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 .
Application Status
This office action is responsive to the amendments filed on 07/09/2026.
Claims 1-15 are pending and presented for examination.
This office action has been made FINAL.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 (Foreign Priority Date: 05/27/2022).
Response to Arguments
Applicant's arguments filed 07/09/2026 have been fully considered but they are not persuasive.
Regarding the claim objection, the examiner maintains dependent claims 10 and 11 are not written in proper form. The claims should properly recite as “The display system of the work machine according to claim 1 …”, in which, is similar to the claim structure of dependent claims 2-9. MPEP 608.01(m) recites “Claims should preferably be arranged in order of scope so that the first claim presented is the least restrictive. All dependent claims should be grouped together with the claim or claims to which they refer to the extent practicable. Where separate species are claimed, the claims of like species should be grouped together where possible. Similarly, product and process claims should be separately grouped. Such arrangements are for the purpose of facilitating classification and examination.” MPEP 608.01(m) goes on to recites “the preamble of this form of claim is considered to positively and clearly include all the elements or steps recited therein as a part of the claimed combination.” Accordingly, the examiner maintains the objection.
Regarding the 35 USC claim rejection, the examiner is not persuaded. A quotation of 35 U.S.C. 112(b) states that a claim should “particularly pointing out and distinctly claiming the subject matter.” However, claim 11 fails to provide any details that may further limit claim 1. Therefore, the examiner maintains the rejection.
The Applicant alleges the following: “This processing of Clar does not disclose at least the element of "a moving path [that] is an arc-shaped locus derived in advance based on a structure of a link mechanism including the shank of the ripper working equipment," nor the element of calculating "the contact position as a geometric intersection point of the three-dimensional data of the surface of the work target, ...and the moving path" as recited in amended Claim 1.” The examiner is not persuaded. The combination of Clar and NAGAOKA discloses a moving path in Paragraphs 0022; 0039-0041 of Clar. NAGAOKA goes on to disclose the Applicant’s claim language of “an arc-shaped locus” in Paragraphs 0010; 0013.
NAGAOKA goes on to disclose the Applicant’s claim language of “derived in advance based on a structure of a link mechanism” in Paragraph 0281. Moreover, Clar discloses the Applicant’s claim language of “including the shank of the ripper working equipment” in Paragraphs 0022; 0039-0041. Clar goes on to disclose the Applicant’s claim language of “and the contact position calculation unit calculates” in Paragraph 0051.
Moreover, Clar discloses the Applicant’s claim language of “the contact position as a geometric intersection point of the three-dimensional data” in Figure 3; Paragraphs 0021; 0023-0028 of Clar. Clar discloses the Applicant’s claim language of “of a surface of the work target, the initial position, and the moving path derived in advance in Paragraphs 0022; 0039-0041. MPEP § 2106 states Office personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed Cir. 1997). Accordingly, the examiner maintains the rejection.
Claim Objections
Claims 10 and 11 are objected to because of the following informalities:
Dependent claim 10 recites “A remote operation system of a work machine …”. To be consistent with the language presented in independent claim 1, upon which, claim 10 depends upon, the examiner suggests the claim should recite as “The display system of the work machine according to claim 1 …”.
Dependent claim 11 recites “A remote operation system of a work machine…”. To be consistent with the language presented in independent claim 1, upon which, claim 11 depends upon, the examiner suggests the claim should recite as “The display system of the work machine according to claim 1 …”.
Appropriate correction is required.
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.
Claim 11 is 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.
Claim 11 fails to provide any details that may further limit claim 1. Therefore, this claim is rendered as indefinite.
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.
Claim(s) 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Clar, US 201402779571 in view of NAGAOKA, US 20180155940.
Claim 1:
Clar discloses a display system of a work machine (See Clar Abstract; Figure 3; Paragraphs 0007-0009; 0023-0028). However, Clar failed to explicitly disclose “arc-shaped locus” and “link mechanism.” NAGAOKA discloses “arc-shaped locus” in paragraphs 0010; 0013 and “link mechanism” in paragraph 0281. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Clar by the teachings of NAGAOKA to enable improved controlling a machine by incorporating an arc-shaped locus derived in advance based on a structure of a link mechanism, as taught by NAGAOKA. In addition, both of the references teach features that are directed to analogous art and they are directed to the same field of endeavor, such as controlling a machine. This close relation between both of the references highly suggests an expectation of success.
