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 .
Response to Arguments
Applicant's arguments filed 08/13/2026 have been fully considered, but they are not persuasive.
In regards to independent claim 8, Applicant argues Keyes (US 20230323612) does not teach each and every limitation of the claim. Applicant argues while Keyes may disclose that an operator may intend for only a single pass to be carried out in a first direction and a single pass in an opposite direction based on path data from the first direction, when properly considered one of ordinary skill would not understand Keyes to repeat this process such that there is an ongoing sequence of passes generating path data and passes using that path data for steering. Applicant argues Keyes fails to disclose or suggest such an alternating sequence or why the compacting method could or should be implemented in this manner. Applicant argues the disclosure of Keyes points to executing the compaction plan autonomously as a whole including all following passes, not merely a single next pass, with no further manually operated pass. Applicant argues nowhere within Keyes does the reference disclose the controller controls the steering actuator during an autonomous pass on the basis of path information generated specifically during an immediately preceding manually steered pass, which is repeated indefinitely, therefore including at least two manual and autonomous passes. Applicant argues the cited paragraphs do not disclose the specific plan-independent alternation between measures a) and b) as recited by the claim and instead at best the Examiner’s observation initiates an entirely new compaction-planning cycle under Keyes’ claim 1 architecture and not repeat the alternation recited in the claim. Applicant argues claim 8 has been amended to clarify that path information during each manually steered path is used without intervening plan generation or confirmation to autonomous control the immediately following pass, and vice versa. Therefore, Applicant concludes Keyes does not disclose each and every limitation of claim 8 and the rejection should be withdrawn.
However, Keyes discloses a vehicle that moves in a first direction under manual travel and when reaching the end of the travel path and switching to reverse, may be switched to an autonomous mode and travel for a second pass in the direction opposite to the direction to the first pass. This includes the user setting the number of passes for autonomous travel immediately following the manual pass. This at least alternates from a manual pass to an autonomous pass. Keyes discloses performing all further passes automatically until the planned number of passes entered by the user has been reached. Notably, when the user inputs only one automatic pass to be followed, subsequent operation within the disclosure must first include a manual pass followed by an automatic pass, which repeats the operations of manual passes and automatic passes. Keyes discloses that the steering of the automatic pass is controlled to follow the path defined by the manual pass that immediately precedes the automatic pass, which is precisely what is required by the claim. As stated in the previous Office Action, this includes performing a single pass automatically based on the manual pass, repositioning, and repeating manual travel followed by automatic travel, therefore including at least two manual and autonomous passes which are alternated.
The claim language appears to be broader than what is argued by the Applicant, notably the claim recites “an immediately preceding implementation of measure a)” which can be interpreted to mean the Applicant’s argued: an implementation of measure a) that occurs at the instant before the implementation of measure b), or could alternatively mean: the implementation of measure a) which precedes most immediately before the implementation of measure b). By at least the second definition, Keyes reads quite comfortably upon the claim language and any planning in between steps does not appear to be precluded.
It is unclear to the Examiner why initiating a new compaction-planning cycle, as the Applicant appears to readily admit is disclosed by Keyes, would not read upon the instant claim. Initiating such a new compaction-planning cycle includes a first manual pass, followed by an automatic pass based on the first manual pass, a new compaction-planning cycle initiated including following a second manual pass in the same direction as the first manual pass, and then another automatic pass based on the second manual pass, which is exactly what is required by the claim and the Applicant appears to readily admits is disclosed within Keyes. As such, because the Applicant has provided no factual evidence for why the features they themselves appear to admit are present do not teach the features they have been cited for, the Examiner must conclude these features to continue to be read upon.
Further, the claim does not appear to at any point, in this amendment or any previous version, recite that the manually steered path is used without intervening plan generation or confirmation to autonomous control immediately following pass or vice versa, let alone even what such vice versa may actually include. Instead, the claim solely recites that in the manual direction of travel path, information is generated, which is then used to control the vehicle in an opposite direction of travel autonomously based on the immediately preceding implementation of manual travel, where the most recent implementation of manual travel is understood to be the immediately preceding implementation of manual travel. If the Applicant believes these features to be important to their claims, the Examiner strongly encourages them to actually amend the claims to recite such features, rather than arguing for features the claim simply does not reflect.
