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 .
Drawings
The drawings were received on November 6th 2024. These drawings are accepted.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
The certified copy has been filed on April 14th 2025.
Specification
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware of, in the specification.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 6th 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of the Claims
This action is Final in response to the applicant’s filing on November 6th 2024.
Claims 7 and 14-15 are canceled
Claims 1-6, 8-13 are pending and examined below.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims under 35 USC § 103 have been fully considered but are moot. Specifically, the Examiner agrees that Horii does not explicitly teach; “wherein the controller is configured or programmed to, in accordance with a physical quantity that relates to the operation of the working tool cylinder, change a number of sampled output values which corresponds to a number of output values of the cylinder sensor that is used to determine the swing position to change an accuracy of determining the determination of the swing position which is determined periodically of the working tool in accordance with an operating status of the working tool cylinder, and when the physical quantity is less than a threshold the controller is configured or programmed to improve the accuracy of the determination by increasing the number of sampled output values with respect to the number of output values of the cylinder sensor that are sampled when the physical quantity is at least equal to the threshold”. Therefore, the rejection has been withdrawn; However, upon further consideration a new grond(S) of rejection is made for claim 1 over Horii (Patent No. WO2020138027A1) in view of Faivre (Patent No. US20140107895A1).
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.
Claims 1-4, 9-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Horii (Patent No. WO2020138027A1) in view of Faivre (Patent No. US20140107895A1).
Regarding claim 1 Horri teaches, a working machine comprising: an arm; a working tool swingably attached to the arm; (See Horii paragraph 002 “The work device includes a boom swingably attached to the machine body…a work implement (bucket) pivotally supported at a tip end side of the arm via a pivot shaft.”); a working tool cylinder to swing the working tool by extending or retracting; (See Horii paragraph 0033 and Figure 11; “…The arm 23 can swing by expanding and contracting the arm cylinder C4. The work implement 24 can be swung by expanding and contracting a work implement cylinder (bucket cylinder) C5…”) one end portion of the working tool cylinder being supported on the arm via a cylinder shaft an opposite end portion of the working tool cylinder being supported on the working tool; (See Horii paragraph 0034 and Figure 1 and 11; “As shown in FIG. 1, the work implement cylinder C5 is disposed on the front side of the arm 23. Further, the work implement cylinder C5 is arranged along the arm 23, and one end side thereof is pivotally supported by the base end side 23A of the arm 23. Specifically, one end side of the work implement cylinder C5 is pivotally supported by a cylinder bracket 34 fixed to the base end side 23A of the arm 23 via a cylinder shaft 35. The axis of the cylinder shaft 35 is parallel to the axis of the arm shaft 28. The other end of the work implement cylinder C5 is pivotally supported by the tip end side 23B of the arm 23. Specifically, the other end of the working tool cylinder C5 is pivotally connected to the other ends of the first link 30A and the second link 30B via a connecting shaft 33. “);
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a cylinder sensor to detect an operation of the working tool cylinder; (See Horii paragraph 0040; “As shown in FIGS. 2 and 3, a detection device (position sensor) 41 that detects the swing position of the work implement 24 is provided between the work implement cylinder C5 and the arm 23…”);the operation of the working tool cylinder comprising at least one from among: a swing of the working tool cylinder about the cylinder shaft, an extension of the working tool cylinder, and a retraction of the working tool cylinder; (See Horii paragraph 0038; “When the work implement cylinder C5 expands and contracts, as shown in FIG. 3, the work implement 24 swings around the work implement axis (bucket axis) 29 in the dump direction Y1 or the cloud direction Y2. Further, the work implement 24 swings around the work implement shaft 29, so that the tip end 24B is the farthest from the arm 23 at the dump position (dump end end position) P1 and the tip end 24B comes closest to the arm 23…”); a control valve to extend or retract the working tool cylinder by controlling a flow of hydraulic fluid to the working tool cylinder; (See Horii paragraph 0065 and 0066; “The bucket control valve 72 is connected to the hydraulic pump 92 via the oil supply passage 73A and is connected to the tank 74 via the drain oil passage 73B… When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1. When the lever 76 is swung in the other direction, the second solenoid 72e is excited and the bucket control valve 72 is switched to the second position 72c. When the bucket control valve 72 is switched to the second position 72c, the bucket cylinder C5 extends and the bucket 24 swings in the cloud direction Y2…”);
and a controller that is configured or programmed to periodically determine make a determination of a swing position of the working tool based on an output value of the cylinder sensor; (See Horii paragraph 00106; “According to this configuration, the swing position of the work implement 24 can be appropriately calculated based on the swing angle of the bucket cylinder C5 detected by the angle sensor 81 and the detection result of the detection device 41. Further, the control device 71 determines whether the bucket 24 is on the dump side E3 or the cloud side E4 with respect to the neutral position 80 based on the first detection pattern and the second detection pattern within a predetermined range near the neutral position 80.”).