As modified:
The combination of Clar and NAGAOKA discloses the following:
a three-dimensional data acquisition unit that acquires three-dimensional data (See Clar Figure 3; Paragraphs 0021; 0023-0028) of a work target of ripper working equipment coupled to a vehicle body of a work machine (See Clar Figure 3; Paragraphs 0021; 0023-0028);
an image data acquisition unit that acquires a work target image showing an image of the work target (See Clar Figure 3; Paragraphs 0023-0028; 00372);
a contact position calculation unit that calculates (See Clar Paragraph 0051), based on the three-dimensional data (See Clar Figure 3; Paragraphs 0021; 0023-0028), an initial position of a ripper point (See Clar Paragraphs 0026-0032) provided in a shank of the ripper working equipment (See Clar Figure 3; Paragraphs 0026-0032), and a moving path of the ripper point (See Clar Paragraphs 0022; 0039-0041), a contact position with which the ripper point comes into contact in the work target (See Clar Paragraphs 0026-0032; 0040; 0053);
a contact position image generation unit (See Clar Figure 3; Paragraphs 0023-0028; 00373) that generates a contact position image showing the contact position (See Clar Paragraphs 0026-0032; 0040; 0053);
and a display control unit (See Clar Figure 1, Item 132; Paragraph 0038) that combines the work target image and the contact position image and causes a display device to display (See Clar Figure 1, Item 132; Paragraph 0038) a combined image (See Clar Figure 3; Paragraphs 0023-0028; 00374),
wherein the moving path (See Clar Paragraphs 0022; 0039-0041) is an arc-shaped locus (See NAGAOKA Paragraphs 0010; 0013) derived in advance based on a structure of a link mechanism (See NAGAOKA Paragraph 0281) including the shank of the ripper working equipment (See Clar Paragraphs 0022; 0039-0041), and the contact position calculation unit calculates (See Clar Paragraph 0051) the contact position as a geometric intersection point of the three-dimensional data (See Clar Figure 3; Paragraphs 0021; 0023-0028) of a surface of the work target, the initial position, and the moving path derived in advance (See Clar Paragraphs 0022; 0039-0041).
Claim 2:
The combination of Clar and NAGAOKA discloses wherein the display control unit (See Clar Figure 1, Item 132; Paragraph 0038) combines the work target image and the contact position image (See Clar Figure 3; Paragraphs 0023-0028; 0037) and causes the display device to display (See Clar Figure 1, Item 132; Paragraph 0038) the combined image before the ripper point comes into contact with the work target (See Clar Figure 3; Paragraphs 0023-0028; 0037).
Claim 3:
The combination of Clar and NAGAOKA discloses wherein the combining the work target image and the contact position image includes superimposing the contact position image on the work target image (See Clar Figure 3; Paragraphs 0023-0028; 00375).
Claim 4:
The combination of Clar and NAGAOKA discloses an initial position determination unit that determines the initial position (See Clar Paragraphs 0039-0042; 0051), wherein the initial position determination unit determines the initial position based on an initial posture of the ripper working equipment determined in advance (See Clar Paragraphs 0039-0042; 0051).
Claim 5:
The combination of Clar and NAGAOKA discloses an initial position determination unit that determines the initial position (See Clar Paragraphs 0021-0022; 0029-00326), wherein the initial position determination unit determines the initial position (See Clar Paragraphs 0021-0022; 0029-00327) based on detection data of a posture sensor (See Clar Paragraphs 0022; 0028-0033) that detects an initial posture of the ripper working equipment (See Clar Paragraphs 0068-0072).
Claim 6:
The combination of Clar and NAGAOKA discloses a guide image generation unit that generates, based on the detection data of the posture sensor, a guide image displayed (See Clar Figure 1, Item 132; Paragraph 0038) between at least a part of the shank and the work target (See Clar Figure 3; Paragraphs 0023-0028; 0037), wherein the display control unit (See Clar Figure 1, Item 132; Paragraph 0038) combines the work target image and the guide image and causes the display device (See Clar Figure 1, Item 132; Paragraph 0038) to display the combined image (See Clar Figure 3; Paragraphs 0023-0028; 0037).
Claim 7:
The combination of Clar and NAGAOKA discloses wherein the contact position calculation unit calculates the contact position (See Clar Paragraph 0051) based on the moving path derived in advance (See Clar Paragraphs 0039-0042; 0051).
