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
This action is in reply to the preliminary amendment filed 25 September 2024.
Claims 1-11 have been amended and are hereby entered.
Claims 12-13 have been added.
Claims 1-13 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 25 September 2024 has been considered by the examiner and an initialed copy of the IDS is hereby attached.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a sprinkling data generation unit configured to generate sprinkling data” recited in at least claims 1, 11
“an assignment unit configured to … output a transport command” recited in at least claims 1, 11
“a loading machine position acquisition unit configured to acquire a position” recited in at least claims 3, 13
“a destination position determination unit configured to determine the destination position” recited in at least claims 3, 4, 13, and 14
“a travel data generation unit configured to generate travel data” as recited in at least claim 7
“a sprinkling state storage unit configured to store a sprinkled area” as recited in at least claim 8
“a schedule management unit configured to manage a transport time of an operator” as recited at least in claim 11
Structural support for the control devices including the above units can be found in [0064] of the application and Figure 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 2-9 and 12-13 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.
Claim 2 recites the limitation “a work site” in the preamble. Clam 2 depends from claim 1 which previously recited “a work site”. It is not clear if claim 2 is referring to the same work site a or a different work site as that claimed in claim 1. The examiner recommends amending claim 2 to recite “the work site”.
Claims 2-9 and 12-13 recite “a work site” and are rejected for the same reason as claim 2 above.
Claim 5 recites “a sprinkling vehicle. Claim 5 is dependent from claim 1 which previously recited “a sprinkling vehicle” in line 4. It is not clear if claim 5 is referring to the same sprinkling vehicle or another sprinkling vehicle as that claimed in claim 1.
Claim 6 recites “a sprinkling vehicle’. Claim 6 is dependent from claim 1 which previously recited “a sprinkling vehicle” in line 4. It is not clear if claim 6 is referring to the same sprinkling vehicle or another sprinkling vehicle as that claimed in claim 1.
Claim 6 recites “a tank” in line 8 which is previously recited in line 3 of claim 6. It is not clear if the tank referred to in line 8 is the same or different than that recited in line 4. Regarding claim 6, the examiner recommends amending claim 6 to recite a plurality of sprinkling vehicles, wherein …”each of the sprinkling vehicles of the plurality of the sprinkling vehicles has a tank…..” for clarity.
Claim 8 recites “a sprinkling state storage unit configured to store a sprinkled area in which sprinkling has been performed and an unsprinkled area in which sprinkling has not been performed at the work site”. The examiner understands that spraying to reduce dust in a work site is done on a continual basis and not just a single time because over time environmental conditions such as evaporation and further traffic cause additional need for spraying. As written the claim appears that the system stores areas that have been sprayed indefinitely. The examiner notes that it is understood that the invention attempts to prioritize routes that need to be sprayed and accomplishes this by tracking or storing areas that have been sprayed in the recent past. As the claim is written, it is not clear to the examiner if the sprinkling state storage unit stores the state of “sprinkling has been performed” indefinitely such that areas that were sprinkled will not be sprinkled again, and as described in claim 9 only the unsprinkled areas would be subsequently sprinkled, or if there is a time frame of storing an area as “sprinkling has been performed”. For examination purposes, the examiner interprets the sprinkled and unsprinkled areas as recently sprinkled and not recently sprinkled areas such that the areas are either watered or dry.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7, and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uenoyama (US Pub. No. 2021/0339752, hereinafter “Uenoyama”) in view of Takagi (JP-2018060450-A, hereinafter “Takagi”).