Horii does not teach but Faivre teaches, wherein the controller is configured or programmed to, in accordance with a physical quantity that relates to the operation of the working tool cylinder, change a number of sampled output values which corresponds to a number of output values of the cylinder sensor that is used to determine the swing position; (See Faivre paragraph 0037-0038 and figure 3; “If the data sample is likely to provide an accurate payload estimate at decision stage 45, the controller 36 may be configured to determine at decision stage 47 a degree of confidence in the payload estimate. In one example, the operator may be manipulating the implement system 16 in a manner that may negatively affect the accuracy of the payload calculation process (e.g., moving the bucket 17 in a "jerky" manner). Accordingly, the controller 36 may monitor the acceleration of the boom member 22 relative to the platform 13, the movement of the stick member 23 relative to the boom member 22, and the bucket 17 relative to the stick member 23. If any of these components accelerate at a rate greater than desired, the controller 36 may update at stage 48 an accuracy confidence function within the controller. The accuracy confidence function may maintain a log of instances in which movement of the implement system 16 or other aspects of the machine 10 has reduced the confidence in the accuracy of the payload calculation process. If the number of reduced confidence instances (i.e., those in which the accuracy of the payload calculation process may be reduced) exceeds a predetermined number, the controller 36 may generate a warning at stage 53 to alert the operator of the reduction in confidence of the payload calculation…the controller 36 may monitor the pitch angle velocity and acceleration as well as the roll angle velocity and acceleration of the machine 10. If any of those rates exceed a predetermined value, the controller 36 may update the accuracy confidence function at stage 48. Still further, the controller 36 may also monitor the world angle of the bucket 17 and update the accuracy confidence function at stage 48 if the world bucket angle exceeds a predetermined angle. Alternatively, other operating characteristics of the machine 10 may be monitored at stage 47 to determine whether the confidence in the payload estimation may be improved upon.”);
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to change an accuracy of determining the determination of the swing position which is determined periodically of the working tool in accordance with an operating status of the working tool cylinder, and when the physical quantity is less than a threshold; (See Faivre paragraph 0042 – 0043 and figure 3; “If the bucket 17 has not reached its dump position at decision stage 50, the controller 36 may continue to receive at stage 44 data from the sensors and additional data samples may be generated. If the bucket 17 has reached its dump position at decision stage 50, the controller 36 may determine at decision stage 51 whether a threshold number of data samples have been logged. The threshold number of data samples may be set based upon a desired confidence of the payload calculation process. In one example, the controller 36 may be configured to store or log data samples at stage 49 every twenty milliseconds. In other words, the controller 36 may execute stages 44 through 49 every twenty milliseconds. If a typical swing-to-dump segment takes approximately two to three seconds, the controller 36 may have as many as approximately one hundred to one hundred and fifty possible data samples. At decision stage 51, the controller 36 may be configured to require at least fifty data samples before an estimated payload may be stored at stage 57.
If a threshold number of data samples have not been logged at decision stage 51, the controller 36 may terminate the automatic payload calculation process as an insufficient number of data samples have been logged. The controller 36 may continue to receive data from sensors at stage 40. If a threshold number of data samples have been logged at decision stage 51, the controller 36 may determine at decision stage 52 whether the accuracy confidence function has logged more than a predetermined number of reduced confidence instances. If the number of reduced confidence instances exceeds a threshold or a predetermined number of instances, the controller 36 may generate a data accuracy warning signal and display a data accuracy warning message at stage 53.”); the controller is configured or programmed to improve the accuracy of the determination by increasing the number of sampled output values with respect to the number of output values of the cylinder sensor that are sampled when the physical quantity is at least equal to the threshold; (See Faivre paragraph 0042 – 0043 and figure 3; “If the bucket 17 has not reached its dump position at decision stage 50, the controller 36 may continue to receive at stage 44 data from the sensors and additional data samples may be generated. If the bucket 17 has reached its dump position at decision stage 50, the controller 36 may determine at decision stage 51 whether a threshold number of data samples have been logged. The threshold number of data samples may be set based upon a desired confidence of the payload calculation process. In one example, the controller 36 may be configured to store or log data samples at stage 49 every twenty milliseconds. In other words, the controller 36 may execute stages 44 through 49 every twenty milliseconds. If a typical swing-to-dump segment takes approximately two to three seconds, the controller 36 may have as many as approximately one hundred to one hundred and fifty possible data samples. At decision stage 51, the controller 36 may be configured to require at least fifty data samples before an estimated payload may be stored at stage 57.
