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
This action is in response to communications filed on 12/15/2025. Claims 1 and 3-13 have been amended. Claims 14-16 have been newly added. No other claims have been amended, added, or canceled. Accordingly, claims 1- 16 are pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1- 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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1- 5 & 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB2462590 A (hereinafter 590).
590 discloses:
1: An excavator comprising (see 590 at least fig. 1-3):
a lower traveling body (see 590 at least fig. 1-3);
an upper rotating body mounted on the lower traveling body (see 590 at least fig. 1 -3);
an attachment mounted on the upper rotating body (see 590 at least fig. 1 -3);
an actuator configured to move the attachment (see 590 at least fig. 1 -3);
processing circuitry configured to determine whether a site is a predetermined site where a predetermined job is performed, and to restrict the movement of the actuator at the site in response to determining that the site is the predetermined site (see 590 at least fig. 1 -8 and in particular fig. 2-4 and Abstract, Description & Summary of Innovation; detecting presence of designated driver tag, predetermined safe ranges and fixed locations),
wherein the predetermined job is performed by moving the attachment while a worker works near the attachment (see 590 at least fig. 1 -8 and in particular fig. 2-4 and Abstract, Description & Summary of Innovation; detecting presence of designated driver tag, predetermined safe ranges and fixed locations).
2: wherein the predetermined job is deep excavation or craning (see 590 at least fig. 1- 8, in particular fig. 2-4 and Abstract and Summary of Innovation).
3: wherein the processing circuitry is further configured to restrict the movement of the actuator in response to detecting an object around an end attachment of the attachment (see 590 at least fig. 1 -8 and in particular fig. 2-4 and Abstract, Description & Summary of Innovation; detecting presence of designated driver tag, predetermined safe ranges and fixed locations).
4: wherein the processing circuitry is configured to determine whether the site is the predetermined site by determining whether the excavator is at the predetermined site, and to restrict the movement of the actuator in response to determining that the excavator is at the predetermined site (see 590 at least fig. 1 -8 and in particular fig. 5-8 and Abstract, Description & Summary of Innovation; various zones, warning zones and designated zones).
5: wherein the processing circuitry is configured to determine whether the excavator is at the predetermined site based on information obtained by an information obtaining device (see 590 at least fig. 1 -8 and in particular fig. 5-8 and Abstract, Description & Summary of Innovation).
12: An excavator control system configured to control an excavator, the excavator including a lower traveling body; an upper rotating body mounted on the lower traveling body; an attachment mounted on the upper rotating body; and an actuator configured to move the attachment, the excavator control system comprising: processing circuitry configured to determine whether a site is a predetermined site where a predetermined job is performed and to restrict the movement of the actuator at the site in response to determining that the site is the predetermined site, wherein the predetermined job is performed by moving the attachment while the worker works near the attachment (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; see claim 1 above).
13: A remote excavator control system configured to control an excavator, the excavator including a lower traveling body; an upper rotating body mounted on the lower traveling body; an attachment mounted on the upper rotating body; and an actuator configured to move the attachment, the remote excavator control system comprising: processing circuitry configured to determine whether a site is a predetermined site where a predetermined job is performed and to restrict the movement of the actuator at the site in response to determining that the site is the predetermined site, and wherein the predetermined job is performed by moving the attachment while the worker works near the attachment (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; see claim 1 above).
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.
Claims 6- 11 & 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over GB2462590 A (hereinafter 590) in view of GB2595843A (hereinafter 843).
Regarding claim 6, 590 discloses the invention as detailed above.
However, 590 does not appear to explicitly disclose wherein the processing circuitry is configured to determine whether the excavator is at the predetermined site based on location information obtained by a positioning device or an image captured by an image-capturing device.
Nevertheless, 843—who is in the same field of endeavor discloses wherein the processing circuitry is configured to determine whether the excavator is at the predetermined site based on location information obtained by a positioning device or an image captured by an image-capturing device (see 843 at least fig. 1-4 and Abstract and Background and Summary; safety system [100] comprising a camera configured to capture images of the boundary).
One of ordinary skill in the art, prior to the effective filing date of the given invention would have been motivated to combine, 843’s Safety system with imaging capabilities with those of 590’s proximity safety system in order to form an overall safer and more dynamic system (i.e., by allowing images/video of the sites/zones to be captured and allowing for another means of monitoring boundary crossings).
Motivation to combine 843 with 590 not only comes from knowledge well known art, but also from 843 (see 843 at least Summary of Invention).
Both 590 and 843 disclose claim 7: wherein the processing circuitry is configured to detect the object around the end attachment based on an image captured by an image-capturing device attached to the attachment (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
Both 590 and 843 disclose claim 8: wherein the processing circuitry is configured to issue an alert to at least one of an operator of the excavator or the worker in response to detecting the worker around the end attachment (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
Both 590 and 843 disclose claim 9: wherein the actuator is a hydraulic actuator, and wherein the processing circuitry is configured to restrict movement of the hydraulic actuator by controlling movement of at least one of: a hydraulic pump configured to supply hydraulic oil to the hydraulic actuator; a control valve configured to control a flow rate of hydraulic oil that flows into the hydraulic actuator; or a drive source configured to drive the hydraulic pump (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
Both 590 and 843 disclose claim 10: wherein the processing circuitry is configured to restrict the movement of the actuator at the site without limiting a maximum value of an operating speed of the actuator (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
Both 590 and 843 disclose claim 11: wherein the processing circuitry is configured to restrict the movement of the actuator by: stopping the actuator; lowering a maximum operating speed of the actuator; lowering a relief pressure of a relief valve provided in a center bypass pipeline; lowering an output power of a drive source; or switching an operation mode of the excavator (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
Both 590 and 843 disclose claim 14: further comprising: an operating device configured to move driven elements of the excavator, the driven elements including the lower traveling body, the upper rotating body, and the attachment, wherein the processing circuitry is configured to determine presence or absence of an operation of the operating device, and to determine whether the site is the predetermined site in response to determining the presence of the operation of the operating device (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
Both 590 and 843 disclose claim 15: further comprising: an operating device configured to move driven elements of the excavator, the driven elements including the lower traveling body, the upper rotating body, and the attachment, wherein the processing circuitry is configured to, in response to determining that the site is the predetermined site, determine whether to move a driven element corresponding to an operation of the operating device among the driven elements each time the operating device is operated, and to restrict the movement of the actuator at the site based on a result of said determining whether to move the driven element (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
Both 590 and 843 disclose claim 16: wherein the processing circuitry is configured to determine presence or absence of detection of a pre-registered object based on an output of a sensor, and to determine that the site is the predetermined site in response to determining the presence of the pre-registered object (see 590 at least fig. 1 -8 and in particular fig. 2-3, 5-8 and Abstract, Description & Summary of Innovation; and see 843 at least fig. 1-4 and Abstract and Background and Summary).
Motivation to combine 590 and 843, in the instant claim, is the same as that in claim 6 above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on Monday-Friday 7:30-5:00 PM ES.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MACEEH ANWARI/Primary Examiner, Art Unit 3663
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