DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Terminal Disclaimer
The terminal disclaimer filed on 12/19/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 8768579, US 9315967, US 9567725, US 10227754, US 11028560, and US 12018463 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Regarding the previous double patenting rejections, the previous double patenting rejections are withdrawn in light of the filed terminal disclaimer.
Regarding the previous 35 USC 103 rejection, Applicant's arguments have been fully considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the arguments. A new ground of rejection is made in view of Koellner and Lee ‘897.
Lee ‘052 does not explicitly disclose determine an ideal position of the bucket based on a first motor position and a desired position, the desired position determined by at least one motor position sensor. However, Koellner teaches determine an ideal position of the bucket based on a first motor and a desired position (see at least [0020]: utilize alternating current motors for hoist, swing, and/or crowd applications to improve mining excavator performance, [0035]: Based on possible trajectories the shovel bucket can take, a desired distance for crawlers of the mining excavator can be calculated and the operator can be automatically prompted to relocate the mining excavator to a desired location, [0037]: calculated trajectory of the bucket anticipated to position the bucket over a dump body, claim 1). It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Koellner with a reasonable expectation of success in order to improve mining excavator performance. The combination would yield predictable results.
Applicants argue that McAree is limited to determine the bucket’s position using sensor data and does not address or suggest the concept of an “ideal position” determined from the combination of a first motor position and a desired position. However, Koellner discloses determine an ideal position of the bucket based on a first motor and a desired position and discloses a desired position but does not explicitly recite that the ideal position is based on a first motor position and the desired position is determined by at least one motor position sensor. However, McAree teaches a relationship between a bucket position and sensor readings. McAree teaches determine, based on a signal from the motor position sensor during operation of the mining machine, a current position of the bucket and the current position determined based on the signal from the motor position sensor; position determined by a first motor position; position determined by at least one motor position sensor (see at least [0006]: these sensors are typically angular position sensors (e.g. rotary resolvers) attached to actuators (e.g. electric motors) of the machine's motion axes, [0007]: bucket position can be established by using these sensor readings in conjunction with a so-called forward kinematic map that relates the positions of the motors to the positions of the bucket. Calibration amounts to determining offsets for each resolver.). It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of McAree with a reasonable expectation of success in order to help accurately establish a bucket position. The combination would yield predictable results.
Further, Lee ‘897 teaches determine an ideal position of the bucket based on a first motor position and a desired position (see at least [0036]: stop target position calculation unit 302 calculates the stop target position using the current position of the upper swing structure and the calculated or estimated optimum stop starting position, Fig. 5: (304): swing motor, (302): stop target position calculation unit). It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Lee ‘897 with a reasonable expectation of success in order to provide an improved swing control of a construction machine. The combination would yield predictable results.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 12 recite the limitation “determine an ideal position of the bucket based on a first motor position and a desired position, the desired position determined by at least one motor position sensor”.
The closest reference in the specification appear to include at least the following:
specification [0068] describes that green LEDs of the desired hoist, crowd, and swing positions, respectively, are illuminated once the beacons, which represent for instance the swing position of the dipper and that the desired hoist position (horizontal area 565) is not illuminated green until the beacon 560a is at the proper hoist position above the hopper 170 and the desired crowd position (vertical area 570) is not illuminated green until the beacon 560a is at the proper crowd position above the hopper 170;
specification [0073] describes that the HUD 600 is also operable to use alternate gauge types to convey and compare the dipper 140 current position versus the desired position (e.g., above the hopper 170 or the dig location 220) and, as shown in Fig. 10, the HUD 600 includes a horizontal gauge 615 that represents the swing position of the dipper 140, while the vertical gauge 620 represents the crowd position and/or hoist position;
specification [0080] recites, in step 670, the controller 305 calculates the ideal path between the dipper 140 hoist and crowd start position (HRCt0, CRCt0) and the desired position (HRCd, CRCd). The ideal path enables a constant trajectory equation for any given swing and may be designed and modified to suit the engineering needs or customer preferences;
and specification [0046] recites that “hopper data set is presumed to be the ideal position for the unloading of the dipper 140 (e.g., over the hopper 170) when generating the ideal trajectory…the hopper data set is determined using data from the hopper alignment system 395 or via the operator manually inputting the resolver count data.