As such, no improper considerations of Keyes have been taken, and these arguments are unpersuasive.
Applicant argues the rejections of dependent claims 10-22, which depend upon claim 8, should be withdrawn for the same reasons as above.
This argument is unpersuasive for the same reasons as given above.
In regards to independent claim 23, Applicant argues there would be no reason for one of ordinary skill in the art to modify the teachings of Keyes by incorporating the teachings of Yoshikawa (JP 2021046063) and therefore one of ordinary skill would not have arrived at the claim as amended. Applicant argues, even with such modification the combination provides a fully automatic mode with a smooth transition to semi-automatic or manual operation modes, which differs from claim 23’s recitations, which never uses a fully automatic mode at all. Therefore, Applicant concludes that the rejection of claim 23 should be withdrawn.
However, factual motivation for why one of ordinary skill in the art would make such a modification has been explicitly provided in the previous Office Action and again repeated here which is precisely a reason for one of ordinary skill in the art to arrive at a conclusion of obviousness. The claim appears to now recite that the autonomous pass be based on “the basis of the path information generated during an immediately preceding implementation of measure a) and controlling the drive system on the basis of the driving information” where the driving information is “representing an actuation of the drive element”, but does not require that the autonomous travel is actually operated using manual operation of the drive element, only that autonomous control of the drive system is in some way based on a representation of actuation of the drive element, which could be past actuation of the drive element, autonomous actuation drive element, current manual actuation of the drive element, or other similar broad features. As such, an equally broad application of prior art is appropriate, such that even were a fully automatic mode and a manual mode smoothly transitioned between using a semi-automatic mode, the cited references would still read upon the claim language because they base at least the automatic mode on the manual operation of the vehicle as in Keyes and provide at least moments of manual speed control with automatic steering as in Yoshikawa.
As such, this argument is unpersuasive.
Claim Rejections – 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8, 10-18, 21, and 22 are rejected under 35 U.S.C. 102(a) as being anticipated by Keyes et al. (US 20230323612).
In regards to claim 8, Keyes teaches a method for operating a self-propelled ground processing machine, the ground processing machine comprising a steering system with a steering element to be actuated by an operator and a control arrangement for controlling at least one steering actuator on the basis of an actuation of the steering element, the method comprising: (Fig 9, [0019] steering system includes steering wheel, levers, pedals, and the like for controlling steering by a user, which are steering elements operated by operator, that control steering actuators. Steering system control steering, and thereby steering actuator, is operated based on steering input from user and semi-autonomous system.)
repeatedly moving the self-propelled ground processing machine in a first direction of movement and in a second direction of movement opposite to the first direction of movement, wherein; ([0038], [0039] when the vehicle moves forward in a first direction, path information is gathered by saving position data and path data, and when switched to reverse, the vehicle may follow a second pass or path automatically. This alternates at least from a manual drive to an autonomous drive. As further clarification, this includes performing a single pass automatically, repositioning, and repeating manual travel followed by automatic travel.)
a) when the ground processing machine moves in the first direction of movement, generating path information representing the path covered when the ground processing machine moves in the first direction of movement, ([0038], [0039] when the vehicle travels forwards and then stops and is switched to reverse, a prompt is given to the operator to enable autonomous driving based upon the path traveled manually by the vehicle in the first direction. This generates path information representing the path covered when traveling in a first direction.)
b) when the ground processing machine moves in the second direction of movement opposite to the first direction of movement, controlling the at least one steering actuator by the control arrangement on the basis of the path information generated during an immediately preceding implementation of measure a), ([0038], [0039] when the vehicle stops and then is switched to reverse, a query is presented allowing the vehicle to be controlled autonomously, including steering, which is based at least in part upon the path traveled manually immediately before switching to automatic control.)
wherein measures a) and b) are repeatedly carried out alternately. ([0038], [0039] when the vehicle moves forward in a first direction, path information is gathered by saving position data and path data, and when switched to reverse, the vehicle may follow a second pass or path automatically. This alternates at least from a manual drive to an autonomous drive. As further clarification, this includes performing a single pass automatically, repositioning, and repeating manual travel followed by automatic travel.)