Regarding claim 1, Uenoyama discloses a management system of a work site, the management system comprising:
a sprinkling data generation unit configured to generate sprinkling data indicating a sprinkling condition of a sprinkling vehicle at the work site (see at least Uenoyama Figure 1-3 and [0046] “The control unit 13 determines a water sprinkling place based on information indicating the road surface condition. As will be described later, waste water of the vehicle 20 is sprinkled on the water sprinkling place. An external environment can be improved as will be described later by sprinkling the waste water of the vehicle 20 on the water sprinkling place. The information indicating the road surface condition may be information that allows determination of whether the external environment will be improved by sprinkling the waste water to the road surface. Examples of the information indicating the road surface condition and the process of determining a water sprinkling place will be described.” The examiner notes that “a sprinkling condition of a sprinkling vehicle at a work site includes the sprinkling location as described in the instant application at [0044]. Further, the examiner notes that the units appear to be modules of a computer processor see instant application at [0064] and Figure 3, and thus, the control unit of Uenoyama also includes modules capable to perform the operations as described.); and
an assignment unit configured to, [[when receiving a transport request of an operator,]] output a transport command for causing the sprinkling vehicle operating based on the sprinkling data to travel to a destination position (see at least Uenoyama Figure 1-3 and [0066-0069] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20…. [0069] The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.”).
Uenoyama teaches an assignment unit configured to output a transport command for causing the sprinkling vehicle operating based on the sprinkling data to travel to a destination position, including in response to a dispatch of the vehicle by a server (see Uenoyama Figure 1-3 and [0066-0069]). However, Uenoyama does not explicitly indicate that the dispatch is when receiving a transport request of an operator.
Takagi teaches a system outputting a transport command when receiving a transport request of an operator (see at least Takagi Figure 1 and 2 in-vehicle operation panel M108 and remote monitor/controller M113 and [0019] “For the purpose of giving commands to the unmanned operation vehicles V 101 to V 105, an in-vehicle operation panel M 108 for carrying out an operation instruction in a manned state by getting on a driver's seat in the vehicle cabin is mounted on the vehicle.” See also [0023] “The remote monitoring / controller M 113 of the control room is provided as a means for communicating with the vehicle by wirelessly communicating with the in-vehicle wireless module M 112 and controlling autonomous traveling...:” See also Takagi [0036-0037] which teaches the vehicles are used for transporting workers in response to receiving an operator’s instruction )
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Uenoyama with the teaching of Takagi, to output a transport command when receiving a transport request of an operator, with a reasonable expectation of success, because as Takagi teaches the operator panel allows the operator to provide a desired input and the unmanned vehicle to perform the operator’s request.
Regarding claim 2, the combination of Uenoyama and Takagi teach the management system of a work site according to claim 1, wherein the destination position is a getting-on position at which the operator gets on the sprinkling vehicle or a getting-off position at which the operator gets off the sprinkling vehicle (see at least Uenoyama [0068] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location.”)
Regarding claim 3, the combination of Uenoyama and Takagi discloses the management system of a work site according to claim 1, further comprising
a loading machine position acquisition unit configured to acquire a position of a loading machine operated by the operator (see at least Takagi which teaches loading vehicle, for example see at least Figure 1, wherein loading machine includes O101-O103 and [0012-0015], [0013] There are one place (D 101) where the object to be transferred is placed and there are a plurality of places (D 102 to D 105) where the object to be conveyed is lowered. It should be noted that the place where the object to be transported may be placed and the place where the object to be transported is taken down may be plural….