DETAILED ACTION
1. Claims 1-19 of application 18/767,588, filed on 9-July-2024, are presented for examination. The IDS received on 3-February-2025 has been considered.
The present application, filed on or after 16-March-2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections under 35 U.S.C. § 102(a)(1)
2.1 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)(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.
2.2 Claims 1-19 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Mintah et al, USP Publication 2007/0260380.
2.3 Mintah discloses:
Claims 1, 15 and 18: An electric power machine [¶0017 (Machine 10 might also include
some other type of propulsion/power system such as a diesel engine coupled with a generator to drive electric motors.); 0018 (Control system 100 may include an electronic payload controller 102, which may comprise any appropriate electronic control module or electronic controller
with appropriate programming software or hardware known in the art. Electronic payload controller 102 may receive data from at least one sensor, which can be any of a variety of sensors known in the art.)], the electric power machine comprising:
a power machine frame [0017 (a frame 12)];
a plurality of electric actuators supported by the power machine frame, wherein the plurality of electric actuators includes an electric lift actuator and an electric tilt actuator [0021 (An implement control element 50, coupled with tilt actuator 22 and lift actuator 23, may also be coupled with or part of controller 102); 0023] [*Note: Applicant’s specification, at ¶0051, states: ”The implement interface 270 also includes power coupler(s) 274 available for connection to an implement on the lift arm assembly 230. The power coupler(s) 274 includes pressurized hydraulic fluid port to which an implement can be removably coupled. The pressurized hydraulic fluid port selectively provides pressurized hydraulic fluid for powering one or more functions or actuators on an implement. The power coupler can also include an electric power source for powering electric actuators and/or an electronic controller on an implement. The power coupler(s) 274 also exemplarily includes electric conduits that are in communication with a data bus on the excavator 200 to allow communication between a controller on an implement and electronic devices on the loader 200.” Therefore, at least for the purposes of the present invention, applicant explicitly teaches that control of hydraulic lift and tilt actuators is functionally equivalent to control of electric lift and tilt actuators.];
a lift arm structure [Fig. 1 (24)] that includes:
a lift arm coupled to the power machine frame and configured to be moved relative to the power machine frame by the electric lift actuator [0023 (lift and tilt sensors 106 and 104 may be associated with lift and tilt actuators 23 and 22, respectively, while in another embodiment lift and tilt sensors 106 and 104 may be associated directly with linkage 24 (i.e. lift arm) and/or bucket 20); Fig. 1 (23,24)]; and
a work element supported by the lift arm and configured to be moved relative to the lift arm by the electric tilt actuator [0023 (lift and tilt sensors 106 and 104 may be associated with lift and tilt actuators 23 and 22, respectively, while in another embodiment lift and tilt sensors 106 and 104 may be associated directly with linkage 24 (i.e. lift arm) and/or bucket 20 (i.e. work element)); Fig. 1 (20,24,22)];
an electric power source configured to power the plurality of electric actuators [¶0017 (Machine 10 might also include some other type of propulsion/power system such as a diesel engine coupled with a generator to drive electric motors.); 0018]; and
one or more electronic processors in communication with the plurality of electric actuators [0018; 0022], the one or more electronic processors configured to, during operation of the electric power machine in a work element leveling mode [0017 (machine 10 is equipped to controllably capture a range of payload weights of material from pile P, enabling relatively more efficient and accurate loading of a container such as a truck, rail car, etc)]:
monitor a current lift position of the electric lift actuator [0023 (Lift sensor 106 and tilt sensor 104 may be configured to detect a position of the lift and tilt actuators 23 and 22, respectively…Lift and tilt sensors 106 and 104 may be, for example, position sensors which measure cylinder rod extension of the respective actuators 23 and 22)];
determine, based on the current lift position, a target tilt position for the electric tilt actuator [0023 (Lift sensor 106 and tilt sensor 104 may be configured to detect a position of the lift and tilt actuators 23 and 22, respectively…Lift and tilt sensors 106 and 104 may be, for example, position sensors which measure cylinder rod extension of the respective actuators 23 and 22,)];