If a threshold number of data samples have not been logged at decision stage 51, the controller 36 may terminate the automatic payload calculation process as an insufficient number of data samples have been logged. The controller 36 may continue to receive data from sensors at stage 40. If a threshold number of data samples have been logged at decision stage 51, the controller 36 may determine at decision stage 52 whether the accuracy confidence function has logged more than a predetermined number of reduced confidence instances. If the number of reduced confidence instances exceeds a threshold or a predetermined number of instances, the controller 36 may generate a data accuracy warning signal and display a data accuracy warning message at stage 53.”).
Horii and Faivre are in the same field of endeavor of work machine. It would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to modify Horri working machine with Faivre changing the number of sampled output values which correspond to the sensor(s) outputs. No new functionality would arise from the combination and the combination would improve usability of Horii by changing the number of sampled output values which correspond to the sensor(s) outputs, which will increase the accuracy to determine the position of the working tool. Further, finding that one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 2 Horii in view of Faivre teaches the working machine according to claim 1, Horii further teaches, wherein the control valve is switchable between a first position to retract the working tool cylinder, a second position to extend the working tool cylinder, and a third position to not extend or retract the working tool cylinder; (See Horii paragraph 0064; “The bucket control valve 72 is a control valve that is electrically controlled by the control device 71, and for example, an electromagnetic proportional directional control valve is adopted. This electromagnetic proportional directional control valve is a valve that controls the flow of hydraulic oil by moving a main spool with a solenoid. Further, the bucket control valve 72 is configured by a three-position switching valve that can switch among a neutral position 72a, a first position 72b, and a second position 72c…”);
the control valve is in the first position or the second position; (See Horii paragraph 0066; “…When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1…”).
Horii does not teach but Faivre teaches, and the controller is configured or programmed to, when the physical quantity is less than the threshold and; (See Faivre paragraph 0036-0037; “f the data sample has been discarded at stage 46, the controller 36 continues to receive data at stage 44 from the sensors. The operating characteristics of the machine 10 may continue to be monitored at decision stage 45 until the operating conditions of the machine 10 indicate that the data is likely to provide an accurate payload estimate.
If the data sample is likely to provide an accurate payload estimate at decision stage 45, the controller 36 may be configured to determine at decision stage 47 a degree of confidence in the payload estimate. In one example, the operator may be manipulating the implement system 16 in a manner that may negatively affect the accuracy of the payload calculation process (e.g., moving the bucket 17 in a "jerky" manner). Accordingly, the controller 36 may monitor the acceleration of the boom member 22 relative to the platform 13, the movement of the stick member 23 relative to the boom member 22, and the bucket 17 relative to the stick member 23. If any of these components accelerate at a rate greater than desired, the controller 36 may update at stage 48 an accuracy confidence function within the controller. The accuracy confidence function may maintain a log of instances in which movement of the implement system 16 or other aspects of the machine 10 has reduced the confidence in the accuracy of the payload calculation process. If the number of reduced confidence instances (i.e., those in which the accuracy of the payload calculation process may be reduced) exceeds a predetermined number, the controller 36 may generate a warning at stage 53 to alert the operator of the reduction in confidence of the payload calculation.”);
cause the accuracy of the determination to improve with respect to a determination accuracy that is achieved when the physical quantity is at least equal to the threshold; (See Faivre paragraph 0037, 0043 and figure 3; “If the data sample is likely to provide an accurate payload estimate at decision stage 45, the controller 36 may be configured to determine at decision stage 47 a degree of confidence in the payload estimate. In one example, the operator may be manipulating the implement system 16 in a manner that may negatively affect the accuracy of the payload calculation process (e.g., moving the bucket 17 in a "jerky" manner). Accordingly, the controller 36 may monitor the acceleration of the boom member 22 relative to the platform 13, the movement of the stick member 23 relative to the boom member 22, and the bucket 17 relative to the stick member 23. If any of these components accelerate at a rate greater than desired, the controller 36 may update at stage 48 an accuracy confidence function within the controller. The accuracy confidence function may maintain a log of instances in which movement of the implement system 16 or other aspects of the machine 10 has reduced the confidence in the accuracy of the payload calculation process. If the number of reduced confidence instances (i.e., those in which the accuracy of the payload calculation process may be reduced) exceeds a predetermined number, the controller 36 may generate a warning at stage 53 to alert the operator of the reduction in confidence of the payload calculation.
If a threshold number of data samples have not been logged at decision stage 51, the controller 36 may terminate the automatic payload calculation process as an insufficient number of data samples have been logged. The controller 36 may continue to receive data from sensors at stage 40. If a threshold number of data samples have been logged at decision stage 51, the controller 36 may determine at decision stage 52 whether the accuracy confidence function has logged more than a predetermined number of reduced confidence instances. If the number of reduced confidence instances exceeds a threshold or a predetermined number of instances, the controller 36 may generate a data accuracy warning signal and display a data accuracy warning message at stage 53.”).