[0014] In addition, the course is not a special course, and manned vehicles (O101 to O103) by other drivers also travel in the same area, and traffic lights regulating traffic of unmanned driving vehicles (V101 to V105) and manned vehicles (O101 to O103) I 101 to I 104) are installed in various places on the course…[0015] For the purpose of carrying out loading and unloading work and start-up work to the next destination, the worker has one person placed at the position of the loading descent place (D 101 to D 105) on the course (in-course work People W 101 to W 105….” See also [0024-0025] which teaches each operator has a GPS or a loading machine acquisition unit to acquire the location of the loading machine as the worker and the loading machine are in the same area as taught above [0025] “Further, the in-course workers W 101 to W 105 each have a remote controller M 115, and when a malfunction occurred in the vicinity of a worker, a stop command can be forcibly transmitted by wireless communication to the in-vehicle wireless module M 112 … “Note that the remote controller M 115 has a built-in GPS system, and the in-course workers W 101 to W 105 are always carried during operation, so that from the remote monitor / controller M 113 of the control room wireless communication is performed in the course It is a mechanism that it is possible to know at which position in the area W101 to W105 are located.” See also See also Uenoyama [0085] which teaches multiple vehicles all having a GPS for acquiring the location of the vehicle and thus the combination teaches that the loading vehicle could also include a GPS for acquiring position); and
a destination position determination unit configured to determine the destination position based on the position of the loading machine (see at least Uenoyama Figure 1-3 and [0066-0069] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20…. [0069] The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.” See also Takagi Figure 1 and [0024-0025] which teaches that the workers are near each loading machine and the position of the workers is acquired through GPS and thus this corresponds to the position of the loading machine. See also Takagi [0036-0037] which teaches determining the destination based on the position of the worker/ loading machine [0037] “…During the transport operation, the placing station D101 to the unloading places D102 to D105 are moved unmanned and reciprocated in response to an operator's start instruction. Then, at the end of work, the operator again enters the driver's seat and returns to the garage D 106 from the lowering places D 102 to D 105 by manual operation or automatic operation in the manned state.”)
the assignment unit outputting the transport command such that the sprinkling vehicle travels to the destination position determined by the destination position determination unit (see at least Uenoyama Figure 1-3 and [0066-0069] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20…. [0069] The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.” See also Takagi [0036-0037] “…During the transport operation, the placing station D101 to the unloading places D102 to D105 are moved unmanned and reciprocated in response to an operator's start instruction. Then, at the end of work, the operator again enters the driver's seat and returns to the garage D 106 from the lowering places D 102 to D 105 by manual operation or automatic operation in the manned state.”)
Regarding claim 4, the combination of Uenoyama and Takagi teaches the management system of a work site according to claim 1, further comprising
a destination position determination unit configured to determine the destination position based on an operation of the operator (see at least Uenoyama [0068] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location.” See also Takagi which teaches a system outputting a transport command to a destination based on an operation of an operator; see at least Takagi Figure 1 and 2 in-vehicle operation panel M108 and remote monitor/controller M113 and [0019] “For the purpose of giving commands to the unmanned operation vehicles V 101 to V 105, an in-vehicle operation panel M 108 for carrying out an operation instruction in a manned state by getting on a driver's seat in the vehicle cabin is mounted on the vehicle.” See also Takagi [0023] “The remote monitoring / controller M 113 of the control room is provided as a means for communicating with the vehicle by wirelessly communicating with the in-vehicle wireless module M 112 and controlling autonomous traveling...:” See also Takagi [0036-0037] “During the transport operation, the placing station D101 to the unloading places D102 to D105 are moved unmanned and reciprocated in response to an operator's start instruction. Then, at the end of work, the operator again enters the driver's seat and returns to the garage D 106 from the lowering places D 102 to D 105 by manual operation or automatic operation in the manned state.”)
the assignment unit outputting the transport command such that the sprinkling vehicle travels to the destination position determined by the destination position determination unit (see at least Uenoyama [0068] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location.”).
Regarding claim 5, the combination of Uenoyama and Takagi teaches the management system of a work site according to claim 1, wherein
a plurality of the sprinkling vehicles exist at the work site (see at least Uenoyama Figure 1 and [0032] “As shown in FIG. 1, a water sprinkling system 1 according to an embodiment of the present disclosure includes an information processing device 10 and at least one vehicle 20. In the water sprinkling system 1, waste water of the vehicle 20 is sprinkled to a water sprinkling place determined by the information processing device 10.”), and
the assignment unit determines a sprinkling vehicle to be caused to travel to the destination position based on each position of the plurality of the sprinkling vehicles (see at least Uenoyama Figure 3, determine water sprinkling place S12 and estimate vehicle S13 [0068] When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20.”)