control the electric tilt actuator based on the target tilt position [0027 (the bucket tilt parameter may be a bucket tilt angle, and the partial load may be captured by controllably tilting bucket 20 in pile P from a penetration angle to a bucket tilt angle that corresponds with the predetermined partial load.); 0028 (Controller 102 may be configured to determine the bucket tilt parameter, e.g. bucket tilt angle, which corresponds with a target partial bucket load.)]; and
responsive to a change in the current lift position [0026 (memory 101 may be configured to store payload data from lift pressure sensor 126, or another sensor or set of sensors, to enable a calculation of a target bucket payload weight for a final, partial bucket load, further described herein)]:
determine, based on the change in the current lift position, an adjusted target tilt position for the electric tilt actuator [0027 (The automatic loading control algorithm mentioned above is contemplated to enable machine 10 to capture a predetermined partial bucket load, less than a full load, and remove bucket 20 with the partial load therein from material pile P. Any of the automated bucket loading control strategies falling within the scope of the present disclosure will reflect the insight that bucket 20 may be controllably tilted within pile P during moving bucket 20 in pile P to capture a partial load less than a full load of material.)]; and
control the electric tilt actuator based on the adjusted target tilt position [0027-0031 (bucket 20 may be controllably tilted within pile P during moving bucket 20 in pile P (0027)… Controller 102 may be configured to determine the bucket tilt parameter, e.g. bucket tilt angle, which corresponds with a target partial bucket load (0028)…Controlled tilting of bucket 20 may take place in a closed loop fashion (0029))].
Claim 2: wherein the one or more electronic processors are configured to:
determine a current tilt position of the electric tilt actuator [0023];
determine a difference between the current tilt position of the electric tilt actuator and the target tilt position for the electric tilt actuator [0027-0029; 0031];
when the difference exceeds a threshold, adjust the current tilt position of the electric tilt actuator based on the difference [0028 (Controller 102 may be further configured to determine the bucket tilt parameter by referencing a map, look-up table, etc. that includes values for the bucket tilt parameter, e.g. bucket tilt angle, which correspond to partial bucket loads. In general, a relatively greater tilt angle will correspond with a relatively greater degree of filling of bucket 20. Accordingly, machine 10 may be controlled during penetrating pile P such that bucket 20 is tilted from a penetration angle, typically a neutral angle relative to a work surface, to a tilt angle determined by controller 102 based on stored bucket payload data. The greater the partial load, the more bucket 20 may be tilted during moving within pile P relative to its penetration angle. Once a partial load is captured, bucket 20 may be lifted from pile P via lift commands to lift actuator 23.)]; and
when the difference does not exceed the threshold, prevent adjustment of the current tilt position of the electric tilt actuator based on the difference [0028 (In general, if a relatively greater tilt angle corresponds with a relatively greater degree of filling of bucket 20, a referenced bucket tilt parameter of relatively lesser tilt angle will correspond with a relatively lesser degree of filling of bucket 20)].
Claim 3: wherein the one or more electronic processors are configured to:
after controlling the electric tilt actuator based on the target tilt position, determine an adjusted tilt position for the electric tilt actuator, wherein the adjusted tilt position is a tilt position of the electric tilt actuator after the electric tilt actuator is controlled based on the target tilt position [0027-0029; 0031];
determine an error term between the target tilt position and the adjusted tilt position [0033 (it may be desirable to calibrate machine 10 periodically via capturing one or more bucket loads prior to beginning work, such as at the beginning of a work day, and execution of a calibration routine may avoid any day-to-day performance deviations that might result from changes in moisture content of the material to be loaded.)]; and
when the error term satisfies an error threshold, detect a fault condition [0033 (In one embodiment, machine 10 may be calibrated by selecting a target weight, capturing a partial bucket load, sensing a bucket payload weight of the partial load, then comparing the sensed bucket payload weight with the selected target weight. Actual calibration of machine 10 may include graduating or incrementally increasing/decreasing one or more bucket tilting terms of the automated loading control algorithm…To calibrate electronic controller 102, an adjustment factor might be used such that mapped actuator position, bucket tilt angle data, or some other bucket tilting term, is decreased to account for the relatively greater density.)].
