DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 1-15 are pending and examined below.
Claim Rejections - 35 USC § 102
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 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 1-4, 7, 9-10 and 12-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Horri (Patent No. WO2020138027A1).
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, an arm pivotally supported at the base end side of the boom, and 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, 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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wherein the controller is configured or programmed to change an accuracy of determining the swing position of the working tool in accordance with an operating status of the working tool cylinder; (See Horii paragraph 0069; “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.”); 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 swing position is a position where the work tool 24 is swung around the work tool shaft 29, and is a position between the dump position P1, the cloud position P2, and the dump position P1 and the cloud position P2…”); 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 0097 and 0099; “From the above, it is possible to determine whether the bucket 24 is on the dump side E3 or the cloud side E4 by the voltage of the angle sensor 81 and the electric signal for operating the bucket control valve 72. As a modification, there is also a method of using the operation member 75 for operating the bucket 24… The working machine 1 is inserted into a support member (arm 23), a supported member (work tool 24) pivotally supported by one end of the support member (arm 23) via a pivot, a cylinder tube 36, and a cylinder tube 36. A cylinder (working tool cylinder C5) that swings the supported member (working tool 24) around the pivot axis (working tool axis 29) by expanding and contracting the piston rod 37. The tool cylinder C5) is composed of a hydraulic cylinder that expands and contracts by the piston rod 37 protruding and retracting with respect to the cylinder tube 36 by the operating oil flowing in the oil passage formed in the piston rod 37, and Is pivotally supported on one end side of the support member (arm 23), and the piston rod 37 is pivotally supported on the other end side of the support member (arm 23). Detection for detecting the expansion/contraction state of the cylinder (work implement cylinder C5). The device 41 is arranged between the cylinder (work implement cylinder C5) and the support member (arm 23).”); and a controller configured or programmed to periodically determine a swing position of the working tool based on an output value of the cylinder sensor; (See Horii paragraph 0041; “The detection device 41 detects the swing position of the work implement 24 by detecting the expansion/contraction state (stroke length) of the work implement cylinder C5. Specifically, as shown in FIGS. 2 and 3, the detection device 41 includes a detection member 42 provided on the cylinder tube 36 and a detector 43 provided on the piston rod 37. Detects the detection member 42 while moving along with the piston rod 37, thereby detecting the expansion/contraction state of the work implement cylinder C5. The detection member 42 may be provided on the piston rod 37 and the detector 43 may be provided on the cylinder tube 36.”).
Regarding claim 2 Horii 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…”); and the controller is configured or programmed to, when the control valve is in the first position or the second position, cause the accuracy of determining the swing position of the working tool to be higher than a predetermined determination accuracy for normal times until a predetermined condition is satisfied; (See Horii paragraph 0050; “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. The moving range of the tip end portion 24B from the central portion O1 to the dump position P1 is set to the dump side of the swing range of the work implement 24, and the moving range of the tip end portion 24B from the central portion O1 to the cloud position P2 swings the work implement 24. When the cloud side of the range is assumed, the detection device 41 detects that the work implement 24 is in the predetermined range E1 on the dump side of the swing range.”).
Regarding claim 3 Horii teaches the working machine according to claim 2, Horii also teaches, further comprising a manual operator to control a swing of the working tool cylinder; (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…”); wherein the controller is configured or programmed to, after the manual operator starts to be operated and when the control valve is in the first position or the second position: cause the accuracy of determining the swing position of the working tool to be higher than the determination accuracy for normal times if an operation amount of the manual operator is less than a predetermined threshold; (See Horii paragraph 0050; “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. The moving range of the tip end portion 24B from the central portion O1 to the dump position P1 is set to the dump side of the swing range of the work implement 24, and the moving range of the tip end portion 24B from the central portion O1 to the cloud position P2 swings the work implement 24. When the cloud side of the range is assumed, the detection device 41 detects that the work implement 24 is in the predetermined range E1 on the dump side of the swing range.”); and set the accuracy of determining the swing position of the working tool to the determination accuracy for normal times if the operation amount is equal to or larger than the threshold; (See Horii paragraph 0088-0090; “Note that FIG. 21 illustrates the configuration in which one detected member 42L and the other detected member 42R are provided with a space therebetween, but the present invention is not limited to this, and the detection value of the detection device 41 is ON/ It suffices that the detection value of the angle sensor 81 at each OFF position is different. Further, the time t1 required for the detector 43 to reach the neutral position 80 from the detection end 87Aa on the neutral position 80 side of the first detection region 87A, and the detection end 87Ba on the neutral position 80 side of the second detection region 87B for the detector 43. The above determination may be performed using the time t2 from when the vehicle reaches the neutral position 80. In this case, the times t1 and t2 are calculated based on the distances W1 and W2 from the neutral position 80 and the rocking speed of the bucket 24, and are input to the control device 71. In this case, the first detection pattern detected by the detection device 41 when the piston rod 37 is moved in the first direction D1 is, for example, when the detection device 41 detects the detection member 42L, the detection device 41 turns ON. Is OFF→ON→OFF, and time t1. Based on this detection pattern, it can be determined that the bucket 24 has moved from the dump side E3 to the cloud side E4 (the bucket 24 is on the cloud side E4). Further, the second detection pattern detected by the detection device 41 when the piston rod 37 is moved in the second direction D2 is OFF→ON→OFF at time t2. Based on this detection pattern, it can be determined that the bucket 24 has moved from the cloud side E4 to the dump side E3 (the bucket 24 is on the dump side E3). When the interval between the detection members 42L and 42R and the neutral position 80 is small (when the times t1 and t2 are short), one of the detection members 42L and 42R is detected and then the other detection member 42L and 42R is detected. Until it is detected, it may be determined that the bucket 24 is on the side of the last detected detection member 42L, 42R. Also in the first embodiment, the detection device 41 may be OFF when the detector 43 detects the detection members 42L and 42R.”).
