Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/30/2026 has been entered.
Response to Arguments
3. Applicant’s arguments with respect to claim(s) 1 and 15-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claim(s) 1-2, 4, 8-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friend (US 2014/0188333) in view of Runyan et al. (US 2023/0386417) hereinafter “Runyan”.
As per claim 1, Friend discloses a power machine comprising:
a cab (fig. 1; paragraph 0016, an operator's cab or operator station 130 disposed on the housing 102);
a transparent material coupled to a portion of the cab (fig. 7; paragraph 0035, windshield 302);
a controller (fig. 1, controller 140); and
a display coupled to the transparent material (Fig. 7; paragraphs 0021-0022 and 0036, In the particular embodiment, the display screen 162 can be the windshield of the excavator 100 or other machine through which the operator views the worksite or surrounding environment. Accordingly, the display screen will be generally transparent but may be modified to also show augmented input…To convert and transfer the augmentation data to a visible display on the display screen 162…The display screen 162 can be configured to reflect the image from the projector 166, for example, by thin film coating, tinting, polarization or the like. The display screen 162 may also be a beam splitter, as will be familiar to those of skill in the art. Thus, while the display screen may be transparent to most wavelengths of visible light and electromagnetic radiation, it can reflect selected wavelengths such as monochromatic light back to the eyes 164. This type of display screen 162 may be referred to as an optical combiner because it combines two different images, the actual environment outside the operator station 130 and the image from the projector 166…the entire windshield 302 or only selected portions of the windshield can be made reflective to the augmentation content projected thereon. Therefore, it is clear that the display screen is integrated with the windshield, interpreted as coupled to the transparent material), the display in communication with the controller (fig. 1; paragraphs 0020-0022), the display having display material configured to allow at least partial visibility from inside the cab through the display material and through the transparent material to an area outside the cab, the display further configured to display operational information inside the cab (paragraphs 0036-0037 and fig. 7),
wherein the controller is configured to communicate wirelessly with a remote device (paragraph 0017, the controller can receive information and data regarding the operating conditions of the excavator, including performance of the engine 120 and positioning of the crane 110 or other work implement, by communicating with various sensors and detectors that measure and output information about various physical quantities, states or conditions of the excavator. Communication between the controller, actuators, and sensors can be established by sending and receiving digital or analog signals across electronic communication lines, communications busses, radio frequency transmission and the like; see also paragraphs 0019 and 0030) for altering a configuration of operational information for rendering on the display (paragraph 0037, the feedback sensors 142 disposed at select locations along the crane can sense the new position and direct appropriate signals back to the controller generating the augmentation content. In response, the controller can adjust the displayed location of the implement overlay 310 to reflect the repositioning of the crane 110).
However, Friend does not explicitly disclose at least one camera configured to provide at least one live camera feed; and selecting a location on the display of one or more video feeds corresponding to the at least one live camera feed.
In an analogous art, Runyan discloses at least one camera configured to provide at least one live camera feed (claim 16, means for capturing video of an external environment from at least one camera disposed on the vehicle; see also paragraph 0138); and selecting a location on the display of one or more video feeds corresponding to the at least one live camera feed (claim 17, wherein the position of the video in the electronic display is moved in response to receiving the user input from the driver).
Therefore, it would have been obvious for one having skill in the art before the effective filing date of the claimed invention to modify the teachings of Friend in view of Runyan, by having a camera disposed on the vehicle to provide at least one live camera feed and selecting a location on the display of one or more video feeds corresponding to the at least one live camera feed. Thus, the operator can simultaneously view both the environment as obstructed by the implement and the unobstructed image on the display (paragraph 0003 of Friend), also mitigating the effect of such glare and blind spots (paragraph 0002 of Runyan). This rationale applies to all combinations of Friend and Runyan used in this Office Action unless otherwise noted.