Claim 4: wherein the one or more electronic processors are configured to:
when the fault condition is detected, generate and transmit a fault warning to an operator of the electric power machine [0018 (Electronic payload controller 102 may receive data from at least one sensor, which can be any of a variety of sensors known in the art… Another displacement sensor 106 may communicate a position of a lift actuator 23 coupled with linkage 24 to electronic payload controller 102, also via communication line(s) 19. An operator input device 124 may be positioned in operator cab 14 to enable an operator to output commands to electronic payload controller 102 via another communication line 21)].
Claim 5: wherein the one or more electronic processors are configured to:
when the fault condition is detected, prevent adjustment of the electric tilt actuator based on the target tilt position [0033 (To calibrate electronic controller 102, an adjustment factor might be used such that mapped actuator position, bucket tilt angle data, or some other bucket tilting term, is decreased to account for the relatively greater density. Where moisture content of a given material pile has decreased, a different adjustment factor might be used to graduate/increment map data (which would include none))].
Claim 6: wherein the one or more electronic processors are configured to determine the error term based on an angular offset value from a default horizontal plane defined by a default orientation of a work element on a distal end of the workgroup [0035-0038; Fig. 4].
Claim 7: wherein the one or more electronic processors are configured to determine the error term based on a gravity scalar value [0026 (one or both of sensors 126 and 128 may be configured to output pressure signals to control module 102 which correspond with a payload weight of material within bucket 20.)].
Claim 8: wherein the one or more electronic processors are configured to:
determine an angular offset value with respect to a default horizontal plane defined by a default orientation of a work element at a distal end of the workgroup [0035-0038; Fig. 4], wherein the electric tilt actuator is controlled based on the angular offset value [0035 (Position 20b corresponds generally to a bucket position/orientation at which bucket 20 has completed tilting to capture a partial load and is about to be lifted from pile P…Bucket 20 will be tilted an angle 0 from its penetration angle to its final, capture angle prior to lifting bucket 20 from pile P); 0037 (In load bucket phase C and C', bucket 20 is controllably tilted from its penetration angle to its final tilt angle.)].
Claim 9: wherein the one or more electronic processors are configured to:
determine an angular deviation of a frame of the electric power machine from a reference orientation [0035 (Turning to FIG. 4, there is shown schematically a bucket at two different bucket positions/orientations, 20a and 20b. Position 20a corresponds generally to a bucket position/orientation at which bucket 20 may enter pile P, corresponding generally to FIG. 1.)];
wherein the target tilt position is determined based on the angular deviation [0035 (Position 20b corresponds generally to a bucket position/orientation at which bucket 20 has completed tilting to capture a partial load and is about to be lifted from pile P…Bucket 20 will be tilted an angle 0 from its penetration angle to its final, capture angle prior to lifting bucket 20 from pile P)].
Claim 10: wherein the target tilt position is determined relative to gravity [0026 (one or both of sensors 126 and 128 may be configured to output pressure signals to control module 102 which correspond with a payload weight of material within bucket 20.)].
Claim 11: wherein the one or more electronic processors are configured to:
determine the target tilt position using a predetermined mapping that includes a plurality of lift positions and a plurality of tilt positions, wherein each lift position of the plurality of lift positions is associated with a corresponding tilt position of the plurality of tilt positions [0028 (Controller 102 may be configured to determine the bucket tilt parameter, e.g. bucket tilt angle, which corresponds with a target partial bucket load. As discussed above, a target partial bucket load may be determined by storing bucket payload data for one or more full, or nearly full, bucket loads. The stored payload data may be summed, then subtracted from a target weight, to arrive at a partial bucket load weight appropriate as a final load to top off a container such as a truck. In one embodiment, memory 101 will store payload data received via inputs from lift pressure sensor 126. Controller 102 may be further configured to determine the bucket tilt parameter by referencing a map, look-up table, etc. that includes values for the bucket tilt parameter, e.g. bucket tilt angle, which correspond to partial bucket loads. In general, a relatively greater tilt angle will correspond with a relatively greater degree of filling of bucket 20.)].