However, the closest references in the specification do not sufficiently describe the limitation “determine an ideal position of the bucket based on a first motor position and a desired position, the desired position determined by at least one motor position sensor” in light of the previous limitation reciting determine, based on a signal from the motor position sensor during operation of the mining machine, a current position of the bucket and the instant specification reciting a current position, an ideal path, and a desired position.
Therefore, the specification fails to satisfy the written description requirement of 35 U.S.C. 112(a) with respect to the fully scope of the claims. Dependent claims are rejected as being dependent upon and failing to cure the deficiencies of the independent claims.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 12 recite the limitation “determine an ideal position of the bucket based on a first motor position and a desired position, the desired position determined by at least one motor position sensor”. However, it is unclear to which position is the ideal position because the specification recites that a current position, an ideal path, and desired position, and recites [0004]: an ideal path generator module that receives current dipper data and dump location information indicating a location at which the dipper is to dump materials, [0007]: current dipper data including a current swing motor position, current hoist motor position, and current crowd motor position…receives the ideal swing path, the ideal hoist path, and the ideal crowd path, [0046]: hopper data set includes the desired swing, hoist, and crowd position to position the dipper 140 above the hopper 170…hopper data set is presumed to be the ideal position for the unloading of the dipper 140 (e.g., over the hopper 170) when generating the ideal trajectory, and [0080]: in step 670, the controller 305 calculates the ideal path between the dipper 140 hoist and crowd start position (HRCt0, CRCt0) and the desired position (HRCd, CRCd). The specification does not appear to explicitly recite “determine an ideal position of the bucket based on a first motor position and a desired position, the desired position determined by at least one motor position sensor”. Dependent claims are rejected as being dependent upon and failing to cure the deficiencies of the independent claims.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 9, 12, 19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over KR 950011052 B1 (“Lee ‘052”) in view of US 20080282583 (“Koellner”), US 20110029279 (“McAree”), and US 20130116897 (“Lee ‘897”).
As per claim(s) 1, 12, Lee ‘052 disclose a mining machine comprising:
a bucket that is operable to dig and dump materials and that is positioned via operation of one or more motors (see at least abstract: hydraulic excavator, page 4: current position value Si of the bucket cylinder 10, the swinging motor 6, the left and right traveling motors 8, 9 is converted from the position sensor 12-17 of each actuator to the signal converter and counter 34);
a motor position sensor associated with the one or more motors (see at least page 4: the current position Si of each actuator 6-11 is read through each position sensor 12-17…swing motor 6 and the position sensor 12 read the rotation angle between the lower part and the upper part of the vehicle body by using an absolute encoder. The position sensors 14 and 15 for the driving motors 8 and 9 obtain the rotation position and the speed by using the incremental encoder);
a display (see at least page 4: the present position and the initial position of the bucket 10 are displayed on the monitor means 23); and
a processor coupled to the display and the motor position sensor, the processor configured to
determine a current position of the bucket (see at least page 4: current position value Si of the bucket cylinder 10, the swinging motor 6, the left and right traveling motors 8, 9 is converted from the position sensor 12-17 of each actuator to the signal converter and counter 34),
determine an ideal position of the bucket (see at least page 4: it is determined whether the current position (Si) is in the initial position (Sio) range, page 5: It then checks if the bucket position is in the effective range (step 80), makes it in the effective range, sets the target position (step 81), and proceeds to step 73), and
provide operator feedback, on the display, including the current position and the ideal position (see at least page 5: the current position and the target position of the bucket are displayed on the monitor means 23 in step 79 as in step 63).
Lee ‘052 does not explicitly disclose determine, based on a signal from the motor position sensor during operation of the mining machine, a current position of the bucket and the current position determined based on the signal from the motor position sensor; determine an ideal position of the bucket based on a first motor position and a desired position, the desired position determined by at least one motor position sensor.
However, Koellner teaches determine an ideal position of the bucket based on a first motor and a desired position (see at least [0020]: utilize alternating current motors for hoist, swing, and/or crowd applications to improve mining excavator performance, [0035]: Based on possible trajectories the shovel bucket can take, a desired distance for crawlers of the mining excavator can be calculated and the operator can be automatically prompted to relocate the mining excavator to a desired location, [0037]: calculated trajectory of the bucket anticipated to position the bucket over a dump body, claim 1).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Koellner with a reasonable expectation of success in order to improve mining excavator performance. The combination would yield predictable results.