Horii and Faivre are in the same field of endeavor of work machine. It would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to modify Horri working machine with Faivre changing the number of sampled output values which correspond to the sensor(s) outputs. No new functionality would arise from the combination and the combination would improve usability of Horii by changing the number of sampled output values which correspond to the sensor(s) outputs, which will increase the accuracy to determine the position of the working tool. Further, finding that one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 3 Horii in view of Faivre teaches the working machine according to claim 2, Horii also teaches, further comprising a manual operator to be operated to change a position and an opening of the control valve to cause the working tool cylinder to perform the operation; (See Horii paragraph 0066; “…The operation member 75 is provided in the vicinity of the driver's seat 6 and has a lever 76 that can be gripped and operated by an operator. The lever 76 can swing from the neutral position in one direction and the other direction opposite to the one direction. For example, when the lever 76 is swung in one direction, the first solenoid 72d is excited and the bucket control valve 72 is switched to the first position 72b. When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1…”); and a sensor to detect an operation amount of the manual operator wherein the controller is configured or programmed to detect, as the physical quantity, the operation amount via the sensor; (See Horii paragraph 0066 and 0069; “…The operation member 75 is provided in the vicinity of the driver's seat 6 and has a lever 76 that can be gripped and operated by an operator. The lever 76 can swing from the neutral position in one direction and the other direction opposite to the one direction. For example, when the lever 76 is swung in one direction, the first solenoid 72d is excited and the bucket control valve 72 is switched to the first position 72b. When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1…
As shown in FIG. 17, the angle sensor 81 is connected to the control device 71. The control device 71 can acquire the detection value (potentiation value) of the angle sensor 81. Further, the control device 71 has a calculation unit 83. The calculator 83 calculates the swing position of the bucket 24 based on the swing angle G of the bucket cylinder C5, that is, the potentio value. The swing position of the bucket 24 is each position where the bucket 24 swings around the bucket shaft 29.”).
Regarding claim 4 Horii in view of Faivre teaches the working machine according to claim 2, Horii also teaches, further comprising a solenoid to actuate the control valve in accordance with a supplied control current; (See Horii paragraph 0064; “The bucket control valve 72 is a control valve that is electrically controlled by the control device 71, and for example, an electromagnetic proportional directional control valve is adopted. This electromagnetic proportional directional control valve is a valve that controls the flow of hydraulic oil by moving a main spool with a solenoid. Further, the bucket control valve 72 is configured by a three-position switching valve that can switch among a neutral position 72a, a first position 72b, and a second position 72c…”); wherein the controller is configured or programmed to use, as the physical quantity, a current value of the control current supplied to the solenoid; (See Horii paragraph 0066 and 0098; “…The lever 76 can swing from the neutral position in one direction and the other direction opposite to the one direction. For example, when the lever 76 is swung in one direction, the first solenoid 72d is excited and the bucket control valve 72 is switched to the first position 72b. When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1. When the lever 76 is swung in the other direction, the second solenoid 72e is excited and the bucket control valve 72 is switched to the second position 72c…it is possible to determine whether the bucket 24 is on the dump side E3 or the cloud side E4 based on the voltage of the angle sensor 81 and the electric signal obtained by the control device 71 from the operation member 75. With these methods, the detection device 41 is not necessary and can be constructed at low cost. The working machine 1 of the present embodiment has the following effects.”).