Regarding claim 4 Horii 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, when the control valve is in the first position or the second position: cause the accuracy of determining the swing position of the working tool to be higher than the determination accuracy for normal times if a control current value, which is a current value of the control current supplied to the solenoid, is less than a predetermined threshold; (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.”).
Regarding claim 7 Horii teaches the working machine according to claim 1, Horii further teaches, wherein the controller is configured or programmed to change the accuracy of determining the swing position of the working tool by changing the number of sampled output values of the cylinder sensor used to determine the swing position of the working tool; (See Horii paragraph 0069-0070; “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. However, in 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).”).
Regarding claim 9 Horii 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 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 operating status of the working tool cylinder; (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 teaches the working machine according to claim 9, Horii also teaches, further comprising a manual operator to control a swing of the working tool, wherein the controller is configured or programmed to determine the direction in which the working tool cylinder is actuated, based on an operation state of the manual operator; (See Horii paragraph 0050; “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. The moving range of the tip end portion 24B from the central portion O1 to the dump position P1 is set to the dump side of the swing range of the work implement 24, and the moving range of the tip end portion 24B from the central portion O1 to the cloud position P2 swings the work implement 24. When the cloud side of the range is assumed, the detection device 41 detects that the work implement 24 is in the predetermined range E1 on the dump side of the swing range.”).
Regarding claim 13 Horii 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 control current value which is 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.”).
Regarding claim 14 Horii teaches the working machine according to claim 2, Horii also teaches, further comprising a memory and/or a storage to store setting information relating to the predetermined condition in a changeable manner, wherein the controller is configured or programmed to decide the predetermined condition in accordance with the setting information stored in the memory and/or the storage; (See Horii paragraph 0076-0077; “Therefore, in the area other than the vicinity of the neutral position 80 (outside the predetermined range), it is not determined whether the bucket 24 is on the dump side E3 or the cloud side E4. Therefore, when the swing position detection process of the bucket 24 is started, a process for determining whether the bucket 24 is on the dump side E3 or the cloud side E4 in a region other than the vicinity of the neutral position 80 (initial position setting process ) Is performed. The position confirmation process is performed as follows, for example. First, the operator operates the bucket 24 on the dump side E3 or the cloud side E4. When swinging to the dump side E3, when the bucket 24 reaches the dump position P1, the operator pushes the switch 85 to instruct the control device 71 that the bucket 24 is at the dump position P1 (dump side E3). When operating on the cloud side E4, when the bucket 24 reaches the cloud position P2, the switch 85 is pressed to teach the control device 71 that the bucket 24 is at the cloud position P2 (cloud side E4). The controller 71 causes the storage unit 86 to store the taught position of the bucket 24.”).
