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
Claims 1-12 are presented for examination.
Claims 1-12 are rejected.
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shike; Chikashi (US Pub. No.: 2018/0218304 A1: hereinafter “Shike”).
Consider claims 1, 5, and 9:
Shike teaches an excavation system, a control apparatus, and an excavation method (See Shike, e.g., “…A construction management system includes a construction amount data calculation unit configured to calculate…acquire original unit data indicating a specific condition of a work device that constructs the construction site, a construction plan data calculation unit configured to calculate…a construction cost required when construction is executed using the construction plan, and a construction plan data output unit configured to cause an output device to output the construction cost corresponding to the target construction period…” of Abstract, (¶ [0006]-¶ [0009], and Fig. 1 elements 1-14, Fig. 10 steps S10-S150) comprising: acquiring a load data corresponding to information related to a loading spot where an object treated as a target to be excavated is loaded (See Shike, e.g., “…The construction pattern includes use conditions of the construction machine 4 and the transporter vehicle 5 that are to be set when a certain work is executed. The use conditions of the construction machine 4 and the transporter vehicle 5 include a combination condition of the construction machine 4 and the transporter vehicle 5…The transport condition data acquisition unit 30 acquires transport condition data of the transporter vehicle 5. The transport condition data includes at least either one of a travel condition of the transporter vehicle 5 and a condition of a loaded object to be transported by the transporter vehicle 5…” of ¶ [0039]-¶ [0047], ¶ [0080], ¶ [0108], ¶ [0116], ¶ [0122], ¶ [0135], ¶ [0178]-¶ [0189], and Fig. 1 elements 1-14, Figs. 5-6 elements 440A-B, Fig. 10 steps S10-S150), the load data being related to indicating a position of the object loaded at the loading spot in the loading spot (See Shike, e.g., “…The construction pattern includes use conditions of the construction machine 4 and the transporter vehicle 5 that are to be set when a certain work is executed. The use conditions of the construction machine 4 and the transporter vehicle 5 include a combination condition of the construction machine 4 and the transporter vehicle 5…The transport condition data acquisition unit 30 acquires transport condition data of the transporter vehicle 5. The transport condition data includes at least either one of a travel condition of the transporter vehicle 5 and a condition of a loaded object to be transported by the transporter vehicle 5…” of ¶ [0039]-¶ [0047], ¶ [0080], ¶ [0108], ¶ [0116], ¶ [0122], ¶ [0135], ¶ [0178]-¶ [0189], and Fig. 1 elements 1-14, Figs. 5-6 elements 440A-B, Fig. 10 steps S10-S150); and transmitting, based on the load data, the control information, related to operations of a work device which is configured to move the object to the loading spot (See Shike, e.g., “…The construction result data is data indicating a result of construction executed by the construction machine 4. The construction machine 4 acquires construction result data of itself. Based on a trajectory of the absolute position of the blade edge 440p of the work member 440 that contacts the current landform, or a travel trajectory of the crawler, the construction machine 4 can detect the current landform…the construction plan data calculation unit 20 converts position data of each of a plurality of mesh points acquired by the construction machine 4, into three-dimensional image data. The construction plan data calculation unit 20 outputs, via the construction plan data output unit 31, the construction result data to the mobile terminal 7, the information terminal 8, the information terminal 13, and the information terminal 15…” of ¶ [0039]-¶ [0047], ¶ [0067]-¶ [0080], ¶ [0090],¶ [0108], ¶ [0116], ¶ [0122], ¶ [0145], ¶ [0178]-¶ [0189], and Fig. 1 elements 1-14, Figs. 5-6 elements 440A-B, Fig. 10 steps S10-S150), to the work device, the control information indicating at least one of a position where the object should be loaded onto the loading spot and a position where the object loaded at the loading spot should be leveled (See Shike, e.g., “…The transport condition data acquisition unit 30 acquires transport condition data of the transporter vehicle 5. The transport condition data includes at least either one of a travel condition of the transporter vehicle 5 and a condition of a loaded object to be transported by the transporter vehicle 5…The computer system 2 of the construction management system 1 includes a construction plan data calculation unit 20, a construction result data acquisition unit 21, a current landform data acquisition unit 22, a design landform data acquisition unit 23, a construction amount data calculation unit 24, a mode data acquisition unit 25, an original unit data acquisition unit 26, a construction condition data acquisition unit 27, a construction pattern acquisition unit 28, a variation factor data acquisition unit 29, a transport condition data acquisition unit 30, a construction plan data output unit 31, and a remote control unit 32…” of ¶ [0039]-¶ [0047], ¶ [0067]-¶ [0086], ¶ [0090],¶ [0108], ¶ [0116], ¶ [0122], ¶ [0145], ¶ [0178]-¶ [0189], ¶ [0198]-¶ [0203], and Fig. 1 elements 1-14, Figs. 5-6 elements 440A-B, Fig. 10 steps S10-S150).