Regarding claim 9 Horii in view of Faivre teaches the working machine according to claim 1, Horii also teaches, further comprising a machine body to support the arm; wherein the cylinder sensor includes an angle sensor to detect; (See Horii paragraph 0068; “As shown in FIG. 18, an angle sensor 81 for detecting the swing angle G of the bucket cylinder C5 around the cylinder shaft 35 is attached to the cylinder bracket 34. The angle sensor 81 is composed of, for example, a potentiometer. ..”); (i) a swing angle of the working tool cylinder when the working tool is in a range farther away from the machine body than a neutral position of the working tool and (See Horii paragraph 0050 and 0070; “As shown in FIG. 3, in the detection device 41, the work implement 24 is located within a predetermined range E1 between the first predetermined position P3 between the dump position P1 and the cloud position P2 and the dump position P1. To detect. Specifically, the predetermined range E1 is a range from the first predetermined position P3 to the dump position P1. In FIG. 3, reference numeral T1 indicates a movement locus of the tip portion 24B when the work implement 24 swings from the dump position P1 to the cloud position P2, and O1 indicates a central portion of the movement locus T1… in FIG. 16, a detection device 41 is provided to determine whether the bucket 24 is on the dump side E3 or the cloud side E4 with the neutral position 80 as a boundary. That is, the calculation unit 83 (control device 71) determines the swing position of the bucket 24 based on the swing angle G detected by the angle sensor 81 and the detection information (detection result of the detection device 41) detected by the detection device 41. Is calculated (specified)…”); (ii) a swing angle of the working tool cylinder when the working tool is in a range closer to the machine body than the neutral position of the working tool, the neutral position of the working tool being a position in which the swing angle of the working tool cylinder about the cylinder shaft is maximum; (See Horii paragraph 0075 and 0068; “As shown in FIG. 20, the detection device 41 can recognize which of the dumper side E3 and the cloud side E4 the bucket 24 is located in a predetermined detection area (within a predetermined range) near the neutral position 80. It is arranged. That is, the detection device 41 is a sensor for determining whether the bucket 24 is on the dump side E3 or the cloud side E4 from the neutral position 80 in the area near the neutral position 80. In the present embodiment, the swing position of the bucket 24 is detected by using the detection information of the detection device 41 in the range near the neutral position 80 where the potentiometer value that makes it difficult to specify the swing position of the bucket 24 is detected only by the angle sensor 81... As shown in FIG. 18, an angle sensor 81 for detecting the swing angle G of the bucket cylinder C5 around the cylinder shaft 35 is attached to the cylinder bracket 34. The angle sensor 81 is composed of, for example, a potentiometer. The angle sensor 81 detects a swing angle G1 on the dump side E3 from the neutral position 80 and a swing angle G2 on the cloud side E4 from the neutral position 80. The angle sensor 81 is interlocked with the rod head 37A of the bucket cylinder C5 by an interlocking link 82. Therefore, the angle sensor 81 detects the rotation of the rod head 37A around the cylinder shaft 35 via the interlocking link 82, and thereby detects the swing angle G around the cylinder shaft 35 of the bucket cylinder C5. The angle sensor 81 may directly detect rotation of the bucket cylinder C5 around the cylinder shaft 35.”); and the controller is configured or programmed to determine the swing position of the working tool based on a change trend of an output value of the angle sensor, a direction of extension or retraction of the working tool cylinder, and the swing angle of the working tool cylinder detected based on the output value of the angle sensor; (See Horii paragraph 0070-0071; “…the operation mechanism of the bucket 24 having the above-described configuration, the swing angle G is reversed during the expansion and contraction of the bucket cylinder C5, and therefore, the swing of the bucket 24 is reduced even though the detected swing angle G is the same. There may be a case where the moving position is on the dump side E3 with the neutral position 80 as a boundary and a case where the moving position is on the cloud side E4. Therefore, as shown in FIG. 16, a detection device 41 is provided to determine whether the bucket 24 is on the dump side E3 or the cloud side E4 with the neutral position 80 as a boundary. That is, the calculation unit 83 (control device 71) determines the swing position of the bucket 24 based on the swing angle G detected by the angle sensor 81 and the detection information (detection result of the detection device 41) detected by the detection device 41. Is calculated (specified). The detection device 41 detects the relative position of the piston rod 37 with respect to the cylinder tube 36 when the bucket cylinder C5 expands and contracts by ON/OFF. When detecting the detection member 42, the detector 43 outputs a detection signal (may be an ON signal or an OFF signal) to the control device 71. The lower diagrams of FIGS. 12, 13, and 19 show when the bucket cylinder C5 is in the contracted state 77. When the bucket cylinder C5 is in the most contracted state 77, the detector 43 is located at the first position P4 on the other end side of the first detection member 42A. Further, the detector 43 is separated from the detection member 42, the first sensor 43A does not detect the first detection member 42A, and the second sensor 43B does not detect the second detection member 42B.”).