As per claim 2, Friend discloses wherein the operational information comprises control information including mapped obstacles or obstructions from a pre-defined position of an operator positioned in an operating station inside the cab (paragraphs 0027-0029, To generate the augmentation content or information, the controller 140 can receive various data inputs 202 regarding the machine and the environment in which the machine is presently operating…The controller 140 can combine the implement position data 210 and the implement dimensional data 212 to determine the physical extension of the implement including its volumetric boundaries and its placement with respect to the machine and within the environment or terrain in which the implement is engaged…The controller 140 may monitor and receive other types of data input 202 such as, for example, stall data 220 regarding slipping or stalling motion of the machine or the implement as described below. In an embodiment, other data inputs 202 can include and a current terrain map 222 of the present worksite and a desired terrain map 224 of how the finished worksite is intended to appear. Any other suitable type of information can be communicated to the controller as well including, for example, worksite information 226 about the actual or desired characteristics of the immediate worksite or terrain being operated on, e.g., the shape of a hole being formed, characteristic or quality of the materials, and the like; see also figs. 1 and 7).
As per claim 4, Friend discloses wherein the operational information comprises a representation of a pre-defined travel path through the area outside the cab (paragraph 0038, The augmentation content displayed can include other information in addition to the implement overlay 310. For example, in an embodiment, the operator may be attempting to excavate to or through a target point 312, such as a specific ore deposit or a finished contour for the pit 150. In some instances, the target point 312 may reflect the difference between the present terrain or topography and the desired terrain and topography thereby indicating where material should be removed. The target point 312 may be included in the augmentation overlay 234 in any appropriate manner including solid lines, shading, graphics, text and the like).
As per claim 8, Friend discloses wherein the transparent material includes a tinting material to reduce glare or washout to improve visibility of the displayed operational information provided by the display (paragraph 0022, The display screen 162 can be configured to reflect the image from the projector 166, for example, by thin film coating, tinting, polarization or the like).
As per claim 9, Friend discloses wherein the portion of the cab comprises a side window (see figs. 1 and 7).
As per claim 10, Friend discloses wherein the portion comprises a cab door (see fig. 1).
As per claim 11, Friend discloses wherein the display is configured to cover a perimeter portion of the transparent material (see fig. 7).
As per claim 13, Friend discloses wherein the display is configured to cover less than half of the transparent material (paragraph 0036, the entire windshield 302 or only selected portions of the windshield can be made reflective to the augmentation content projected thereon).
As per claim 14, Friend discloses wherein the display is configured to cover over half or more of the transparent material (paragraph 0036, the entire windshield 302 or only selected portions of the windshield can be made reflective to the augmentation content projected thereon).
7. Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friend (US 2014/0188333) in view of Runyan et al. (US 2023/0386417) in further view of Eklund et al. (US 2010/0198466) hereinafter “Eklund”.
As per claim 5, Friend and Runyan disclose the power machine of claim 1; however, Friend or Runyan do not explicitly disclose wherein the operational information comprises a representation of a virtual road in the area outside the cab in which any navigation is permitted.
In an analogous art, Eklund discloses wherein the operational information comprises a representation of a virtual road in the area outside the cab in which any navigation is permitted (paragraphs 0013 and 0024, The instruction preferably comprises visual information displayed to the operator. The display means may comprise a separate screen in the instrument panel of the vehicle and/or a head-up display…Such information may be formed by geographical maps of the area covering the work cycle travel path, knowledge of the specific work cycle travel path (comprising curves, ascending sections and descending sections)).
Therefore, it would have been obvious for one having skill in the art before the effective filing date of the claimed invention to modify the teachings of Friend in view of Eklund by presenting geographical maps of the area covering the work cycle travel path including ground conditions. Thus, improving operation and control of a work machine (Eklund, paragraphs 0009 and 0015). This rationale applies to all combinations of Friend, Runyan and Eklund used in this Office Action unless otherwise noted.
As per claim 6, Eklund discloses wherein the operational information comprises a representation of a prohibited zone in the area outside the cab in which any navigation is prohibited (paragraph 0018, the operator instruction is based on a change in the ground, such as ground conditions, for example any unevenness in the ground, like a pit or stone. According to the example of vibrations affecting the operator, the operator is preferably instructed of the position of the unevenness and also recommended to drive the work machine around the unevenness).
8. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friend (US 2014/0188333) in view of Runyan et al. (US 2023/0386417) in further view of OHIWA et al. (US 2020/0263395) hereinafter “OHIWA”.
As per claim 12, Friend and Runyan disclose the power machine of claim 1; however, Friend or Runyan do not explicitly disclose wherein the display is configured to extend around a perimeter region of the transparent material, wherein a center of the transparent material being open without the display.
