Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because:
“a computer readable program” is not explicitly limited to being non-transitory in the claims. Although [0039] of the specification says "To store application software and data, the electronic controller 190 CAN include a non-transitory computer readable and/or writeable data memory 194, for example, read only memory (“ROM”), random access memory (“RAM”), EPROM memory, flash memory, or another more permanent storage medium like magnetic or optical storage." (emphasis added) it does not explicitly require that it MUST include which may be interpreted to mean that the actual scope is larger and can include other media as well and as the claim does not explicitly limit the program to being non-transitory. Additionally, [0040] states “ To interface and network with other operational systems, the electronic controller 190 can include an input/output interface 196 to electronically send and receive non-transitory data and information. The input/output interface 196 can be physically embodied as data ports, serial ports, parallel ports, USB ports, jacks, and the like to communicate via conductive wires, cables, optical fibers, or other communicative bus systems and can utilize any suitable forms of communication protocol for data communication including sending and receiving digital or analog signals synchronously, asynchronously, or elsewise.” as this includes the ability to utilize any suitable forms of communication protocol for data communication which within the art includes a variety of transitory means. The Applicant is directed to MPEP 2106.I which states: “Even when a product has a physical or tangible form, it may not fall within a statutory category. For instance, a transitory signal, while physical and real, does not possess concrete structure that would qualify as a device or part under the definition of a machine, is not a tangible article or commodity under the definition of a manufacture (even though it is man-made and physical in that it exists in the real world and has tangible causes and effects), and is not composed of matter such that it would qualify as a composition of matter. Nuijten, 500 F.3d at 1356-1357, 84 USPQ2d at 1501-03. As such, a transitory, propagating signal does not fall within any statutory category. Mentor Graphics Corp. v. EVE-USA, Inc., 851 F.3d 1275, 1294, 112 USPQ2d 1120, 1133 (Fed. Cir. 2017); Nuijten, 500 F.3d at 1356-1357, 84 USPQ2d at 1501-03”
Allowable Subject Matter
Claims 1-19 are allowed.
The following is an examiner’s statement of reasons for allowance:
The art of record fails to render obvious the claimed combination of: “A tool coupler system for a work machine comprising: a work tool including a coupler interface having a first coupler hook and second coupler hook and having a first wedge pocket and a second wedge pocket located below the first coupler hook and the second coupler hook; a tool coupler including a coupler frame having frame beam and a base assembly located below the frame beam, the tool coupler further including a first wedge mechanism having a first movable wedge and operatively associated with a first hydraulic actuator; and a coupling monitoring system including an electronic controller, a fluid pressure sensor associated with the first hydraulic actuator, the electronic controller configured to receive a pressure data set from the fluid pressure sensor and to compare the pressure data set with a control model data set to determine if the work tool is attached to the tool coupler.”, as recited in Claim 1 specifically:
the structural and operative relationship between the tool coupler, work machine, work tool, coupler, first coupler hook, second coupler hook, first wedge pocket, second wedge pocket, tool coupler, coupler frame, frame beam, first wedge mechanism, first movable wedge, first hydraulic actuator, coupling monitoring system, electronic controller, fluid pressure sensor, and control model data set. Especially as it relates to the relationship between the tool coupler, work machine, work tool, coupler, first coupler hook, second coupler hook, first wedge pocket, second wedge pocket, tool coupler, coupler frame, frame beam, first wedge mechanism, first movable wedge, first hydraulic actuator, coupling monitoring system, electronic controller, fluid pressure sensor, and control model data set.
The art of record fails to render obvious the claimed combination of: “A method of attaching a work tool having coupler interface to tool coupler on a work machine comprising: receiving a pressure data set from a hydraulic actuator displacing a moveable wedge on the tool coupler to engage a wedge pocket on the coupler interface; comparing the first pressure data set and the second pressure data set with a control model data set; and determining if the work tool is attached to the work machine based on the step of comparing the pressure data set with the control model data set.”, as recited in Claim 11 specifically:
the structural and operative relationship between the work tool, coupler interface, tool coupler, work machine, hydraulic actuator, movable wedge, wedge pocket, first pressure data set, second pressure data set, and control model data set. Especially as it relates to the relationship between the
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patent publications US 20170107699 A1, US 20210025144 A1, US 20110209608 A1, and US 20230358012 A1 have been cited by the examiner as pertinent to the applicant’s disclosure because they teach: work machine implement coupler systems with .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN P TIGHE whose telephone number is 571-272-4872. The Examiner can normally be reached on Monday - Thursday, 7:00-5:30 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDAN P TIGHE/Examiner, Art Unit 3652
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
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