034]: The HMS 30 is configured to allow an operator to modify at least one HTS event on the real-time map, even “on-the-fly” during operation of the vehicle 10. The operator can “drag and drop” an HTS event. The operator is adding an HTS event corresponding to a lowering of a 3 point hitch to the real-time map at a desired location. The operator can then access associated event triggers for this HTS event by pushing a virtual button on the display icon.).
With respect to dependent claim 8, De Nale discloses actuating a user interface (12) with information about action instructions (4, 6, 8), on the basis of the information about action instructions (4, 6, 8) stored in the storage step (S10) (see paragraph [0031]: a visual display 46 for displaying a portion or all of an HTS to an operator. The HMS 30 is configured to display a real-time map on the visual display 46, including a position of the vehicle 10 on the map).
With respect to dependent claim 9, De Nale discloses receiving a user input by way of the user interface (12), wherein actuating the external control unit is carried out on the basis of the user input received by way of the user interface (see paragraphs [0008], [0028], [0029] and [0031]: at least one event trigger; at least one actuator for actuating a component onboard the vehicle; The I/O unit 36 also generates outputs 48 that control the same sub-systems; namely, the PTO, the hitch, the transmission, the EHR and the engine. The visual display 46 may be configured as a touch screen operator interface which provides customized inputs for start recording, stop recording, pause recording, and trigger type(s) for recording. The HMS 30 is configured to allow an operator to modify at least one HTS event on the real-time map, even “on-the-fly” during operation of the vehicle 10.).
With respect to dependent claim 11, De Nale discloses wherein the second pre-definable value is a function of the driving status of the working machine (2) (see paragraphs [0026] and [0035]: The number and types of HTS events can of course vary, depending on the type of field operation, soil type, etc. The HTS events can occur in reverse sequence, or some other sequence, as the vehicle 10 begins to traverse in the reverse direction and exit out of the headland 20. A current state of a component can correspond to: 1) a position of a three-point hitch; 2) a raised or lowered state of an EHR; 3) an operating speed of an engine; 4) an engaged or disengaged state of a PTO; and/or 5) a shift of a transmission.).
With respect to independent claim 13, De Nale discloses the control unit (10) according to Claim 12; a GPS receiver (14) configured for determining (53.1) a position of the working machine (2) (see paragraph [0031]: a visual display 46 for displaying a portion or all of an HTS to an operator. The HMS 30 is configured to display a real-time map on the visual display 46, including a position of the vehicle 10 on the map); and
an interface configured for reading-in information about action instructions (4, 6, 8); a user interface (12) configured for displaying information about the action instructions (4,6, 8) when it is actuated (S 11), for detecting (S 12) a user's input and for confirming (S1.1) a new action instruction (9), and in addition with a transmission for carrying out (see paragraphs [0008], [0028], [0029] and [0031]: at least one event trigger; at least one actuator for actuating a component onboard the vehicle; The I/O unit 36 also generates outputs 48 that control the same sub-systems; namely, the PTO, the hitch, the transmission, the EHR and the engine. The visual display 46 may be configured as a touch screen operator interface which provides customized inputs for start recording, stop recording, pause recording, and trigger type(s) for recording. The HMS 30 is configured to allow an operator to modify at least one HTS event on the real-time map, even “on-the-fly” during operation of the vehicle 10.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over De Nale in view of U.S. Patent Publication No. 2020/0029484 to Weidenbach et al. (hereinafter “Weidenbach”).
With respect to dependent claim 4, De Nale discloses that each event trigger corresponds to a position of the vehicle on the real-time map and/or a current state of at least one component on the vehicle. The position of the vehicle 10 is automatically updated using the GPS sensor 44, while the event triggers associated with a current state of the at least one component are sensed variables. (See paragraph [0035]).
De Nale does not explicitly disclose determining a respective direction vector for a particular action instruction (4; 6; 8) on the basis of the position of the working machine (2) and the position of the action instruction (4; 6; 8) concerned, wherein determining the absolute distance for a particular action instruction (4; 6; 8) is carried out when the direction vector of the action instruction (4; 6; 8) concerned matches the driving direction (2 a) of the working machine (2) within a second tolerance.
Weidenbach discloses that each of the distances is compared with the predictive windows and window shifts to assess the reliability of the measured distances relative to the predicted values and assign an initial confidence value. The kinematic characteristics are, in one example, analyzed to predict a height of the sensor 108 (or associated implement 102, such as the boom 106) relative to reference location, such as the ground, canopy or the like. In the example shown in FIG. 3 the predicted ground distance 306 corresponds to a predicted height (including a change in height in another example) of the boom 106 relative to ground at a location of the distance sensor 108 along the boom. The one or more distance sensors 108 are located at known distances from the pivot point of the boom 106 to facilitate the determination of boom height (e.g., distance from either or both of the canopy or ground). For example, the spacing of each of the sensors 108 is used to generate a predicted ground distance 306 as shown in FIG. 3. In another example, the spacing of each of the sensors 108 is used to generate a corresponding predictive window 1018 and window shift 1020 (collectively a predictive window) as described herein. The measured distance corresponds to the distance from the canopy to the sensor optionally offset to account for vertical position differences between the sensor and the implement 102. (See paragraphs [0012], [0056], [0060] and [0104]).
It would have been obvious to one skilled in the art before the effective filing date of the invention to combine positioned based HTS event framework of De Nale with the direction vector calculation based on an implement angle, chassis roll rate and implement rack angle of Weidenbach in order to improve triggering reliability by confirming directional alignment before an action is executed.
With respect to dependent claim 10, De Nale discloses a time counter that starts increasing the elapsed time as shown in FIG. 8B (or the space counter is refreshed according to a traveled distance, depending on whether the trigger is time or distance based). The start of sequence occurs when the sequence step button 42 is depressed, or on the first commanded HTS event. The HTS is stored in the memory 34 after each command (HTS event) has been activated by the operator. (See paragraph [0048]).
De Nale does not explicitly disclose determining the relative distance is carried out only for those action instructions (4, 6, 8) for which, in the step (S7) of determining the absolute distance between the working machine (2) and the action instruction (4; 6; 8) concerned, the absolute distance has not increased over time.
Weidenbach discloses (see paragraph [0010]: the ground distance rate of change for measured ground distance at a first sensor is compared with a plurality of rates of change including, but not limited to, one or more of the canopy distance rate of change for measured canopy distance at the first sensor, ground distance rates of change of a plurality of sensors, canopy distance rates of change of the plurality of sensors, or one or more predicted ground distance rates of change at one or more of the plurality of sensors.
It would have been obvious to one skilled in the art before the effective filing date of the invention to combine positioned based HTS event framework of De Nale with the distance rate-of-change monitoring of Weidenbach in order to filter triggers during receding motion or oscillatory conditions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEMETRA R SMITH-STEWART whose telephone number is (571)270-3965. The examiner can normally be reached 10am - 6pm.
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/DEMETRA R SMITH-STEWART/Examiner, Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661