Claim 12: wherein the target tilt position is further determined based on a reference orientation of the electric power machine [0028 (Controller 102 may be further configured to determine
the bucket tilt parameter by referencing a map, look-up table, etc. that includes values for the bucket tilt parameter, e.g. bucket tilt angle, which correspond to partial bucket loads.)].
Claim 13: wherein the one or more electronic processors are configured to:
determine an angular deviation of a frame of the electric power machine from the reference orientation of the electric power machine [0035 (Turning to FIG. 4, there is shown schematically a bucket at two different bucket positions/orientations, 20a and 20b. Position 20a corresponds generally to a bucket position/orientation at which bucket 20 may enter pile P, corresponding generally to FIG. 1.)];
wherein the target tilt position is determined based on the angular deviation [0035 (Position 20b corresponds generally to a bucket position/orientation at which bucket 20 has completed tilting to capture a partial load and is about to be lifted from pile P…Bucket 20 will be tilted an angle 0 from its penetration angle to its final, capture angle prior to lifting bucket 20 from pile P)].
Claim 14: wherein the operational data includes position data from at least one of the electric lift actuator or the electric tilt actuator [0027-0031].
Claim 16: wherein determining the current lift position of the lift arm assembly includes determining a current lift position of an electric lift actuator included in the lift arm assembly [0023].
Claim 17: wherein determining the target tilt position of the tilt assembly includes determining a target tilt position of the electric tilt actuator [0023].
Claim 19: wherein the work element leveling mode is activated responsive to receipt of an operator input [0025 (enable switch 124 may also be disposed within operator cab 14 and may
comprise a switch such as a toggle switch or button that may be manually switched between at least two states to turn automated digging and loading on and off or to switch between activated control routines.)].
Prior Art
3. The following prior art, discovered in an updated search and herein made of record, is considered pertinent to Applicant’s disclosure, and consists of documents A-G on the attached PTO-892 Notice of References Cited:
Documents A and B define a document of particular relevance, wherein the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone.
Documents C-G define the general state of the art which is not considered to be of particular relevance.
Prior Art of Record
4. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. [SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123].
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art [See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966)]. Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference [See In re Freda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963)]. Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art [See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973)]. Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references [See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962)].
Response Guidelines
5.1 A shortened statutory period for response to this non-final action is set to expire 3 (three) months and 0 (zero) days from the date of this letter. Unless the applicant is notified in writing that a reply is required in less than six months (see the shortened response period previously noted), a maximum period of six months is allowed, if a petition for an extension of time and the fee set in § 1.17(a) are filed [see MPEP 710 and 35 U.S.C. 133]. Failure to respond within the required period for response will cause the application to become abandoned [see MPEP 710.02, 710.02(b)].
5.2 Any response to the Examiner in regard to this non-final action should be
directed to: Russell Frejd, telephone number (571) 272-3779, Monday-Friday from 0730 to
1600 ET. If attempts to reach the examiner by telephone are unsuccessful,
please contact the examiner’s supervisor, Peter Nolan, who can be reached at
(571) 270-7016.
mailed to: Commissioner of Patents and Trademarks
P.O. Box 1450, Alexandria, VA 22313-1450
faxed to: (571) 273-8300
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Hand-delivered responses should be brought to the Customer Service Window, Randolph Building, 401 Dulany Street, Alexandria, VA, 22314.
/RUSSELL FREJD/
Primary Examiner AU 3661
Prosecution Insights