Regarding claim 10 Horii in view of Faivre teaches the working machine according to claim 9, Horii further teaches, wherein the controller is configured or programmed to: determine that the output value of the angle sensor shows an increasing trend if the output value has increased continuously for a predetermined period; determine that the output value of the angle sensor shows a decreasing trend if the output value has decreased continuously for the predetermined period; and change the predetermined period in accordance with the physical quantity; (See Horii paragraph 0067-0068; “Moving toward the arm 23, the swing angle G of the bucket cylinder C5 gradually decreases. Reference numeral 79 shown in FIG. 18 indicates a reversal position (a position where the rocking angle G becomes maximum) in which the increasing/decreasing direction of the rocking angle G of the bucket cylinder C5 is reversed during expansion and contraction. The position of the bucket 24 indicated by reference numeral P6 in FIG. 16 is the position when the bucket cylinder C5 is at the reverse position 79. The state where the bucket cylinder C5 is located at the reverse position 79 and the bucket 24 is located at the position P6 will be described as the neutral position 80. That is, the neutral position 80 is conceptual. As shown in FIG. 16, the bucket 24 swings between the dump side E3 and the cloud side E4 with a neutral position 80 corresponding to the reverse position 79 of the bucket cylinder C5 as a boundary. As shown in FIG. 18, an angle sensor 81 for detecting the swing angle G of the bucket cylinder C5 around the cylinder shaft 35 is attached to the cylinder bracket 34. The angle sensor 81 is composed of, for example, a potentiometer. The angle sensor 81 detects a swing angle G1 on the dump side E3 from the neutral position 80 and a swing angle G2 on the cloud side E4 from the neutral position 80. The angle sensor 81 is interlocked with the rod head 37A of the bucket cylinder C5 by an interlocking link 82. Therefore, the angle sensor 81 detects the rotation of the rod head 37A around the cylinder shaft 35 via the interlocking link 82, and thereby detects the swing angle G around the cylinder shaft 35 of the bucket cylinder C5. The angle sensor 81 may directly detect rotation of the bucket cylinder C5 around the cylinder shaft 35.”).
Regarding claim 12 Horii in view of Faivre teaches the working machine according to claim 9, Horii also teaches, further comprising a manual operator to be operated to change a position and an opening of the control valve to cause the working tool cylinder to perform the operation; (See Horii paragraph 0066; “…The operation member 75 is provided in the vicinity of the driver's seat 6 and has a lever 76 that can be gripped and operated by an operator. The lever 76 can swing from the neutral position in one direction and the other direction opposite to the one direction. For example, when the lever 76 is swung in one direction, the first solenoid 72d is excited and the bucket control valve 72 is switched to the first position 72b. When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1…”); and a sensor to detect an operation direction of the manual operator, wherein the controller is configured or programmed to determine the direction in which the working tool cylinder is actuated, based on the operation direction detected by the sensor; (See Horii paragraph 0066 and 0069; “…The operation member 75 is provided in the vicinity of the driver's seat 6 and has a lever 76 that can be gripped and operated by an operator. The lever 76 can swing from the neutral position in one direction and the other direction opposite to the one direction. For example, when the lever 76 is swung in one direction, the first solenoid 72d is excited and the bucket control valve 72 is switched to the first position 72b. When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1…
As shown in FIG. 17, the angle sensor 81 is connected to the control device 71. The control device 71 can acquire the detection value (potentiation value) of the angle sensor 81. Further, the control device 71 has a calculation unit 83. The calculator 83 calculates the swing position of the bucket 24 based on the swing angle G of the bucket cylinder C5, that is, the potentio value. The swing position of the bucket 24 is each position where the bucket 24 swings around the bucket shaft 29.”).
Regarding claim 13 Horii in view of Faivre teaches the working machine according to claim 9, Horii also teaches, further comprising a solenoid to actuate the control valve in accordance with a supplied control current; (See Horii paragraph 0064; “The bucket control valve 72 is a control valve that is electrically controlled by the control device 71, and for example, an electromagnetic proportional directional control valve is adopted. This electromagnetic proportional directional control valve is a valve that controls the flow of hydraulic oil by moving a main spool with a solenoid. Further, the bucket control valve 72 is configured by a three-position switching valve that can switch among a neutral position 72a, a first position 72b, and a second position 72c…”); wherein the controller is configured or programmed to determine the direction in which the working tool cylinder is actuated, based on a current value of the control current supplied to the solenoid; (See Horii paragraph 0064 and 0066; “The bucket control valve 72 is a control valve that is electrically controlled by the control device 71, and for example, an electromagnetic proportional directional control valve is adopted. This electromagnetic proportional directional control valve is a valve that controls the flow of hydraulic oil by moving a main spool with a solenoid. Further, the bucket control valve 72 is configured by a three-position switching valve that can switch among a neutral position 72a, a first position 72b, and a second position 72c. The bucket control valve 72 has a first solenoid 72d and a second solenoid 72e. The first solenoid 72d and the second solenoid 72e are connected to the control device 71 and are excited or demagnetized by a command signal output from the control device 71. The bucket control valve 72 can be switched from the neutral position 72a to the first position 72b or the second position 72c by exciting or demagnetizing the first solenoid 72d and the second solenoid 72e… As shown in FIG. 17, an operation member 75 for operating the bucket 24 is connected to the control device 71. The control device 71 can acquire an operation signal (electrical signal) from the operation member 75. The operation member 75 is provided in the vicinity of the driver's seat 6 and has a lever 76 that can be gripped and operated by an operator. The lever 76 can swing from the neutral position in one direction and the other direction opposite to the one direction. For example, when the lever 76 is swung in one direction, the first solenoid 72d is excited and the bucket control valve 72 is switched to the first position 72b. When the bucket control valve 72 is switched to the first position 72b, the bucket cylinder C5 contracts and the bucket 24 swings in the dumping direction Y1. When the lever 76 is swung in the other direction, the second solenoid 72e is excited and the bucket control valve 72 is switched to the second position 72c. When the bucket control valve 72 is switched to the second position 72c, the bucket cylinder C5 extends and the bucket 24 swings in the cloud direction Y2. When the lever 76 is returned to the neutral position, the bucket control valve 72 returns to the neutral position 72a and the expansion/contraction of the bucket cylinder C5 is stopped. That is, the operation of the bucket 24 is stopped.and set the accuracy of determining the swing position of the working tool to the determination accuracy for normal times if the control current value is equal to or larger than the threshold.”).
