DETAILED ACTION
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis 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.
Status of Claims
This Office Action is in response to the Applicant’s Response dated 7/23/2026. Claims 8-13 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, however the request for foreign priority cannot yet be approved due to the lack of certified English copies, per requirements of 35 U.S.C. 119 (a)-(d), specifically 35 U.S.C. 119 (b)(3), see below.
(3) The Director may require a certified copy of the original foreign application, specification, and drawings upon which it is based, a translation if not in the English language, and such other information as the Director considers necessary. Any such certification shall be made by the foreign intellectual property authority in which the foreign application was filed and show the date of the application and of the filing of the specification and other papers.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Response to Amendment
Applicant’s amendments, see page 8 of 16, filed 7/23/2026, with respect to claim objections have been fully considered and are persuasive. The claim objections of record have been withdrawn.
Applicant’s amendments, see page 8 of 16, filed 7/23/2026, with respect to 112(b) rejections have been fully considered but are only partially persuasive. Claims 8 and 13 have been amended to overcome the 112(b) rejections of record, however claim 9 has not been, and has been included again below.
Response to Arguments
Applicant’s arguments, see pages 9-11 of 16, filed 7/23/2026, with respect to the concept of an initiation of a horn starting and ending a calculation of a loaded amount have been fully considered and are persuasive.
Claim Objections
Claims 8-10 and 12 are objected to because of the following informalities:
Claim 8 as currently presented states “…based on the relative angle between the bucket and the arm…” to which the Examiner recommends updating to instead state “…based on [ [ the ] ] a relative angle between the bucket and the arm…” so as to avoid potential misinterpretation.
Claim 8 as currently presented states “…the bucket opening relative to a horizontal plane is smaller…” to which the Examiner recommends updating to instead state “…the bucket opening relative to [ [ a ] ] the horizontal plane is smaller…” so as to avoid potential misinterpretation.
Claim 9 as currently presented states “…rotate to a left and right, and…” to which the Examiner recommends updating to instead state “…rotate to a left direction and a right direction, and…” so as to specify exactly what “a left and right” are referring to.
Claim 9 as currently presented states “…start calculation the loaded amount calculated by cumulatively adding…” to which the Examiner recommends updating to instead state “…start calculating of the loaded amount calculated by cumulatively adding…” so as to avoid potential misinterpretation resulting from improper grammar.
Claim 9 as currently presented states “…end calculation of the the loaded amount…” to which the Examiner recommends updating to instead state “…end calculation of the loaded amount…” so as to remove the redundant word.
Claim 10 as currently presented states “…the bucket opening relative to a horizontal plane is smaller…” to which the Examiner recommends updating to instead state “…the bucket opening relative to [ [ a ] ] the horizontal plane is smaller…” so as to avoid potential misinterpretation.
Claim 12 as currently presented states “…the bucket opening relative to a horizontal plane is smaller…” to which the Examiner recommends updating to instead state “…the bucket opening relative to [ [ a ] ] the horizontal plane is smaller…” so as to avoid potential misinterpretation.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 9 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 9, the claim as currently presented states " ...calculate the loaded amount by adding the hauled weight calculated during the haulage step..." however it is not clear what the hauled weight is added to, if the loaded amount is calculated by summing all recorded hauled weights, or if the loaded amount is added to a different preexisting tally of recorded amounts. For the sake of compact prosecution, the Examiner will interpret the aforementioned limitation as summing all recorded hauled weights.
Appropriate correction is required.
EXAMINER’S COMMENT
A proposed examiner’s amendment to the record appears below (the amendments of 7/23/2026 having been entered, and claims further amended as indicated below in accordance with the claim objections and 112(b) rejection above), and has been provided for Applicant’s benefit in the interest of compact prosecution.
8. (Currently Amended) A work machine comprising:
a machine body;
a work arm that includes a boom provided on the machine body, an arm provided at a tip of the boom, and a bucket provided at a tip of the arm, the work arm performing loading of a work target object onto a haulage machine;
a posture detection device for detecting a posture of the work arm;
a load detection device for detecting a load acting on the work arm;
a horn switch for instructing operation of a horn that emits a warning sound via an operator's action; and
a controller configured to:
calculate a loaded amount of the work target object loaded onto the haulage machine, wherein
the controller is configured to:
determine a start of a haulage step, which involves a hauling of the work target object onto the haulage machine by the work arm, at a time when the load detected by the load detection device acting on the arm transitions from exceeding a predetermined load threshold to falling below the predetermined load threshold,
calculate a hauled weight, which is a load of the work target object filled inside the bucket, based on the posture of the work arm detected by the posture detection device and a load on the boom detected by the load detection device during the haulage step,
determine a start of a loading step, which involves loading the work target object onto the haulage machine by the work arm, based on [ [ the ] ] a relative angle between the bucket and the arm, calculated from the posture of the work arm detected by the posture detection device during the haulage step, when the relative angle exceeds a first threshold angle that indicates a release of the work target object from the bucket into the haulage machine,
start calculation of the loaded amount calculated by cumulatively adding the hauled weight calculated for each initiated loading step in response to operation of the horn switch during the haulage step while an angle of the bucket opening relative to a horizontal plane is greater than a second threshold angle that allows retention of the work target object inside the bucket, and
after starting calculation of the loaded amount calculated by cumulatively adding the hauled weight calculated for each initiated loading step, end calculation of the loaded amount calculated by cumulatively adding the hauled weight calculated for each initiated loading step and output the calculated loaded amount to an external terminal in response to operation of the horn switch during the loading step while the angle of the bucket opening relative to [ [ a ] ] the horizontal plane is smaller than the second threshold angle.