Koellner teaches determine an ideal position of the bucket based on a first motor and a desired position but does not explicitly recite that the ideal position is based on a first motor position and the desired position is determined by at least one motor position sensor. However, McAree teaches a relationship between a bucket position and sensor readings.
However, McAree teaches determine, based on a signal from the motor position sensor during operation of the mining machine, a current position of the bucket and the current position determined based on the signal from the motor position sensor; position based on a first motor position; position determined by at least one motor position sensor (see at least [0006]: these sensors are typically angular position sensors (e.g. rotary resolvers) attached to actuators (e.g. electric motors) of the machine's motion axes, [0007]: bucket position can be established by using these sensor readings in conjunction with a so-called forward kinematic map that relates the positions of the motors to the positions of the bucket. Calibration amounts to determining offsets for each resolver.).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of McAree with a reasonable expectation of success in order to help accurately establish a bucket position.
Further, Lee ‘897 teaches determine an ideal position of the bucket based on a first motor position and a desired position (see at least [0036]: stop target position calculation unit 302 calculates the stop target position using the current position of the upper swing structure and the calculated or estimated optimum stop starting position, Fig. 5: (304): swing motor, (302): stop target position calculation unit).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Lee ‘897 with a reasonable expectation of success in order to provide an improved swing control of a construction machine.
As per claim(s) 2, Lee ‘052 discloses wherein the one or more motors include one or more of a swing motor, a hoist motor, and a crowd motor (see at least page 4: current position value Si of the bucket cylinder 10, the swinging motor 6, the left and right traveling motors 8, 9 is converted from the position sensor 12-17 of each actuator to the signal converter and counter 34).
As per claim(s) 9, 19, Lee ‘052 discloses wherein the display is at least one selected from the group comprising a light emitting diode position panel, a heads up display, and a display screen on a device (see at least page 5: the current position and the target position of the bucket are displayed on the monitor means 23 in step 79 as in step 63).
Claim(s) 3, 6 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, and Lee ‘897, and further in view of JP 2003278158 A (“Takemata”).
As per claim(s) 3, Lee ‘052 does not explicitly disclose wherein the display further depicts previous positions along with the current position and the ideal position.
However, Takemata discloses wherein the display further depicts previous positions along with the current position and the ideal position (see at least page 4: as shown in FIG. 3, the operating state (operating figure) A of the backhoe 2 is planned seafloor topography. B, the seabed topography C before construction and the finished shape D under construction are overlaid and displayed on the screen in real time).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Takemata with a reasonable expectation of success in order to contribute to the improvement of construction accuracy. The combination would yield predictable results.
As per claim(s) 6, Lee ‘052 discloses an alarm if the current position is not in the initial position range (see at least page 5: it is determined whether the current position (Si) is in the initial position (Sio) range. If it is not within the effective range, an alarm signal is issued (step 83) and the process returns to step 61 to enter the effective range, page 6: if the actuator's operating position is out of the target position, error processing is performed and this function is stopped with an alarm) but does not explicitly disclose the display further including an ideal path of the bucket, wherein the operator feedback indicates whether movement of the bucket follows the ideal path.
However, Takemata teaches the display further including an ideal path of the bucket, wherein the operator feedback indicates whether movement of the bucket follows the ideal path (see at least page 4: as shown in FIG. 3, the operating state (operating figure) A of the backhoe 2 is planned seafloor topography. B, the seabed topography C before construction and the finished shape D under construction are overlaid and displayed on the screen in real time).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Takemata with a reasonable expectation of success in order to contribute to the improvement of construction accuracy. The combination would yield predictable results.
Claim(s) 4, 14 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, Lee ‘897, and Takemata, and further in view of US 20080201108 (“Furem”).
As per claim(s) 4, 14, Lee ‘052 does not explicitly disclose wherein the previous positions are displayed on a time scale.
However, Takemata discloses wherein the previous positions are displayed synchronized with time (see at least claim 2: wherein the operating state of the backhoe is displayed on the screen in real time, claim 3: wherein data processing and image processing are performed by synchronizing the backhoe attitude information and the carrier motion information with the time included in the GPS signal).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Takemata with a reasonable expectation of success in order to contribute to the improvement of construction accuracy. The combination would yield predictable results.