Claims 5-6, 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Horii (Patent No. WO2020138027A1) in view of Faivre (Patent No. US20140107895A1) and Imura (Patent No. US10968604B2).
Regarding claim 5 Horii in view of Faivre teaches the working machine according to claim 2, Horii does not teach but Imura teaches, further comprising a flow rate sensor to measure a flow rate of hydraulic fluid flowing from the control valve to the working tool cylinder; (See Imura column 15, line 28-29; “The variable flow control valve 46 has functions of reducing the opening area and restricting the flow rate of the pressurized fluid flowing from the bucket cylinder 36 into the hydraulic fluid tank 48…”); wherein the controller is configured or programmed to detect, as the physical quantity, the flow rate via the flow rate sensor; (See Imura column 15-16, line 28-2; “The controller 60A controls the entire actions of the hydraulic excavator 100, and is configured with the pump volume target value computing section 61 that computes the control signal to be output to the regulator 42 on the basis of the detection results from the operation amount sensors 51a, 52a, and 52b (which are the detection values of the pilot pressures (operation signals) introduced from the operation lever devices 51 and 52 via the pilot hydraulic lines and which correspond to the operation amounts of the operation lever devices 51 and 52), thereby controlling the pump volume of the hydraulic pump 41 and controlling the delivery flow rate thereof, and a variable flow control valve opening area target value computing section 62A that computes the control signal to be output to the variable flow control valve 46 disposed in the return hydraulic line 48b between the meter-out passage of the bucket cylinder 36 and the hydraulic fluid tank 48 (that is, the control signal generated by the solenoid proportional valve 46a) on the basis of the detection results from the operation amount sensors 51a, 52a, and 52b and detection results from the pressure sensors 44b and 44c, thereby controlling the opening area of the variable flow control valve 46.”).
Regarding claim 6 Horii in view of Faivre teaches the working machine according to claim 2, Horii does not teach but Imura teaches, further comprising a pressure sensor to measure a hydraulic pressure of hydraulic fluid that acts from the control valve on the working tool cylinder; ; (See Imura column 14, line 52-53; “Pressure sensors 44b and 44c that detect bucket cylinder pressures (a bucket cylinder bottom pressure and a bucket cylinder rod pressure)…”); wherein the controller is configured or programmed to, detect, as a physical quantity, the hydraulic pressure via the pressure sensor; (See Imura column 14-15, line 52-14; “Pressure sensors 44b and 44c that detect bucket cylinder pressures (a bucket cylinder bottom pressure and a bucket cylinder rod pressure) and that output the bucket cylinder pressures to the controller 60A via signal lines are disposed in hydraulic lines that connect the bottom chamber 36a and the rod chamber 36b of the bucket cylinder 36 to the directional control valve 44, respectively. The solenoid proportional valve 46a generates the pilot pressure operating the variable flow control valve 46 on the basis of the control signal output from the controller 60A as the electrical signal, and it may be said that the solenoid proportional valve 46a converts the control signal output from the controller 60A as the electrical signal into the control signal which is the pilot pressure. A position of the solenoid proportional valve 46a is changed over to a position depicted in FIG. 6 in a case in which the control signal is not input to the solenoid proportional valve 46a from the controller 60A, and the control signal (pilot pressure) to be output to the variable flow control valve 46 is kept at the tank pressure. Furthermore, in a case in which the control signal is input to the solenoid proportional valve 46a from the controller 60A, the solenoid proportional valve 46a moves in the upward direction in FIG. 6 in proportion to an increase in the control signal and the control signal (pilot pressure) to act on the variable flow control valve 46 increases. It is noted that a relationship among the control signal (electrical signal) output from the controller 60A, the control signal (pilot pressure) generated by the solenoid proportional valve 46a, and an opening area of the variable flow control valve 46 is calculated in advance, and stored in the controller 60A.”).