In the same field of endeavor, OHIWA discloses wherein the display is configured to extend around a perimeter region of the transparent material, wherein a center of the transparent material being open without the display (Fig. 3, paragraphs 0054 and 0149 teach that the display device 44 can be provided in the opening frame 9A and not in the opening frame 9B, considered as a center of the transparent material; in addition Friend teaches in paragraph 0036 that portions of the windshield that can be made reflective to the augmentation content projected thereon are selected).
Therefore, it would have been obvious for one having skill in the art before the effective filing date of the claimed invention to modify the teachings of Friend in view of OHIWA by selecting only portions of the windshield that can be reflective and not projecting augmentation content to a center region as a matter of design choice for the inventor to achieve the intended purpose of the invention.
9. Claim(s) 15-16, 20 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friend (US 2014/0188333) in view of ONO (US 2021/0010239) in further view of LEE et al. (US 2019/0079717) hereinafter “LEE”.
As per claim 15, Friend discloses a power machine comprising:
a cab (fig. 1; paragraph 0016, an operator's cab or operator station 130 disposed on the housing 102);
a transparent material coupled to a portion of the cab (fig. 7; paragraph 0035, windshield 302);
a controller (fig. 1, controller 140);
a display coupled to the transparent material and overlaying at least a portion of the transparent material (fig. 7; paragraph 0037), the display being in communication with the controller (fig. 1; paragraphs 0020-0022), the display having display material configured to allow at least partial visibility from the cab through the display material and through the transparent material to an area outside the cab (paragraphs 0036-0037 and fig. 7),
However, Friend does not explicitly disclose a set of drive motors; and the display comprising an interactive interface enabling generation of a command to cause the controller to control the set of drive motors.
In the same field of endeavor, ONO discloses a set of drive motors (paragraph 0038, traveling hydraulic motors 1L and 1R); and the display comprising an interactive interface enabling generation of a command to cause the controller to control the set of drive motors (paragraphs 0244-0245).
One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by Friend, with those of ONO, because both references are drawn to the same field of endeavor, because indeed both references describes work machine control operations using a display system, and because such a combination represents a mere combination of prior art elements, according to known methods, to yield a predictable result.
However, Friend or ONO do not explicitly disclose the display material of the display overlaying the at least the portion of the transparent material and configured to emit light to generate images to display operational information inside the cab.
In an analogous art, LEE discloses the display material of the display overlaying the at least the portion of the transparent material and configured to emit light to generate images to display operational information inside the cab (see FIGs. 10A-13B and paragraphs 0094-0096, The display unit 251 may include a transparent display. The transparent display may be attached on the windshield or the window. The transparent display may display a predetermined screen with a predetermined transparency. In order to achieve the transparency, the transparent display may include at least one selected from among a transparent Thin Film Electroluminescent (TFEL) display, an Organic Light Emitting Diode (OLED) display, a transparent Liquid Crystal Display (LCD), a transmissive transparent display, and a transparent Light Emitting Diode (LED) display).
Therefore, it would have been obvious for one having skill in the art before the effective filing date of the claimed invention to modify the teachings of Friend in view of Lee, by choosing to use a display that emit light to generate images from one of various well-known or conventional displays, as dictated by design or preferences.
As per claim 16, Friend discloses a power machine comprising:
a frame; a cab mounted on the frame (fig. 1; paragraph 0016, an operator's cab or operator station 130 disposed on the housing 102);
a window coupled to the frame, the window comprising a transparent material that allows an operator in the cab to view outside of the cab (fig. 7; paragraph 0035, windshield 302);
a lift arm mounted to the frame and capable of moving under power to perform a work function (fig. 1; paragraph 0015);
a display coupled to the window and overlaying at least a portion of the window, the display having display material overlaying the at least the portion of the window and configured to…allow at least partial visibility from the cab through the display material and through the window to an area outside the cab, the display further configured to display operational information inside the cab (fig. 7; paragraphs 0036-0037);
However, Friend does not explicitly disclose a first drive motor for actuating a first drive system; a second drive motor for actuating a second drive system; and the display comprising an interactive interface enabling generation of a command to control each of the first drive motor, the second drive motor, and the lift arm.