Further, Furem teaches wherein previous positions are displayed on a time scale (see at least [0197]: data can be rendered via a user interface in one or more of a plurality of display formats. For example, data can be rendered on a motion strip chart, motion XY plot, and/or motion gauge, [0237]: Fig. 21 is an exemplary user interface showing a graphical trend chart of motion data related to a mining shovel).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Furem with a reasonable expectation of success in order to analyze mining shovel data for improved machine operation. The combination would yield predictable results.
Claim(s) 5, 15 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, Lee ‘897, and further in view of JP 2009150218 A (“Masuda”).
As per claim(s) 5, 15, Lee ‘052 discloses the display further including a window, the window depicting the ideal position and including the current position of the bucket (see at least page 5: the current position and the target position of the bucket are displayed on the monitor means 23 in step 79 as in step 63) but does not explicitly show the display further including a point indicative of the position of the bucket.
However, Masuda discloses the display further including a point indicative of the position of the bucket (see at least page 2: the display of the target heel depth indicated by the arrow D and the dotted line display of the toe trajectory indicated by the arrow E In addition, the trajectory of the toe depth can be held for a short time, for example, several tens of seconds, Fig. 3-4).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Masuda with a reasonable expectation of success in order to improve construction efficiency. The combination would yield predictable results.
Claim(s) 7 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, Lee ‘897, and Masuda, and further in view of US 20050027420 (“Fujishima”).
As per claim(s) 7, Lee ‘052 does not explicitly disclose the display further including a position arc, the position arc including an area signifying the ideal position and the point representing the current position.
However, Fujishima teaches the display further including a position arc, the position arc including an area signifying the ideal position and the point representing the current position (see at least [0073]: positional relationships of the machine body S and the bucket B relative to the target excavation surface TG can be displayed so that the operator may intuitively recognize those positional relationships, [0076]: displays a plurality of such landform constituting surfaces TG1, TG2m [0077]: Fig. 11…display example displayed on the display screen of the display unit 46…three-dimensional target landform G).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Fujishima with a reasonable expectation of success in order for the operator to intuitively recognize positional relationships. The combination would yield predictable results.
Claim(s) 8, 18 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, and Lee ‘897, and further in view of US 20130158797 (“Fukano”).
As per claim(s) 8, 18, Lee ‘052 discloses an indication that indicates an assessment of a relation between the current position and the ideal position (see at least page 5: it is determined whether the current position (Si) is in the initial position (Sio) range. If it is not within the effective range, an alarm signal is issued (step 83) and the process returns to step 61 to enter the effective range, page 6: if the actuator's operating position is out of the target position, error processing is performed and this function is stopped with an alarm) but does not explicitly disclose wherein the display includes an indication that indicates an assessment of a relation between the current position and the ideal position.
However, Fukano teaches wherein the display includes an indication that indicates an assessment of a relation between the current position and the ideal position (see at least [0079]: distance information 87a indicates the shortest distance between the target surface line 92 and the tip of the bucket 8, i.e., the distance between the target surface line 92 and the tip of the bucket 8 in the direction of a line perpendicular to the target surface line 92… angle information 87b displayed in the side view 54b is the angle between the bottom surface of the bucket 8 and the target surface line 92, [0080]: graphic information 88 graphically indicating the shortest distance between the tip of the bucket 8 and the target surface line 92. The graphic information 88, like the graphic information 84 of the rough digging picture 53, has index bars 88a and an index mark 88b).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Fukano with a reasonable expectation of success in order to allow the positional relationship of a target surface and a hydraulic shovel to be easily ascertained. The combination would provide predictable results.
Claim(s) 10, 20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, Lee ‘897, and further in view of Furem and JP 2003119818 A (“Fukuzawa”).
As per claim(s) 10, 20, Lee ‘052 discloses the display including the current position and the ideal position (see at least page 5: the current position and the target position of the bucket are displayed on the monitor means 23 in step 79 as in step 63) but does not explicitly disclose wherein the display includes at least one gauge.
However, Furem teaches wherein the display includes at least one gauge, the at least one gauge (see at least [0197]: data can be rendered via a user interface in one or more of a plurality of display formats. For example, data can be rendered on a motion strip chart, motion XY plot, and/or motion gauge, [0237]: Fig. 21 is an exemplary user interface showing a graphical trend chart of motion data related to a mining shovel).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Furem with a reasonable expectation of success in order to analyze mining shovel data for improved machine operation. The combination would yield predictable results.