In regards to claim 10, Keyes teaches the control method according to claim 8, wherein
when measure a) is carried out repeatedly, the first direction of movement can deviate from the first direction of movement during a previous implementation of measure a). ([0038], [0039] when the vehicle moves forward in a first direction, path information is gathered by saving position data and path data, and when switched to reverse, the vehicle may follow a second pass or path automatically. When the user inputs only one path with one reverse pass after the manual path and then manually operates the vehicle to drive the next path, the operations are carried out repeatedly. [0024] the travel paths are substantially parallel, not exactly parallel which includes allowing some level of deviation between adjacent paths.)
In regards to claim 11, Keyes teaches the method according to claim 8,
wherein in measure a) the control arrangement controls the at least one steering actuator on the basis of steering information representing an actuation of the steering element. (Fig 9, [0019] steering system includes steering wheel, levers, pedals, and the like for controlling steering by a user, which are steering elements operated by operator, that control steering actuators. Steering system control steering, and thereby steering actuator, is operated based on steering input from user and semi-autonomous system including while traveling manually.)
In regards to claim 12, Keyes teaches the method according to claim 8,
wherein in measure a) the generation of the path information is started upon generation of a path information generation command. ([0038], [0039] when the vehicle travels forwards and then stops and switched to reverse, a prompt is given to the operator to enable autonomous driving based upon the path traveled manually by the vehicle in the first direction. Path information is gathered by saving position data and path data, and when switched to reverse, the vehicle may follow a second pass or path automatically based upon the gathered path information. This generates path information representing the path covered when traveling in a first direction for the vehicle to follow in the autonomous mode.)
In regards to claim 13, Keyes teaches the method according to claim 8, wherein
measure a) the generation of the path information is started when the direction of movement of the ground processing machine is reversed after movement of the ground processing machine in the second direction of movement during an immediately preceding implementation of measure b). ([0038], [0039] when the vehicle travels forwards and then stops and switched to reverse, a prompt is given to the operator to enable autonomous driving based upon the path traveled manually by the vehicle in the first direction. Path information is gathered by saving position data and path data, and when switched to reverse, the vehicle may follow a second pass or path automatically based upon the gathered path information. This generates path information representing the path covered when traveling in a first direction for the vehicle to follow in the autonomous mode. When the user inputs only one path with one reverse pass after the manual path and then manually operates the vehicle to drive the next path, the operations are carried out repeatedly, which includes subsequent manual path operation after automatic path operation in opposite directions.)
In regards to claim 14, Keyes teaches the method according to claim 8,
wherein in measure b) the control arrangement controls the at least one steering actuator on the basis of the path information for moving the ground processing machine with an offset to the path represented by the path information when the ground processing machine moves in the first direction of movement when carrying out measure a). (Fig 4, 8, [0036], [0038], [0039], [0047] condition for automatic control may include vehicle turns to substantially parallel adjacent path for subsequent path with one pass, which is at a predetermined offset from the first path to adjacent path in an opposite direction of the traveled first path.)
In regards to claim 15, Keyes teaches the method according to claim 14,
wherein the offset is determined before carrying out measure b) or/and that the offset remains unchanged when carrying out measure b). (Fig 4, 8, [0036], [0038], [0039], [0047] condition for automatic control may include vehicle turns to substantially parallel adjacent path for subsequent path with one pass, which is at a predetermined offset from the first path to adjacent path in an opposite direction of the traveled first path. This turn occurs while the vehicle is manually operated which requires the offset be determined before carrying out autonomous travel.)
In regards to claim 16, Keyes teaches the method according to claim 8
wherein measure b) is started when the direction of movement of the ground processing machine is reversed after movement of the ground processing machine in the first direction of movement during an immediately preceding implementation of measure a). ([0038], [0039] when the vehicle travels forwards and then stops and switches to reverse, a prompt is given to the operator to enable autonomous driving based upon the path traveled manually by the vehicle in the first direction, which when accepted transitions the vehicle to automatic travel after movement of the vehicle in the forward direction immediately following implementation of the forward movement.)