In the same field of endeavor, ONO discloses a first drive motor for actuating a first drive system; a second drive motor for actuating a second drive system (paragraph 0038, The lower traveling body 1 (an example of a traveling body) includes, for example, a pair of left and right crawlers 1C (one crawler 1CL on the left side and the other crawler 1CR on the right side), and each crawler 1CL or 1CR is hydraulically driven by traveling hydraulic motors 1L and 1R, to drive the excavator 100); and the display comprising an interactive interface enabling generation of a command to control each of the first drive motor, the second drive motor (paragraphs 0244-0245), and the lift arm (paragraph 0194).
One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by Friend, with those of ONO, because both references are drawn to the same field of endeavor, because indeed both references describes work machine control operations using a display system, and because such a combination represents a mere combination of prior art elements, according to known methods, to yield a predictable result.
However, Friend or ONO do not explicitly disclose the display having display material…configured to emit light to generate images.
In an analogous art, LEE discloses the display having display material…configured to emit light to generate images (see FIGs. 10A-13B and paragraphs 0094-0096, The display unit 251 may include a transparent display. The transparent display may be attached on the windshield or the window. The transparent display may display a predetermined screen with a predetermined transparency. In order to achieve the transparency, the transparent display may include at least one selected from among a transparent Thin Film Electroluminescent (TFEL) display, an Organic Light Emitting Diode (OLED) display, a transparent Liquid Crystal Display (LCD), a transmissive transparent display, and a transparent Light Emitting Diode (LED) display).
Therefore, it would have been obvious for one having skill in the art before the effective filing date of the claimed invention to modify the teachings of Friend in view of Lee, by choosing to use a display that emit light to generate images from one of various well-known or conventional displays, as dictated by design or preferences.
These rationales apply to all combinations of Friend, ONO and LEE used in this Office Action unless otherwise noted.
As per claim 20, arguments analogous to those applied for claim 4 are applicable for claim 20.
As per claim 23, arguments analogous to those applied for claim 8 are applicable for claim 23.
As per claim 24, Friend and LEE disclose wherein the display material is configured to emit light to generate images to display operational information inside the cab (see Fig. 7 and paragraphs 0036-0039 of Friend, wherein the display material is configured to emit light as taught by LEE in paragraphs 0095-0096).
10. Claim(s) 7 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friend (US 2014/0188333) in view of ONO (US 2021/0010239) in further view of LEE et al. (US 2019/0079717) or Runyan et al. (US 2023/0386417).
As per claim 17, arguments analogous to those applied for the last limitation of claim 1 are applicable for claim 17.
As per claim 18, ONO discloses wherein display comprises a touch-sensitive material, and wherein the one or more controls comprise one or more touch controls rendered on the display that allow an operator to input commands (paragraph 0074).
As per claim 19, Friend discloses wherein the one or more controls are associated with a remote device in wireless communication with a controller (paragraph 0017, the controller can receive information and data regarding the operating conditions of the excavator, including performance of the engine 120 and positioning of the crane 110 or other work implement, by communicating with various sensors and detectors that measure and output information about various physical quantities, states or conditions of the excavator. Communication between the controller, actuators, and sensors can be established by sending and receiving digital or analog signals across electronic communication lines, communications busses, radio frequency transmission and the like; see also paragraphs 0019 and 0030) configured to control the display for alteration of the configuration of the operational information for rendering on the display (paragraph 0037, the feedback sensors 142 disposed at select locations along the crane can sense the new position and direct appropriate signals back to the controller generating the augmentation content. In response, the controller can adjust the displayed location of the implement overlay 310 to reflect the repositioning of the crane 110).
As per claim 7, arguments analogous to those applied for claim 18 are applicable for claim 7.
11. Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Friend (US 2014/0188333) in view of ONO (US 2021/0010239) in further view of LEE et al. (US 2019/0079717) or Eklund et al. (US 2010/0198466).
As per claims 21-22, arguments analogous to those applied for claims 5-6 are applicable for claims 21-22.
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (US 20200057421, US 20210054691, US 20160193920, US 20200018046, US 20100289899, US 20190244023)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED JEBARI whose telephone number is (571)270-7945. The examiner can normally be reached M-F: 09:00am-06:00pm.
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/MOHAMMED JEBARI/Primary Examiner, Art Unit 2482
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