Further, Fukuzawa teaches wherein the display includes at least one measurement system, the at least one measurement system including the current position and the ideal position (see at least page 11: When only one "OK" light emitting part in the center of 1 emits red light and the error is 1.5° to 2.5°, page 12: error display portion 71 of the bucket monitor 56, page 13: error display unit 71 of the bucket monitor 56, page 15: Fig. 6 is a diagram showing an angle setting unit 55 and a bucket monitor 56 of the tilt angle measuring system 2 in the control system).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Fukuzawa with a reasonable expectation of success in order for the operator to conveniently visually check a bucket angle within an allowable range. The combination would yield predictable results.
Claim(s) 11, 16 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, Lee ‘897, and further in view of US 20070150149 (“Peterson”).
As per claim(s) 11, Lee ‘052 does not explicitly disclose wherein the ideal position includes at least one selected from a group consisting of an ideal swing position of the bucket, an ideal hoist position of the bucket, and an ideal crowd position of the bucket, and wherein the current position of the bucket includes at least one selected from a group consisting of a current swing position of the bucket, a current hoist position of the bucket, and a current crowd position of the bucket.
However, Koellner teaches wherein the ideal position includes at least one selected from a group consisting of an ideal swing position of the bucket, an ideal hoist position of the bucket, and an ideal crowd position of the bucket (see at least [0031]: superimposed position control in hoist, crowd, and/or swing motions of the mining excavator to position the bucket at a desired starting point for a digging cycle, [0073]: crowd motor can be adapted to adjust a position of the bucket of the mining excavator in the earthen material bank at the preferred location).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Koellner with a reasonable expectation of success in order to position the bucket at a desired starting point. The combination would yield predictable results.
However, Peterson teaches wherein the current position of the bucket includes at least one selected from a group consisting of a current swing position of the bucket, a current hoist position of the bucket, and a current crowd position of the bucket (see at least [0464]: Digger updates the bucket location according to the current crowd and hoist controls, which are set by the Control System every 0.01 seconds. The Digger uses the Local Bucket Location and Orientation Calculations to determine the new location of the bucket relative to the shovel, Figure 42, Figure 58).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Peterson with a reasonable expectation of success in order to determine a new location of the bucket relative to the shovel. The combination would yield predictable results.
As per claim(s) 16, Lee ‘052 does not explicitly disclose wherein determining the ideal position includes determining at least one selected from a group consisting of an ideal swing position of the bucket, an ideal hoist position of the bucket, and an ideal crowd position of the bucket, and wherein determining the current position of the bucket includes determining at least one selected from a group consisting of a current swing position of the bucket, a current hoist position of the bucket, and a current crowd position of the bucket.
However, Koellner teaches wherein determining the ideal position includes determining at least one selected from a group consisting of an ideal swing position of the bucket, an ideal hoist position of the bucket, and an ideal crowd position of the bucket (see at least [0031]: superimposed position control in hoist, crowd, and/or swing motions of the mining excavator to position the bucket at a desired starting point for a digging cycle, [0073]: crowd motor can be adapted to adjust a position of the bucket of the mining excavator in the earthen material bank at the preferred location).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Koellner with a reasonable expectation of success in order to position the bucket at a desired starting point. The combination would yield predictable results.
However, Peterson teaches wherein determining the current position of the bucket includes determining at least one selected from a group consisting of a current swing position of the bucket, a current hoist position of the bucket, and a current crowd position of the bucket (see at least [0464]: Digger updates the bucket location according to the current crowd and hoist controls, which are set by the Control System every 0.01 seconds. The Digger uses the Local Bucket Location and Orientation Calculations to determine the new location of the bucket relative to the shovel, Figure 42, Figure 58).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Peterson with a reasonable expectation of success in order to determine a new location of the bucket relative to the shovel. The combination would yield predictable results.
Claim(s) 13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, and Lee ‘897, and further in view of Furem.
As per claim(s) 13, Lee ‘052 does not explicitly disclose wherein providing the operator feedback includes providing at least one selected from a group consisting of additional position data and fault data.