Regarding claim 8 Horii in view of Faivre teaches the working machine according to claim 1, Horii does not teach but Imura teaches, wherein the controller is configured or programmed to change the number of sampled output values by changing at least one of a sampling time or a sampling cycle during or at which the output value of the cylinder sensor is sampled; (See Imura column 10, line 48-57 and figure 5; “In FIG. 5, the mode determination section 119 repeatedly executes the mode determination process (Steps S100 to S161) at intervals of time Δt. In other words, the time Δt is a cycle for repeatedly executing the mode determination process, which is a sampling cycle in which the variable flow control valve opening area target value computing section 62 imports the detection results from the operation amount sensors 51a, 52a, and 52b, and unit time (for example, 10 ms) of internal computation by controller 60 is, for example, used as the time Δt.”).
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Regarding claim 11 Horii in view of Faivre teaches the working machine according to claim 9, Horii does not teach but Imura teaches, wherein the controller is configured or programmed to: determine that the output value of the angle sensor shows an increasing trend if the output value has increased sequentially a predetermined number of times of sampling; (See Imura column 10-11, line 48-15 and figure 5; “In FIG. 5, the mode determination section 119 repeatedly executes the mode determination process (Steps S100 to S161) at intervals of time Δt. In other words, the time Δt is a cycle for repeatedly executing the mode determination process, which is a sampling cycle in which the variable flow control valve opening area target value computing section 62 imports the detection results from the operation amount sensors 51a, 52a, and 52b, and unit time (for example, 10 ms) of internal computation by controller 60 is, for example, used as the time Δt. First, the mode determination section 119 determines whether a detection value of a pilot pressure corresponding to a packet operation at a time (assumed as time t−Δt) of executing a previous mode determination process, that is, a previous detection result (previous value) of the operation amount sensors 52a and 52b is lower than a threshold PI_ON and whether a detection result (current value) at current time (assumed as time t) is equal to or higher than the threshold PI_ON (Step S100). The threshold PI_ON is a reference for determining whether the operation lever device 52 has operated the bucket 35 (has operated bucket crowding or bucket dumping). The mode determination section 119 determines that the operation lever device 52 has not operated the bucket 35 (the operation lever device 52 is at a neutral position) in a case in which the detection result of the operation amount sensors 52a and 52b is lower than the threshold PI_ON, and determines that the operation lever device 52 has operated the bucket 35 in a case in which the detection result is lower than the threshold PI_ON. It is noted that the mode determination section 119 performs determination in Step S100 assuming that the previous value is lower than the threshold PI_ON in a case in which the previous value is not present for a reason such as a reason that a process of Step S100 is a first process in the mode determination process.”); determine that the output value of the angle sensor shows a decreasing trend if the output value has decreased sequentially the predetermined number of times of sampling; and change the predetermined number of times of sampling in accordance with the physical quantity; (See Imura column 10-11, line 48-15 and figure 5; “In FIG. 5, the mode determination section 119 repeatedly executes the mode determination process (Steps S100 to S161) at intervals of time Δt. In other words, the time Δt is a cycle for repeatedly executing the mode determination process, which is a sampling cycle in which the variable flow control valve opening area target value computing section 62 imports the detection results from the operation amount sensors 51a, 52a, and 52b, and unit time (for example, 10 ms) of internal computation by controller 60 is, for example, used as the time Δt. First, the mode determination section 119 determines whether a detection value of a pilot pressure corresponding to a packet operation at a time (assumed as time t−Δt) of executing a previous mode determination process, that is, a previous detection result (previous value) of the operation amount sensors 52a and 52b is lower than a threshold PI_ON and whether a detection result (current value) at current time (assumed as time t) is equal to or higher than the threshold PI_ON (Step S100). The threshold PI_ON is a reference for determining whether the operation lever device 52 has operated the bucket 35 (has operated bucket crowding or bucket dumping). The mode determination section 119 determines that the operation lever device 52 has not operated the bucket 35 (the operation lever device 52 is at a neutral position) in a case in which the detection result of the operation amount sensors 52a and 52b is lower than the threshold PI_ON, and determines that the operation lever device 52 has operated the bucket 35 in a case in which the detection result is lower than the threshold PI_ON. It is noted that the mode determination section 119 performs determination in Step S100 assuming that the previous value is lower than the threshold PI_ON in a case in which the previous value is not present for a reason such as a reason that a process of Step S100 is a first process in the mode determination process.”).
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Horii and Imura are in the same field of endeavor of work machine. It would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to modify Horri working machine with Imura adjusting sensor output sampling to determine the swing position of the working tool. No new functionality would arise from the combination and the combination would improve usability of Horii by allowing to get more accurate results on the position of the working tool. Further, finding that one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/L.K./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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