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 .
DETAILED ACTION
This action is in response to communications filed on 6/9/2026. Claims 1, 8 & 15 have been amended. Claim 6 has been canceled. No other claims have been amended, added, or canceled. Accordingly, claims 1-5 & 7-21 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/6/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-5 & 7-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
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 8- 14—in particular independent claim 8—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.
As per claim 8: the claim recites “wherein the ground speed is within a speed range of a plurality of predefined different speed ranges…plurality of discrete stepwise angles and remains substantially constant throughout a corresponding speed range…” (emphasis added by examiner). It is unclear what distinguishes substantially constant from simply being constant; as such it is unclear what is meant by the terms substantially constant and for examining purposes the examiner will interpret this to mean constant.
As per claims 9-14 they all depend from claim 8 and are therefore rejected for having the same deficiencies as those presented above with respect to claim 8.
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 1-5 & 7- 20 are rejected under 35 U.S.C. 103 as being unpatentable over CN116430316A (hereinafter 316) in view of JP 5551893B2 (hereinafter 893).
As per claim 1, 316 discloses: a system for operating a radar device of a mobile machine, the system comprising:
an actuator operably coupled between the radar device and an exterior of the mobile machine (see 316 at least fig. 1- 6 and in particular fig. 1; vehicle with radar, automatically adjusting the angle of the radar, pitch adjustment mechanism); and
a controller configured to: receive an input indicative of a ground speed of the mobile machine (see 316 at least fig. 1- 6 and in particular fig. 1-3; detecting the vehicle speed); and
control, based on the input, the actuator to tilt the radar device with respect to a ground plane to alter a field of view of the radar device, wherein the ground speed is within a speed range of a plurality of predefined speed ranges, and a tilting angle of the radar device is one of a plurality of discrete angles each corresponding to one of the predefined speed ranges (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar, automatically adjusting the angle of the radar based on road surface type/angle—uphill, ramp etc.).
However, 316 does not appear to explicitly disclose wherein the ground speed is within a speed range of a plurality of predefined speed ranges, and a tilting angle of the radar device is one of a plurality of discrete stepwise angles each corresponding to a different one of the predefined speed ranges.
Nevertheless, 893—who is in the same field of endeavor—discloses wherein the ground speed is within a speed range of a plurality of predefined speed ranges, and a tilting angle of the radar device is one of a plurality of discrete stepwise angles each corresponding to a different one of the predefined speed ranges (see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; modifying/adjusting directivity angles of the sensor/antenna based on vehicle speed).
One of ordinary skill in the art would have been motivated to combine 893’s limited directivity angles of an antenna/sensor with those of 316’s radar adjusting method in order to form an overall more efficient system (i.e., by only transmitting radar signals at specific angles and minimizing transmission power).
Motivation to combine 316 with 893 not only comes from 316, but also from 893 (see at least Background-Art).
Both 316 and 893 disclose claim 2: wherein the field of view is a vertical field of view spanning between a first field extent and a second field extent to define a vertical viewing angle in a vertical plane extending along a length of the mobile machine (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 3: wherein the input includes a first signal indicative of an initial ground speed of the mobile machine and a second signal indicative of a current ground speed of the mobile machine, and wherein, if the initial ground speed is less than a predefined low-speed threshold and the current ground speed is greater than a predefined high-speed threshold, controlling the actuator to tilt the radar device includes tilting the radar device upward with respect to the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 4: if the initial ground speed is greater than the predefined high-speed threshold and the current ground speed is less than the predefined low-speed threshold, controlling the actuator to tilt the radar device includes tilting the radar device downward with respect to the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 5: further including a spring extending from a mount of the radar device to a body of the radar device, wherein the spring is configured to bias the radar device towards a default tilt corresponding to a stationary state of the mobile machine relative to the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 7: wherein tilting the radar device upward with respect to the ground plane prevents the field of view of the radar device from intersecting the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 8: A mobile machine, comprising: an exterior; a perception device having a field of view; and a system for operating the perception device of the mobile machine, the system including: an actuator operably coupled between the perception device and the exterior; and a controller configured to: receive an input indicative of a ground speed of the mobile machine; and control, based on the input, the actuator to tilt the perception device with respect to a ground plane to alter the field of view of the perception device, wherein the ground speed is within a speed range of a plurality of predefined speed ranges, and a tilting angle of the perception device is one of a plurality of discrete angles each corresponding to one of the predefined speed ranges (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 1).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 9: wherein the field of view is a vertical field of view spanning between a first field extent and a second field extent to define a vertical viewing angle in a vertical plane extending along a length of the mobile machine (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 10: wherein the input includes a first signal indicative of an initial ground speed of the mobile machine and a second signal indicative of a current ground speed of the mobile machine, and wherein, if the initial ground speed is less than a predefined low-speed threshold and the current ground speed is greater than a predefined high-speed threshold, controlling the actuator to tilt the perception device includes tilting the perception device upward with respect to the ground plane to prevent the field of view of the perception device from intersecting the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 3).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 11: wherein if the initial ground speed is greater than the predefined high-speed threshold and the current ground speed is less than the predefined low-speed threshold, controlling the actuator to tilt the perception device includes tilting the perception device downward with respect to the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 4).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 12: wherein the system further includes a spring extending from a mount of the perception device to a body of the perception device, wherein the spring is configured to bias the perception device towards a default tilt corresponding to a stationary state of the mobile machine relative to the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 5).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 13: wherein the actuator is an electronic actuator (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 14: wherein the perception device includes a radar device (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 1).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 15: A method of operating a perception device of a mobile machine, the method comprising; receiving, by a controller, an input indicative of a ground speed of the mobile machine; and controlling, by the controller, an actuator operably coupled between the perception device and an exterior of the mobile machine, based on the input, to tilt the perception device with respect to a ground plane to alter a field of view of the perception device, wherein the ground speed is within a speed range of a plurality of predefined speed ranges, and a tilting angle of the perception device is one of a plurality of discrete angles each corresponding to one of the predefined speed ranges (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 1).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 16: wherein the field of view is a vertical field of view spanning between a first field extent and a second field extent to define a vertical viewing angle in a vertical plane extending along a length of the mobile machine (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 17: wherein the input includes a first signal indicative of an initial ground speed of the mobile machine and a second signal indicative of a current ground speed of the mobile machine, wherein controlling the actuator based on the input includes: actuating, if the initial ground speed is less than a predefined low-speed threshold and the current ground speed is greater than a predefined high-speed threshold, the actuator in a manner to tilt the perception device upward with respect to the ground plane to prevent the field of view of the perception device from intersecting the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 3).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 18: wherein controlling the actuator based on the input includes: actuating, if the initial ground speed is greater than the predefined high-speed threshold and the current ground speed is less than the predefined low-speed threshold, the actuator in a manner to tilt the perception device downward with respect to the ground plane (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 4).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 19: wherein the actuator is an electronic actuator (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6; see claim 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 20: wherein the perception device includes a radar device (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Both 316 and 893 disclose claim 21: wherein the tilting angle is proportional to the ground speed (see 316 at least fig. 1- 6 and in particular fig. 1-3; vehicle with radar and automatically adjusting the angle of the radar based on road surface and see 893 at least fig. 1-10 and in particular fig. 1-2 & 6).
Motivation to combine 316 with 893, in the instant claim is the same as that in claim 1 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached from 9:00am-9:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MACEEH . ANWARI
Primary Examiner
Art Unit 3663
/MACEEH ANWARI/ Primary Examiner, Art Unit 3663