However, Furem teaches wherein providing the operator feedback includes providing at least one selected from a group consisting of additional position data and fault data (see at least [0034]: FIG. 24 is an exemplary user interface providing operating statuses of mining shovel components, [0148]: definitions…status--information relating to a descriptive characteristic of a device and or system. For example, a status can be on, off, and/or in fault, [0176]: 1540 can be adapted to notify a user via user interface 1560 with information indicative of a current or pending failure related to machine 1100, [0183]: data can comprise information relating to a status of the machine. The status of the machine can comprise, for example, properly operating, shut down, undergoing scheduled maintenance, operating but not producing a product, and/or relocating, etc. The status of the machine can be provided to and/or viewed by the user via a user interface).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Furem with a reasonable expectation of success in order to analyze mining shovel data for improved machine operation. The combination would yield predictable results.
Claim(s) 17 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lee ‘052 in view of Koellner, McAree, Lee ‘897, and Peterson, and further in view of Fujishima.
As per claim(s) 17, Lee ‘052 does not explicitly disclose the display further including a position arc, the position arc including an area signifying the ideal position and the point representing the current position.
However, Fujishima teaches the display further including a position arc, the position arc including an area signifying the ideal position and the point representing the current position (see at least [0073]: positional relationships of the machine body S and the bucket B relative to the target excavation surface TG can be displayed so that the operator may intuitively recognize those positional relationships, [0076]: displays a plurality of such landform constituting surfaces TG1, TG2m [0077]: Fig. 11…display example displayed on the display screen of the display unit 46…three-dimensional target landform G).
It would have been obvious to one of ordinary skill in the art at the time of invention to provide the invention as disclosed by Lee ‘052 by incorporating the teachings of Fujishima with a reasonable expectation of success in order for the operator to intuitively recognize positional relationships. The combination would yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20070240341 (“Hyde”) Hyde discloses a mining machine with a control system that directs movement of a bucket within a prescribed carry envelope, wherein the prescribed carry envelope may equalize the loads carried by each motor rather than in each hoist line (see at least abstract, [0013]).
US 20100063682 (“Akaki”) (see at least Fig. 28: a graph for forecasting a wheel steering angle comprising previous data, present data, presumed data positions with a time axis).
US 6140787 (“Lokhorst”) (see at least column 5 lines 1-3: FIG. 9A is a plot showing a desired trajectory of a work implement according to a preferred position control embodiment of the invention, column 12 lines 9-14: In FIG. 9A the symbol Ppath,i is the point on the desired trajectory which is closest to the actual position of point 65 at the ith sample time, pdsr,i is the desired position of point 65 at the ith sample time as calculated at the i-lth sample time and pact,i is the actual position of point 65 at the ith sample time).
US 20050027420 (“Fujishima”) (see at least [0077]: FIG. 11 shows a fifth position display example displayed on the display screen of the display unit 46, [0104]: target excavation surface TG).
US 6108949 (“Singh”) (see at least column 4 lines 4-8: FIG. 3, the workspace around the excavator 70 at a given position is defined by a semi-cylindrical shape and the regions in the excavation grid 80 are therefore defined using a cylindrical coordinate system).
US 20030001751 (“Ogura”) (see at least Fig. 6A: indicate bucket position).
US 20110311342 (“Montgomery”) (see at least [0042]: information such as a semi-circular arc 66 defining the maximum reach of bucket 28 of excavation machine 12 may be depicted on display 64 in real-time, as shown in FIG. 3C).
US 20080300757 (“Kanayama”) (see at least [0003]: swing operation is conducted toward a loading platform of a dumper truck d that is stopped around forty-five, ninety or one-hundred-eighty degrees from the excavated point (as shown in FIG. 13B)).
JP 2009214967 A (“Akio”) Akio teaches a display with a time scale and the display further including a position arc, the position arc including an area signifying the ideal position (see at least abstract: control device U displays a first index m1 corresponding to a control target depth of the grab bucket device B set based on an operation command face m0 using an elapsed time from a start of a closing action of the grab bucket device B as a horizontal axis and a depth as a vertical axis, page 8: allowable lifting range A is displayed on the operation instruction surface m0…control device U of the embodiment has a function of displaying the movement locus LX of the bucket tip Bae at that time in comparison with the set depth line Lo after the completion of one closing operation of the grab bucket device B, page 10: An allowable lifting range (A) having a predetermined width is set with reference to the control target line (Lm), and the second index (m2) indicates the allowable lifting range (A) when the grab bucket device (B) is closed).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELINA M SHUDY whose telephone number is (571)272-6757. The examiner can normally be reached M - F 10am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Angelina Shudy
Primary Examiner
Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668