Regarding claim 15 Horii teaches the working machine according to claim 14, Horii also teaches, further comprising a manual operator to control a swing of the working tool, wherein the setting information includes a threshold unique to the working machine and to be compared with a physical quantity which changes as the manual operator is operated, the physical quantity being included in the predetermined condition based on which the accuracy of determining the swing position of the working tool is changed; (See Horii paragraph 0077-0079; “ First, the operator operates the bucket 24 on the dump side E3 or the cloud side E4. When swinging to the dump side E3, when the bucket 24 reaches the dump position P1, the operator pushes the switch 85 to instruct the control device 71 that the bucket 24 is at the dump position P1 (dump side E3). When operating on the cloud side E4, when the bucket 24 reaches the cloud position P2, the switch 85 is pressed to teach the control device 71 that the bucket 24 is at the cloud position P2 (cloud side E4). The controller 71 causes the storage unit 86 to store the taught position of the bucket 24. Further, the control device 71 may automatically recognize whether the bucket 24 is on the dump side E3 or the cloud side E4. Specifically, the bucket 24 is operated to the dump side E3 or the cloud side E4, and the angle sensor 81 (potentiometer) does not move for a certain period of time at the dump position P1 or the cloud position P2. That is, the control device 71 may automatically detect. When the control device 71 automatically recognizes the position of the bucket 24, the control device 71 stores the recognized position of the bucket 24 in the storage unit 86. Next, the determination of whether the bucket 24 is on the dump side E3 or the cloud side E4 near the neutral position 80 will be described. As shown in FIG. 20, in the present embodiment, the detection area 87 of the detection member 42 by the detector 43 is in a range from the neutral position 80 to a midway portion between the neutral position 80 and the end position of the dump side E3. is there. If, for example, the detection device 41 is ON in the detection region 87, the detection device 41 is OFF in regions other than the detection region 87 (first non-detection region 88, second non-detection region 89). That is, there are an ON area and an OFF area across the neutral position 80. Since the voltage of the angle sensor 81 near the neutral position 80 is fixed, if the detection device 41 is ON with the voltage of the angle sensor 81 near the neutral position 80, the determination unit 84 causes the bucket 24 to move to the dump side E3. Judge that there is. Further, when the detection device 41 is OFF due to the voltage of the angle sensor 81 near the neutral position 80, the determination unit 84 determines that the bucket 24 is on the cloud side E4.”).
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 5-6, 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Horii (Patent No. WO2020138027A1) in view of Imura (Patent No. US10968604B2).
Regarding claim 5 Horii 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 when the control valve is in the first position or the second position: cause the accuracy of determining the swing position of the working tool to be higher than the determination accuracy for normal times if the flow rate of hydraulic fluid measured by the flow rate sensor is less than a predetermined threshold; (See Imura column 15-16, line 28-2; “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 (that is, restricting the flow rate of the pressurized fluid flowing into the bucket cylinder 36 as a result) at the time of simultaneously operating boom raising and bucket crowding or boom raising and bucket dumping, thereby making it possible to maintain high the delivery pressure of the hydraulic pump 41 and to perform the simultaneous actions of the bucket 36 and the boom 31 even in the case of operating the bucket 35 in midair. Furthermore, the variable flow control valve 46 also has a function of making smaller the opening area of the variable flow control valve 46 as a thrust that acts on a piston of the bucket cylinder 36 is greater in a case in which a direction of the thrust is opposite to that of a thrust estimated from an operating direction of the operation lever device 52 (that is, in a case in which the bucket cylinder 36 is braking), thereby suppressing a cylinder speed of the bucket cylinder 36 to prevent cavitation. 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.”); and set the accuracy of determining the swing position of the working tool to the determination accuracy for normal times if the flow rate of hydraulic fluid is equal to or higher than the threshold; (See Imura column 10-11, line 58-15; “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.”).
Regarding claim 6 Horii 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, when the control valve is in the first position or the second position: cause the accuracy of determining the swing position of the working tool to be higher than the determination accuracy for normal times if the hydraulic pressure of hydraulic fluid measured by the pressure sensor is less than a predetermined threshold; (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.”); and set the accuracy of determining the swing position of the working tool to the determination accuracy for normal times if the hydraulic pressure of hydraulic fluid is equal to or higher than the threshold; (See Imura column 27, line 10-18; “the modification, in the work machine of (1), the controller changes over the action mode to the responsiveness priority mode for not restricting the flow rate of the pressurized fluid by the flow restriction device in the case in which a number of times, by which an operation amount of one of the operation devices increases to exceed the preset threshold within the preset fixed time, exceeds the preset number of times.”).
Regarding claim 8 Horii teaches the working machine according to claim 7, Horii does not teach but Imura teaches, wherein the controller is configured or programmed to change the number of sampled output values of the cylinder sensor by changing at least one of a sampling time or a sampling cycle during or at which the output value of the cylinder sensor used to determine the swing position of the working tool 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 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 operating status of the working tool cylinder; (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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIDIA KWIATKOWSKA whose telephone number is (571)272-5161. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/L.K./ Examiner, Art Unit 3666
/SCOTT A BROWNE/ Supervisory Patent Examiner, Art Unit 3666