Consider claims 2, 6, and 10:
Shike teaches everything claimed as implemented in the rejection of claims 1, 5, and 9 above. In addition, Shike teaches wherein the controller acquires information related to the object at the loading spot, and transmits the control information based on the information related to the object and the load data (See Shike, e.g., “…The computer system 2 of the construction management system 1 includes a construction plan data calculation unit 20, a construction result data acquisition unit 21, a current landform data acquisition unit 22, a design landform data acquisition unit 23, a construction amount data calculation unit 24, a mode data acquisition unit 25, an original unit data acquisition unit 26, a construction condition data acquisition unit 27, a construction pattern acquisition unit 28, a variation factor data acquisition unit 29, a transport condition data acquisition unit 30, a construction plan data output unit 31, and a remote control unit 32…The use conditions of the construction machine 4 and the transporter vehicle 5 include a combination condition of the construction machine 4 and the transporter vehicle 5. A plurality of construction patterns is stored in the construction pattern storage unit 43…” of ¶ [0039]-¶ [0047], ¶ [0067]-¶ [0086], ¶ [0090],¶ [0108], ¶ [0116], ¶ [0122], ¶ [0145], ¶ [0178]-¶ [0189], ¶ [0198]-¶ [0203], and Fig. 1 elements 1-14, Figs. 5-6 elements 440A-B, Fig. 10 steps S10-S150).
Consider claims 3, 7, and 11:
Shike teaches everything claimed as implemented in the rejection of claims 2, 6, and 10 above. In addition, Shike teaches wherein the controller acquires information related to the work device, and transmits the control information based on at least one of the information related to the work device, the information related to the object and the load data (See Shike, e.g., “…construction is started based on the determined construction plan (Step S130). Design landform data and construction plan data are transmitted from the construction plan data output unit 31 to the construction machine 4. Based on the design landform data, the construction machine 4 performs construction of the construction site 3 while controlling the work member 440…” of ¶ [0039]-¶ [0047], ¶ [0067]-¶ [0086], ¶ [0090],¶ [0108], ¶ [0116], ¶ [0122], ¶ [0145], ¶ [0178]-¶ [0189], ¶ [0198]-¶ [0203], ¶ [0232]-¶ [0237], and Fig. 1 elements 1-14, Figs. 5-6 elements 440A-B, Fig. 10 steps S10-S150).
Consider claims 4, 8, and 12:
Shike teaches everything claimed as implemented in the rejection of claims 1, 5, and 9 above. In addition, Shike teaches wherein the controller determines a path of movement of the work device, and transmits the control information corresponding to the path (See Shike, e.g., “…The construction pattern includes use conditions of the construction machine 4 and the transporter vehicle 5 that are to be set when a certain work is executed. The use conditions of the construction machine 4 and the transporter vehicle 5 include a combination condition of the construction machine 4 and the transporter vehicle 5…The transport condition data acquisition unit 30 acquires transport condition data of the transporter vehicle 5. The transport condition data includes at least either one of a travel condition of the transporter vehicle 5 and a condition of a loaded object to be transported by the transporter vehicle 5…” of ¶ [0039]-¶ [0047], ¶ [0080], ¶ [0108], ¶ [0116], ¶ [0122], ¶ [0135], ¶ [0178]-¶ [0189], and Fig. 1 elements 1-14, Figs. 5-6 elements 440A-B, Fig. 10 steps S10-S150).
Obviousness Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-12 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-10 of US Patent No. 12,110,661 B2. Although the claims at issue are not identical, they are not patentably distinct from each other, take an example of claims 1, 5, and 9 of the instant application and claims 1, 5, and 8 of the US Patent No. 12,110,661 B2 (Please see the Table below):
Claims of US Pat. No. 12,110,661 B2 (hereinafter ‘661)
Claims of pending Application 18/822,519
Reasoning
1. An excavation system comprising: an excavation device configured to excavate an object treated as a target of excavation at an excavation spot; a first detection device comprising a first sensor, the first sensor being installed at a first fixed position above the excavation spot and configured to detect information related to the object; a second detection device comprising a second sensor, the second sensor being installed at a second fixed position above a loading spot at which the object is loaded, and the second sensor is configured to detect information related to the loading spot; and a control device configured to transmit control information related to operations of the excavation device to the excavation device based on target location data indicating a position of the object corresponding to the information related to the object, wherein the excavation device executes operations for excavation in accordance with the control information, wherein the control device is further configured to transmit the control information to the excavation device based on load data corresponding to the information related to the loading spot, the load data being related to the position of the object, which is loaded at the loading spot, wherein the excavation device is further configured to execute operations for loading in accordance with the control information, wherein the excavation system further comprises a third detection device configured to detect information related to a state of the excavation device, wherein the control device transmits the control information to the excavation device based on device data indicating the state of the excavation device corresponding to the information related to the state of the excavation device, wherein the excavation system further comprises an intermediate control device configured to transmit process data to be processed by the control device to the control device based on one or more of the information related to the object, the information related to the loading spot, and the information related to the state of the excavation device, and wherein the control device transmits the control information to the excavation device based on the process data.