Regarding claim 7, the combination of Uenoyama and Takagi teaches the management system of a work site according to claim 1, further comprising
a travel data generation unit configured to generate travel data indicating a travel condition of the sprinkling vehicle in a sprinkling work (see at least Uenoyama Figure 3, determine water sprinkling place S12 and estimate vehicle S13 [0068] When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20.” The examiner notes that the location of the vehicle corresponds to the travel condition. ).
the travel data generation unit generates generating travel data in a transport work such that the sprinkling vehicle travels to the destination position when the transport request is received (see at least Uenoyama Figure 3, determine water sprinkling place S12 and estimate vehicle S13 [0068] When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20.” See also [0069] “The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20. When the control unit 13 determines the road surface with a temperature below the first threshold temperature as a water sprinkling place, the control unit 13 may send to the vehicle 20 a notification instructing to spread either or both of an anti-icer and a deicer together with the notification instructing to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.” See also Figure 3 for execution of steps and [0108].)
Regarding claim 11, Uenoyama discloses a management method of a work site, the management method comprising:
generating sprinkling data indicating a sprinkling condition of a sprinkling vehicle at the work site (see at least Uenoyama Figure 1-3 and [0046] “The control unit 13 determines a water sprinkling place based on information indicating the road surface condition. As will be described later, waste water of the vehicle 20 is sprinkled on the water sprinkling place. An external environment can be improved as will be described later by sprinkling the waste water of the vehicle 20 on the water sprinkling place. The information indicating the road surface condition may be information that allows determination of whether the external environment will be improved by sprinkling the waste water to the road surface. Examples of the information indicating the road surface condition and the process of determining a water sprinkling place will be described.” The examiner notes that “a sprinkling condition of a sprinkling vehicle at a work site includes the sprinkling location as described in the instant application at [0044]. Further, the examiner notes that the units appear to be modules of a computer processor see instant application at [0064] and Figure 3, and thus, the control unit of Uenoyama also includes modules capable to perform the operations as described.); and
outputting, [[when receiving a transport request of an operator,]] a transport command for causing the sprinkling vehicle operating based on the sprinkling data to travel to a destination position (see at least Uenoyama Figure 1-3 and [0066-0069] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20…. [0069] The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.”).
Uenoyama teaches an assignment unit configured to output a transport command for causing the sprinkling vehicle operating based on the sprinkling data to travel to a destination position, including in response to a dispatch of the vehicle by a server (see Uenoyama Figure 1-3 and [0066-0069]). However, Uenoyama does not explicitly indicate that the dispatch is when receiving a transport request of an operator.
Takagi teaches a system outputting a transport command when receiving a transport request of an operator (see at least Takagi Figure 1 and 2 in-vehicle operation panel M108 and remote monitor/controller M113 and [0019] “For the purpose of giving commands to the unmanned operation vehicles V 101 to V 105, an in-vehicle operation panel M 108 for carrying out an operation instruction in a manned state by getting on a driver's seat in the vehicle cabin is mounted on the vehicle.” See also [0023] “The remote monitoring / controller M 113 of the control room is provided as a means for communicating with the vehicle by wirelessly communicating with the in-vehicle wireless module M 112 and controlling autonomous traveling...:” See also Takagi [0036-0037] which teaches the vehicles are used for transporting workers in response to receiving an operator’s instruction )
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Uenoyama with the teaching of Takagi, to output a transport command when receiving a transport request of an operator, with a reasonable expectation of success, because as Takagi teaches the operator panel allows the operator to provide a desired input and the unmanned vehicle to perform the operator’s request.
