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 .
ART REJECTION:
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Onuma et al(KR 20140009148 A).
-- With regards to claim 1, the claimed subject matter that is met by Onuma et al(Onuma) includes:
1) a lower traveling body is met by the lower traveling body(1e) as seen in figure 1
2) an upper turning body turnably mounted on the lower traveling body is met by the upper swing body(1d) as seen in figure 1
3) an imaging device attached to the upper turning body is met by the camera(13a)
4) a display device is met by the display device(1300) in the cab(1f)
5) circuitry configured to display, on the display device, position information representing a relationship between positions of a person detected by the imaging device and the shovel is met by the obstacle detecting unit(400), in conjunction with position calculating unit(500), dangerous range calculating unit(700), and CPU which processes the information from each unit(see: paragraph 4 of the “DESCRIPTION OF THE PREFERRED EMBODIMENTS), WHEREIN THE obstacle detector(400) detects the presence of obstacles around the hydraulic excavator using images captured by the cameras(13a,13b,13c), and the position calculator(500) detects the obstacle detector so as to calculate the relative position of the objects with respect to the hydraulic excavator;
6) and when the person whose position is represented in the position information is no longer detected by the imaging device, continue to display the position of the person who is no longer detected in the position information in a case where a predetermined condition is satisfied is met by the computed distance calculated determining a circumscribed rectangle located in an area near the camera and assumed to be part of a detected obstacle, such that the imaged is checked wither or not a circular shape indicative of a human helmet exists. And when it is determined that the circle does not exist, the extraction area is determined as an object, even when the human is no longer being detected by the camera(see: paragraph 29).
-- With regards to claim 2,
1) the predetermined condition is a condition based on a positional relationship between a detection range in which the person can be detected by the imaging device and a position of the person who is no longer detected is met since the condition is based on the detected object being included in an area that constitutes a risk area in relation to the excavator as discussed in claim 1 above, wherein the object is determined to no longer constitute a human in the image.
-- With regards to claim 4,
1) when the imaging device is a camera, the circuitry is configured to display, on the display device, an image captured by the camera, or an image captured by a different camera provided in the upper turning body separately from the camera, together with the position information is met by the display device displaying the images presented by the cameras as discussed in claim 1 above.
-- With regards to claim 5,
1) wherein the circuitry is configured to display, on the image, an area in which a person is detected and associate the area with a position of the person represented in the position information is met by the images on the display showing positions of the detected objects on the camera image, as discussed in claim 1 above.
-- With regards to claim 7,
1) when the person whose position is represented in the position information is no longer detected by the imaging device, the circuitry changes a display mode of display information representing the position of the person who is no longer detected in a case where the predetermined condition is satisfied
-- Claim 8 recites subject matter that substantially corresponds to the subject matter of claim 1, and therefore, is met for the reasons as discussed in the rejection of claim 1 above.
Allowable Subject Matter
Claims 3 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARYL C POPE whose telephone number is (571)272-2959. The examiner can normally be reached 9AM - 5PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN ZIMMERMAN can be reached at 571-272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DARYL C POPE/Primary Examiner, Art Unit 2686
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