1. An excavation system comprising: hardware, including a processor and memory; an acquirer implemented at least by the hardware and configured to acquire a load data corresponding to information related to a loading spot where an object treated as a target to be excavated is loaded, the load data being related to indicating a position of the object loaded at the loading spot in the loading spot; and a controller implemented at least by the hardware and configured to transmit, based on the load data, the control information, related to operations of a work device which is configured to move the object to the loading spot, to the work device, the control information indicating at least one of a position where the object should be loaded onto the loading spot and a position where the object loaded at the loading spot should be leveled.
2. The excavation system according to claim 1, wherein the controller acquires information related to the object at the loading spot, and transmits the control information based on the information related to the object and the load data.
3. The excavation system according to claim 2, wherein the controller acquires information related to the work device, and transmits the control information based on at least one of the information related to the work device, the information related to the object and the load data.
4. The excavation system according to claim 1, wherein the controller determines a path of movement of the work device, and transmits the control information corresponding to the path.
5. An excavation method comprising: acquiring a load data corresponding to information related to a loading spot where an object treated as a target to be excavated is loaded, the load data being related to indicating a position of the object loaded at the loading spot in the loading spot; and transmitting, based on the load data, the control information, related to operations of a work device which is configured to move the object to the loading spot, to the work device, the control information indicating at least one of a position where the object should be loaded onto the loading spot and a position where the object loaded at the loading spot should be leveled.
6. The excavation method according to claim 5, further comprising: acquiring information related to the object at the loading spot, and transmitting the control information based on the information related to the object and the load data.
7. The excavation method according to claim 6, further comprising: acquiring information related to the work device, and transmitting the control information based on at least one of the information related to the work device, the information related to the object and the load data.
8. The excavation method according to claim 5, further comprising: determining a path of movement of the work device, and transmitting the control information corresponding to the path.
9. A control apparatus comprising: hardware, including a processor and memory; an acquisition unit implemented at least by the hardware and configured to acquire a load data corresponding to information related to a loading spot where an object treated as a target to be excavated is loaded, the load data being related to indicating a position of the object loaded at the loading spot in the loading spot; and a control unit implemented at least by the hardware and configured to transmit, based on the load data, the control information, related to operations of a work device which is configured to move the object to the loading spot, to the work device, the control information indicating at least one of a position where the object should be loaded onto the loading spot and a position where the object loaded at the loading spot should be leveled.
10. The control apparatus according to claim 9, wherein the control unit acquires information related to the object at the loading spot, and transmits the control information based on the information related to the object and the load data.
11. The control apparatus according to claim 10, wherein the control unit acquires information related to the work device, and transmits the control information based on at least one of the information related to the work device, the information related to the object and the load data.
12. The control apparatus according to claim 9, wherein the control unit determines a path of movement of the work device, and transmits the control information corresponding to the path.
Claims of ‘661 only differ from the instant application, in that the claims of ‘661 specify “a first detection device comprising a first sensor, the first sensor being installed at a first fixed position above the excavation spot and configured to detect information related to the object; a second detection device comprising a second sensor…a third detection device configured to detect information related to a state of the excavation device”. Nonetheless, the removal of said limitations from claims of the instant application made claims a broader version of claims of ‘661. Therefore, since omission of an element and its function in combination is an obvious expedient if the remaining elements perform the same function as before (In re Karlson (CCPA) 136 USPQ 184 (1963)), claims are not patentably distinct from claims of '661.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kondo et al. (US Pub. No.: 2016/0376772 A1) teaches “A construction machine control system controls a construction machine including a traveling device, a work machine having a working tool, and a swing structure to which the work machine is attached and which is attached to the traveling device to swing with respect to the traveling device. The construction machine control system includes a position detection device that detects a first position which is a position of a partial portion of the construction machine and outputs the first position as first position information; a state detection device that detects and outputs operation information indicating an operation of the construction machine; and a processing device that calculates a second position corresponding to the position of the partial portion using the first position information and the operation information and calculates a position of at least a partial portion of the work machine using second position information.”
Baba et al. (US Pub. No.: 2016/0237655 A1) teaches “A posture computing apparatus for a work machine is an apparatus that obtains a posture angle of a work machine including a traveling body and a swing body that is mounted on the traveling body and that rotates relative to the traveling body. The posture computing apparatus includes a detection apparatus that is provided to the swing body and detects angular velocity and acceleration; an acceleration correcting unit that corrects the acceleration detected by the detection apparatus, based on a position where the detection apparatus is placed and information on the detection apparatus; and a posture angle computing unit that obtains a posture angle of the work machine from the acceleration corrected by the acceleration correcting unit and the angular velocity detected by the detection apparatus.”
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/BABAR SARWAR/Primary Examiner, Art Unit 3667