Regarding claim 12, the combination of Uenoyama and Takagi teaches the management system of a work site according to claim 2, further comprising
a loading machine position acquisition unit configured to acquire a position of a loading machine operated by the operator (see at least Takagi which teaches loading vehicle, for example see at least Figure 1, wherein loading machine includes O101-O103 and [0012-0015], [0013] There are one place (D 101) where the object to be transferred is placed and there are a plurality of places (D 102 to D 105) where the object to be conveyed is lowered. It should be noted that the place where the object to be transported may be placed and the place where the object to be transported is taken down may be plural….[0014] In addition, the course is not a special course, and manned vehicles (O101 to O103) by other drivers also travel in the same area, and traffic lights regulating traffic of unmanned driving vehicles (V101 to V105) and manned vehicles (O101 to O103) I 101 to I 104) are installed in various places on the course…[0015] For the purpose of carrying out loading and unloading work and start-up work to the next destination, the worker has one person placed at the position of the loading descent place (D 101 to D 105) on the course (in-course work People W 101 to W 105….” See also [0024-0025] which teaches each operator has a GPS or a loading machine acquisition unit to acquire the location of the loading machine as the worker and the loading machine are in the same area as taught above [0025] “Further, the in-course workers W 101 to W 105 each have a remote controller M 115, and when a malfunction occurred in the vicinity of a worker, a stop command can be forcibly transmitted by wireless communication to the in-vehicle wireless module M 112 … “Note that the remote controller M 115 has a built-in GPS system, and the in-course workers W 101 to W 105 are always carried during operation, so that from the remote monitor / controller M 113 of the control room wireless communication is performed in the course It is a mechanism that it is possible to know at which position in the area W101 to W105 are located.” See also See also Uenoyama [0085] which teaches multiple vehicles all having a GPS for acquiring the location of the vehicle and thus the combination teaches that the loading vehicle could also include a GPS for acquiring position); and
a destination position determination unit configured to determine the destination position based on the position of the loading machine (see at least Uenoyama Figure 1-3 and [0066-0069] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20…. [0069] The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.” See also Takagi Figure 1 and [0024-0025] which teaches that the workers are near each loading machine and the position of the workers is acquired through GPS and thus this corresponds to the position of the loading machine. See also Takagi [0036-0037] which teaches determining the destination based on the position of the worker/ loading machine [0037] “…During the transport operation, the placing station D101 to the unloading places D102 to D105 are moved unmanned and reciprocated in response to an operator's start instruction. Then, at the end of work, the operator again enters the driver's seat and returns to the garage D 106 from the lowering places D 102 to D 105 by manual operation or automatic operation in the manned state.”);
the assignment unit outputting the transport command such that the sprinkling vehicle travels to the destination position determined by the destination position determination unit (see at least Uenoyama Figure 1-3 and [0066-0069] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20…. [0069] The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.” See also Takagi [0036-0037] “…During the transport operation, the placing station D101 to the unloading places D102 to D105 are moved unmanned and reciprocated in response to an operator's start instruction. Then, at the end of work, the operator again enters the driver's seat and returns to the garage D 106 from the lowering places D 102 to D 105 by manual operation or automatic operation in the manned state.”)
Regarding claim 13, the combination of Uenoyama and Takagi teaches the management system of a work site according to claim 2, further comprising
a destination position determination unit configured to determine the destination position based on an operation of the operator (see at least Uenoyama [0068] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location.” See also Takagi which teaches a system outputting a transport command to a destination based on an operation of an operator (see at least Takagi Figure 1 and 2 in-vehicle operation panel M108 and remote monitor/controller M113 and [0019] “For the purpose of giving commands to the unmanned operation vehicles V 101 to V 105, an in-vehicle operation panel M 108 for carrying out an operation instruction in a manned state by getting on a driver's seat in the vehicle cabin is mounted on the vehicle.” See also [0023] “The remote monitoring / controller M 113 of the control room is provided as a means for communicating with the vehicle by wirelessly communicating with the in-vehicle wireless module M 112 and controlling autonomous traveling...:” See also Takagi [0036-0037] [0037] “During the transport operation, the placing station D101 to the unloading places D102 to D105 are moved unmanned and reciprocated in response to an operator's start instruction. Then, at the end of work, the operator again enters the driver's seat and returns to the garage D 106 from the lowering places D 102 to D 105 by manual operation or automatic operation in the manned state.”)
the assignment unit outputting the transport command such that the sprinkling vehicle travels to the destination position determined by the destination position determination unit see at least Uenoyama Figure (see at least Uenoyama [0068] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location.”).