Claim 8:
The combination of Clar and NAGAOKA discloses the following:
wherein the ripper working equipment (See Clar Figure 3; Paragraphs 0023-0028; 0037-0039; 0042) includes a lift cylinder (See Clar Figure 3; Paragraphs 0023-0028; 0037-0039; 0042) that is coupled to the vehicle body and moves a shank (See Clar Paragraphs 0026; 0042; 0071-0072), including the ripper point in an up-down direction (See Clar Figure 3; Paragraphs 0023-0028; 0037-0039; 0042), a tilt cylinder that is coupled to the vehicle body and moves the ripper point in a front-rear direction (See Clar Figure 3; Paragraphs 0023-0028; 0037-0039; 0042), and a ripper arm (See Clar Figure 3; Paragraphs 0025; 0031) that couples the vehicle body and the shank (See Clar Figure 3; Paragraphs 0026; 0042; 0071-0072),
and the moving path is derived in advance based on structure of the ripper working equipment (See Clar Paragraphs 0022; 0039-0041).
Claim 9:
The combination of Clar and NAGAOKA discloses the following:
a map data generation unit (See Clar Paragraphs 0035; 0058; 0064-0066; 0076) that generates three-dimensional map data of a work site, where the work machine works (See Clar Figure 3; Paragraphs 0021; 0023-0028), based on three-dimensional data of the work site (See Clar Figure 3; Paragraphs 0021; 0023-0028), the three-dimensional data being acquired by the three-dimensional data acquisition unit (See Clar Paragraph 0076);
and a map data storage unit (See Clar Paragraphs 0035; 0058; 0064-0066; 0076) that stores the three-dimensional map data (See Clar Figure 3; Paragraphs 0021; 0023-0028) generated by the map data generation unit (See Clar Paragraph 0076),
wherein the three-dimensional map data (See Clar Paragraphs 0035; 0058; 0064-0066; 0076) includes three-dimensional data of the work target (See Clar Figure 3; Paragraphs 0021; 0023-0028),
and the contact position calculation unit calculates (See Clar Paragraph 0051) the contact position based on the three-dimensional map data stored in the map data storage unit (See Clar Paragraphs 0035; 0058; 0064-0066; 0076).
Claim 10:
The combination of Clar and NAGAOKA discloses wherein the display device (See Clar Figure 1, Item 132; Paragraph 0038) is disposed at a remote place away from a work site where the work machine works (See Clar Paragraph 00228).
Claim 11:
The combination of Clar and NAGAOKA discloses a work machine comprising the display system of the work machine (See Clar Abstract; Figure 3; Paragraphs 0007-0009; 0023-0028).
Claim 12:
Claim 12 is rejected on the same basis as claim 1.
Claim 13:
The combination of Clar and NAGAOKA discloses wherein the moving path (See Clar Paragraphs 0022; 0039-0041) is a moving path of a distal end portion (See NAGAOKA Paragraphs 0239; 0249) of the ripper point and is an arc- shaped locus (See NAGAOKA Paragraphs 0010; 0013) derived in advance based on a structure of a link mechanism (See NAGAOKA Paragraph 0281) including the shank of the ripper working equipment (See Clar Figure 3; Paragraphs 0023-0028; 0037-0039; 0042), the contact position calculation unit calculates (See Clar Paragraph 0051) the contact position as a geometric intersection point of the three-dimensional data (See Clar Figure 3; Paragraphs 0021; 0023-0028) of a surface of the work target, an initial position of the distal end portion (See NAGAOKA Paragraphs 0239; 0249), and the moving path of the distal end portion (See NAGAOKA Paragraphs 0239; 0249) derived in advance (See Clar Paragraphs 0022; 0039-0041), and the display control unit (See Clar Figure 1, Item 132; Paragraph 0038) combines the contact position image with the work target image in a superimposed manner and causes the display device to display the combined image (See Clar Figure 1, Item 132; Paragraph 0038), before the ripper point comes into contact with the work target (See Clar Paragraphs 0022; 0039-0041).
Claim 14:
Claim 14 is rejected on the same basis as claim 13.
Claim 15:
The combination of Clar and NAGAOKA discloses wherein the initial posture is a maximum tilt-back posture (See Clar Paragraph 0051) in which a distal end portion (See NAGAOKA Paragraphs 0239; 0249) of the ripper point is disposed at an uppermost position and a rearmost position in a movable range of the ripper working equipment (See Clar Figure 3; Paragraphs 0023-0028; 0037-0039; 0042).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PATENT NO.:12012726 relates to a display system for a work machine.