9. (Currently Amended) A work machine comprising:
a machine body;
a work arm that includes a boom provided on the machine body, an arm provided at a tip of the boom, and a bucket provided at a tip of the arm, the work arm performing loading of a work target object onto a haulage machine;
a posture detection device for detecting a posture of the work arm;
a load detection device for detecting a load acting on the work arm;
a horn switch for instructing an operation of a horn, which emits a warning sound, via an operator's action; and
a controller configured to:
calculate a loaded amount of the work target object loaded onto the haulage machine, wherein
the machine body includes a swing structure that can rotate to a left direction and a right direction, and;
the controller is configured to:
determine a start of a haulage step, which involves a hauling of the work target object onto the haulage machine by the work arm, at a time when the load acting on the work arm detected by the load detection device transitions from exceeding a predetermined load threshold to falling below the predetermined load threshold,
calculate a hauled weight, which is a load of the work target object filled inside of the bucket, based on the posture of the work arm detected by the posture detection device and a load on the boom detected by the load detection device during the haulage step,
determine a start of a loading step, which involves loading the work target object onto the haulage machine by the work arm, at a time when a relative angle between the bucket and the arm, calculated from the posture of the work arm detected by the posture detection device during the haulage step, exceeds a first threshold angle indicating a release of the work target object from the bucket into the haulage machine,
start calculating of the loaded amount calculated by cumulatively adding the hauled weight calculated for each initiated loading step in response to operation of the horn switch during the haulage step, while rotation of the swing structure is stopped, and
after starting calculation of the loaded amount calculated by cumulatively adding the hauled weight calculated for each initiated loading step, end calculation of the [ [ the ] ] loaded amount calculated by cumulatively adding the hauled weight calculated for each initiated loading step and output the calculated loaded amount to an external terminal in response to operation of the horn switch during the haulage step while the rotation of the swing structure is not stopped.
10. (Currently Amended) The work machine according to claim 8, wherein the controller is configured to end up adding the hauled weight after a next loading step and output the calculated loaded amount to the external terminal, during the haulage step after the adding the hauled weight for each initiated loading step has begun, when the angle of the bucket opening relative to [ [ a ] ] the horizontal plane is greater than the second threshold angle and the horn switch is operated, if the horn switch is operated within a predetermined time from the start of the haulage step during which the horn switch was operated, and if the calculated loaded amount exceeds a predetermined loading threshold.
11. (Previously Presented) The work machine according to claim 8, wherein the controller is configured to reset the calculated loaded amount to zero each time the loaded amount is output to the external terminal.
12. (Currently Amended) The work machine according to claim 11, wherein the controller is configured to start adding the hauled weight as the loaded amount during the loading step if the angle of the bucket opening relative to [ [ a ] ] the horizontal plane is smaller than the second threshold angle and the loaded amount is smaller than a predetermined loading threshold, when the horn switch is operated after a certain period of time has passed since a previous addition of the hauled weight.
13. (Previously Presented) A work machine comprising:
a machine body;
a work arm including a boom provided on the machine body, an arm provided at a tip of the boom, and a bucket provided at a tip of the arm, the work arm performing loading of a work target object onto a haulage machine;
a posture detection device for detecting a posture and an operation of the work arm;
a load detection device for detecting a load acting on the work arm;
a horn switch for instructing an operation of a horn that emits a warning sound via an operator's operation; and
a controller configured to:
calculate a loaded amount of the work target object loaded onto the haulage machine, wherein
the controller is configured to:
calculate a hauled weight, which is a load of the work target object inside the bucket, based on the posture of the work arm detected by the posture detection device and a load on the boom detected by the load detection device when the posture detection device detects a haulage step, which is an operation of the work arm moving the bucket onto a cargo bed of the haulage machine,
start calculating of the loaded amount calculated by cumulatively adding the hauled weight calculated when the posture detection device detects a loading step, which is an operation of the work arm for loading the work target object onto the haulage machine by the work arm, in response to operation of the horn switch when the posture detection device detects the haulage step and while an angle of the bucket opening relative to a horizontal plane exceeds a predetermined angle threshold, and
after starting calculation of the loaded amount calculated by cumulatively adding the hauled weight calculated when the posture detection device detects the loading step, end calculation of the loaded amount calculated by cumulatively adding the hauled weight and output the calculated loaded amount to an external terminal in response to operation of the horn switch when the posture detection device detects the loading step and while the angle of the bucket opening relative to the horizontal plane falls below the predetermined angle threshold.
Allowable Subject Matter
Claim 13 is hereby allowable.
Potentially Allowable Subject Matter
Claims 8-12 would be allowable if rewritten or amended to overcome the pending claim objections and 112(b) rejection as noted above.
Prior art Shull maintains a running total of the amount of material loaded into the hauling machine, however the initiation of the running total is not specified as being in response to a horn, nor is the termination of the running total.
Prior art Fukasu teaches when a loading of a haulage machine ends by way of horn indication, however the teachings do not imply the initiation of a running total of the amount of material loaded into the hauling machine in response to horn operation.
Prior art Nakamura details an analysis of tool angles and associated task(s), as can be tracked and output to an external terminal, however no initiation or termination of a running total of the amount of material loaded into the hauling machine in response to a horn operation is specifically linked to the angle detection.
Convincing arguments have been provided by the Applicant in addition to amendments highlighting the claimed novelty, resulting in an updated search by the Examiner, providing no references, nor reasonable combination of references, that disclose or teach the content of independent claim 8, 9, or 13.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN REIDY whose telephone number is (571) 272-7660. The examiner can normally be reached on M-F 7:00 AM- 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.P.R./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