Claim(s) 6 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uenoyama and Takagi , in further view of Gudat et al. (US Pub. No. 2011/0266360 hereinafter “Gudat”).
Regarding claim 6, the combination of Uenoyama and Takagi teaches the management system of a work site according to claim 1, wherein
the sprinkling vehicle has a tank that stores water for sprinkling, and a sprinkling spray that sprays the water in the tank (see at least Uenoyama Figure 2, tank 31 and [0077] The water sprinkling device 30 sprinkles the waste water of the vehicle 20 as controlled by the control device 40. The water sprinkling device 30 includes at least one tank 31, at least one drain pipe 32, and at least one valve 33. The water sprinkling device 30 may further include a spreading device. The spreading device can spread either an anti-icer or a deicer.” See also [0083] “he control device 40 causes the water sprinkling device 30 to sprinkle the waste water.”)
a plurality of the sprinkling vehicles exist at the work site (see at least Uenoyama Figure 1, vehicles 20) , and
the assignment unit determines a sprinkling vehicle to be caused to travel to the destination position [[based on a remaining amount of the water stored in a tank of each of the plurality of the sprinkling vehicles]] (see at least Uenoyama Figure 1-3 and [0066-0069] “When the information processing device 10 is a vehicle dispatch server and the vehicle 20 is utilized as a taxi, the control unit 13 can acquire position information of a passenger pickup location and position information of a passenger drop-off location. In vehicle dispatch services, position information of a passenger pickup location and position information of a passenger drop-off location can be determined in advance before a passenger uses a taxi. The control unit 13 may estimate the vehicle 20 that is going to travel on the water sprinkling place from the vehicles 20 included in the water sprinkling system 1, based on the predetermined position information of the passenger pickup location and position information of the passenger drop-off location and the current position information of the vehicle 20…. [0069] The control unit 13 may send a notification instructing to sprinkle the waste water of the vehicle 20 to at least one vehicle 20 that is going to travel on the water sprinkling place via the network 2 by the communication unit 11. The control unit 13 may send to the vehicle 20 position information of the water sprinkling place together with the notification to sprinkle the waste water of the vehicle 20.” See also [0072] “With this configuration, the drivers can actively cause the vehicle 20 utilized as a taxi to perform sprinkling of the waste water.”).
While Uenoyama teaches the assignment unit determines a sprinkling vehicle to be cause to travel to the destination position, as cited above, Uenoyama does not teach that the assignment unit determine the sprinkling vehicle based on the remaining amount of water stored in a tank of the vehicles.
Gudat teaches determine the sprinkling vehicle based on the remaining amount of the water stored in the tank (see at least Gudat Figure 8, element 810 and 812 [0155-0156 “][0155] In step 810, fluid delivery controller 372 may determine whether a fluid delivery machine 106 is available for dispatch on a fluid delivery mission. For example, fluid delivery controller 372 may analyze machine status information 612 (FIG. 6) for each fluid delivery machine 106 in the fleet, and may identify all fluid delivery machines 106 available for dispatch on a fluid delivery mission. If it is determined in step 810 that no fluid delivery machine 106 is available for a mission, fluid delivery controller 372 may repeat step 810 (i.e., "wait") until a fluid delivery machine 106 is available for a fluid delivery mission… For example, in some cases, fluid delivery machines 106 may be low on fuel or fluid, refilling or waiting in a queue to refill at fluid station 108, refueling or waiting in a queue to refuel at fuel station 110, undergoing maintenance, offline, and/or otherwise unavailable for a fluid delivery mission at a particular time. [0156] If it is determined in step 810 that a fluid deliv