In regards to claim 17, Keyes teaches the method according to claim 8,
wherein measure b) is terminated when, during movement of the ground processing machine in the second direction of movement when carrying out measure b), an end position of the ground processing machine associated with a start position of the ground processing machine during an immediately preceding execution of measure a) is reached. ([0038], [0039] when only one pass is selected by the user to be traveled in the reverse direction, the vehicle travels from the beginning of the path to the end of the path based on their positions recorded during manual operation of the vehicle.)
In regards to claim 18, Keyes teaches the method according to claim 17,
wherein upon or/and after reaching the end position: ([0038], [0039] when only one pass is selected by the user to be traveled in the reverse direction, the vehicle travels from the beginning of the path to the end of the path based on their positions recorded during manual operation of the vehicle. When multiple paths are determined the vehicle positions itself for the next path after passing an end position of the current path pass.)
- an indication indicating that the end position has been reached is generated
or/and
- the control arrangement controls the at least one steering actuator on the basis of steering information representing an actuating position of the steering element. (Fig 9, [0019] steering system includes steering wheel, levers, pedals, and the like for controlling steering by a user or autonomous system, which are steering elements operated by operator, that control steering actuators. Steering system control steering, and thereby steering actuator, is operated based on steering input from user and semi-autonomous system including while traveling manually and automatically, and further including after having performed an autonomous travel pass.)
In regards to claim 21, Keyes teaches the method according to claim 8,
wherein during measure a), the path information to be used during an immediately subsequent implementation of measure b) is only generated if the ground processing machine has covered a predetermined minimum path length since the start of measure a). ([0024] position information is determined either continuously or at predetermined intervals. [0051] particular position data may be excluded from operator intent determinations based upon velocity. When the compactor is not performing movement or not performing compactor operations, the information may be excluded from driver intent determinations of creating a compaction path. When the positions are found to be under conditions at which the position data should be excluded, the vehicle is determined not to have traveled enough to record position for determining operator intent. This gives at least a predetermined distance of travel based on the speed and the sampling interval of the vehicle at which an intent may be determined to switch to autonomous mode from manual mode, and when there is data excluded for determining intent, the vehicle necessarily has not traveled enough and cannot determine a driver intent to switch to an autonomous mode. This uses a predetermined vehicle travel path length, found from vehicle speed and position sampling time interval to allow a transition from manual travel to autonomous travel and otherwise disallows the transition.)
In regards to claim 22, Keyes teaches the method according to claim 8,
wherein the control arrangement controls a drive system of the ground processing machine on the basis of driving information representing an actuation of a drive element during the implementation of measures a) and b) and after the completion of measure b). (Fig 9, [0019] steering system includes steering wheel, levers, pedals, and the like for controlling steering by a user or autonomous system, which are steering elements operated by operator, that control steering actuators. Steering system control steering, and thereby steering actuator, is operated based on steering input from user and semi-autonomous system including while traveling manually and automatically, and further including after having performed an autonomous travel pass.)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Keyes in view of Takahama (US 20190025825).
In regards to claim 19, Keyes teaches the method according to claim 8,
Keyes does not teach: wherein
measure b) is terminated when override information is generated.
However, Takahama teaches a driver’s operation, such as steering, may override autonomous control to transition to a manual mode when traveling in the autonomous mode ([0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control method of Keyes, by incorporating the teachings of Takahama, such that when the vehicle is in autonomous mode, the autonomous mode may be overridden and terminated by the driver and the vehicle transitioned to the manual mode based on a detected steering input of the driver.
The motivation to do so is that, as acknowledged by Takahama, this allows for improved selection of driving mode ([0004]-[0007]).
In regards to claim 20, Takahama teaches a driver’s operation, such as steering, may override autonomous control to transition to a manual mode when traveling in the autonomous mode ([0022]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control method of Keyes, as already modified by Takahama, by further incorporating the teachings of Takahama, such that when the vehicle is in autonomous mode, the autonomous mode may be overridden through a steering input from the driver and terminated by the driver and the vehicle transitioned to the manual mode.
The motivation to do so is the same as acknowledged by Takahama in regards to claim 19.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Keyes in view of Yoshikawa (JP 2021046063).