Conclusion
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEREE N BROWN whose telephone number is (571)272-4229. The examiner can normally be reached M-F 5:30-2:00 PM EST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAID BROOME can be reached at (571) 272-2931. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEREE N BROWN/Primary Examiner, Art Unit 2612 August 21, 2026
1 US Patent No.: 9014925
2 Clar Paragraph 0037 recites “Machine 10 may be configured to be operated autonomously, semi-autonomously, or manually. In case of semi-autonomous or manual operation, the machine may be operated by remote control and/or by an operator physically located within the cab 27. If the machine 10 is configured to operate via a remote-control system, a visual image system 38 such as a camera system may be provided on the machine 10 for generating visual images indicative of a point of view relative to the machine 10. The visual image system 38 may include a plurality of visual image sensors such as cameras 39 for generating visual image signals. The visual image signals may be transmitted wirelessly to a system remote from machine 10. In doing so, the visual image signals may be processed to some extent by controller 36 at machine 10 and subsequently transmitted to a remote system or transmitted to the remote system and processed by the remote system. The plurality of cameras 39 of the visual image system 38 may be positioned to capture different views that an operator would have from within the cab 27 of machine 10. In an alternate embodiment, a plurality of cameras 39 may be positioned to provide a point of view including the machine 10 and/or the blade 11 as well as a portion of the work site 100 at which the machine is operating.”
3 Clar Paragraph 0037 recites “Machine 10 may be configured to be operated autonomously, semi-autonomously, or manually. In case of semi-autonomous or manual operation, the machine may be operated by remote control and/or by an operator physically located within the cab 27. If the machine 10 is configured to operate via a remote-control system, a visual image system 38 such as a camera system may be provided on the machine 10 for generating visual images indicative of a point of view relative to the machine 10. The visual image system 38 may include a plurality of visual image sensors such as cameras 39 for generating visual image signals. The visual image signals may be transmitted wirelessly to a system remote from machine 10. In doing so, the visual image signals may be processed to some extent by controller 36 at machine 10 and subsequently transmitted to a remote system or transmitted to the remote system and processed by the remote system. The plurality of cameras 39 of the visual image system 38 may be positioned to capture different views that an operator would have from within the cab 27 of machine 10. In an alternate embodiment, a plurality of cameras 39 may be positioned to provide a point of view including the machine 10 and/or the blade 11 as well as a portion of the work site 100 at which the machine is operating.”
4 Clar Paragraph 0037 recites “Machine 10 may be configured to be operated autonomously, semi-autonomously, or manually. In case of semi-autonomous or manual operation, the machine may be operated by remote control and/or by an operator physically located within the cab 27. If the machine 10 is configured to operate via a remote-control system, a visual image system 38 such as a camera system may be provided on the machine 10 for generating visual images indicative of a point of view relative to the machine 10. The visual image system 38 may include a plurality of visual image sensors such as cameras 39 for generating visual image signals. The visual image signals may be transmitted wirelessly to a system remote from machine 10. In doing so, the visual image signals may be processed to some extent by controller 36 at machine 10 and subsequently transmitted to a remote system or transmitted to the remote system and processed by the remote system. The plurality of cameras 39 of the visual image system 38 may be positioned to capture different views that an operator would have from within the cab 27 of machine 10. In an alternate embodiment, a plurality of cameras 39 may be positioned to provide a point of view including the machine 10 and/or the blade 11 as well as a portion of the work site 100 at which the machine is operating.”
5 Clar Paragraph 0037 recites “Machine 10 may be configured to be operated autonomously, semi-autonomously, or manually. In case of semi-autonomous or manual operation, the machine may be operated by remote control and/or by an operator physically located within the cab 27. If the machine 10 is configured to operate via a remote-control system, a visual image system 38 such as a camera system may be provided on the machine 10 for generating visual images indicative of a point of view relative to the machine 10. The visual image system 38 may include a plurality of visual image sensors such as cameras 39 for generating visual image signals. The visual image signals may be transmitted wirelessly to a system remote from machine 10. In doing so, the visual image signals may be processed to some extent by controller 36 at machine 10 and subsequently transmitted to a remote system or transmitted to the remote system and processed by the remote system. The plurality of cameras 39 of the visual image system 38 may be positioned to capture different views that an operator would have from within the cab 27 of machine 10. In an alternate embodiment, a plurality of cameras 39 may be positioned to provide a point of view including the machine 10 and/or the blade 11 as well as a portion of the work site 100 at which the machine is operating.”
6 Char Paragraph 0021 recites “based upon the current position of the machine 10” wherein the “current position” is the same as the Applicant’s “initial position.”
7 Char Paragraph 0021 recites “based upon the current position of the machine 10” wherein the “current position” is the same as the Applicant’s “initial position.”
8 Clar Paragraph 0022 recites “a machine 10 may be operated remotely by an operator (i.e., remote control) in either a manual or semi-autonomous manner.”
Prosecution Insights