In regards to claim 23, Keyes teaches a method for operating a self-propelled ground processing machine for carrying out a ground processing operation by moving the self-propelled ground processing machine in a first direction of movement and a second direction of movement opposite the first direction of movement, the ground processing machine comprising: (Fig 9, [0038], [0039] when the vehicle moves forward in a first direction, path information is gathered by saving position data and path data, and when switched to reverse, the vehicle may follow a second pass or path automatically, where the second direction is opposite the first direction.)
a steering system with at least one steering actuator and a steering element to be actuated by an operator, ([0019] steering system includes steering wheel, levers, pedals, and the like for controlling steering by a user, which are steering elements operated by operator, that control steering actuators. Steering system control steering, and thereby steering actuator, is operated based on steering input from user and semi-autonomous system.)
a drive system with a drive unit and a drive element to be actuated by the operator, ([0019] throttle and brake system are used to control drive elements and are actuated by operator, together forming drive system.) and
a control arrangement for carrying out the ground processing operation by controlling the at least one steering actuator on the basis of an actuation of the steering element, or on the basis of path information generated when moving the ground processing machine in the first direction of movement ([0038], [0039] when the vehicle travels forwards and then stops and is switched to reverse, a prompt is given to the operator to enable autonomous driving based upon the path traveled manually by the vehicle in the first direction. [0019] steering system includes steering wheel, levers, pedals, and the like for controlling steering by a user or autonomous system, which are steering elements operated by operator, that controls steering actuators. Steering system control steering, and thereby steering actuator, is operated based on steering input from user and semi-autonomous system including while traveling manually and automatically, and further including after having performed an autonomous travel pass. This is at least manual control to directly steer the vehicle in a manual mode and after an autonomous mode returns back to a manual mode and autonomous steering while in an autonomous mode.) and
the method comprising:
a) when the ground processing machine moves in the first direction of movement, controlling the at least one steering actuator on the basis of the actuation of the steering element and controlling the drive unit on the basis of the driving information and generating path information representing the path covered when the ground processing machine moves in the first direction of movement, ([0038], [0039] when the vehicle travels forwards and then stops and is switched to reverse, a prompt is given to the operator to enable autonomous driving based upon the path traveled manually by the vehicle in the first direction. This generates path information representing the path covered when traveling in a first direction while the vehicle travels manually, which requires input of driver steering, throttle, and braking, all provided to corresponding actuators.)
b) when, after having implemented measure a) the ground processing machine moves in the second direction of movement, controlling the at least one steering actuator on the basis of the path information generated during the immediately preceding implementation of measure a) ([0038], [0039] when the vehicle stops and then is switched to reverse after having manually travelled the path, a query is presented allowing the vehicle to be controlled autonomously, including steering through steering actuators, which is based at least in part upon the path traveled manually immediately before switching to automatic control.) and.
Keyes does not teach:
by controlling the drive unit exclusively on the basis of driving information representing an actuation of the drive element,
b) when, after having implemented measure a) the ground processing machine moves in the second direction of movement, controlling the at least one steering actuator on the basis of the path information generated during the immediately preceding implementation of measure a) and controlling the drive system on the basis of the driving information.
However, Yoshikawa teaches a mixed mode in which automatic and manual operations are performed such that automatic steering is performed and manual speed control is performed by the operator (Page 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control method of Keyes, by incorporating the teachings of Yoshikawa, such that when in the automatic mode, the steering of Keyes is automatically controlled, but speed may still be manually controlled by the vehicle’s operator.
The motivation to do so is that, as acknowledged by Yoshikawa, this allows for more smooth transition between manual and autonomous modes (Page 1) by allowing some user control to be retained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kentley-Klay et al. (US 20250005378) teaches manual override through a driver’s action when in an autonomous mode of a vehicle.
Stahl et al. (US 20200262475) teaches override torque for a steering wheel of a vehicle that allows a driver to override autonomous travel.
Zeitzew (US 20070061053) teaches a vehicle autonomous override condition.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHIAS S WEISFELD whose telephone number is (571)272-7258. The examiner can normally be reached Monday-Thursday 7:00 AM - 4:00 PM.
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/MATTHIAS S WEISFELD/Examiner, Art Unit 3661
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