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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 11 and 12 are rejected under 35 U.S.C. 101.
Claims 11 and 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 11 and 12 recite an abstract idea in the form of mental processes without significantly more.
Regarding eligibility step 1, the claimed invention of claims 11 and 12 falls into at least one of the enumerated categories of apparatuses and processes. Therefore, claims 11 and 12 pass step 1.
Proceeding to eligibility step 2A, the claimed invention of claims 11 and 12 is directed to a judicial exception, such as an abstract idea. If a claim limitation under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the mental process grouping of an abstract idea. The claimed invention of claims 11 and 12 is directed to processes that change a trace in conformity with the changed reference point using generic computer components which can be performed in the human mind, or by a human using a pen and paper. For example, human mind can evaluate the changed reference point and alter the trace to conform with the changed reference point. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, claim 11 recites and claim 12 similarly recites “a trace of a work implement and a reference point of a container while a work machine is operated to load loads carried in the work implement into the container are stored.” The limitation is recited at a high-level of generality such that it amounts to no more than insignificant extra solution activity of data storing or gathering. Accordingly, the limitation does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Proceeding to eligibility step 2B, claims 11 and 12 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the limitation of “a trace of a work implement and a reference point of a container while a work machine is operated to load loads carried in the work implement into the container are stored” amounts to no more than insignificant extra solution activity of data storing or gathering. Insignificant data outputting cannot provide an inventive concept. Therefore, claims 11 and 12 are not patent eligible.
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)(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 1-3, 5, 11, and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Akiyama et al. (US 2024/0376694 A1).
Regarding claim 1, Akiyama discloses a system including a work machine, the system comprising:
a work machine main body (Akiyama at para. [0034]: “FIG. 1 is a side view of a work machine 1”);
a work implement attached to the work machine main body, the work implement including a bucket (Akiyama at para. [0036]: “The attachment 30 is a work device, attached to the upper turning body 22 capably of performing a work motion including vertically rotational movement. The attachment 30 includes a boom 31, an arm 32, and a bucket 33”);
a work implement posture sensor that detects a posture of the work implement (Akiyama at para. [0043]: “The working posture detector 60 detects a working posture that is the posture of the attachment 30”);
an object sensor that detects an object around the work machine main body (Akiyama at para. [0048]: “The LiDAR 27 is an acquisition device that acquires an ambient condition at a work site. Specifically, the LiDAR 27 acquires point group data indicating the distance from the position where the LiDAR 27 is placed to an object (dump car or obstacle) at the work site”); and
a controller that communicates with the work implement posture sensor and the object sensor (Akiyama at para. [0051]: “To the control unit 11 are input turning angle information and working posture information”; para. [0052]: “Besides, to the control unit 11 is input information related to the ambient condition at the work site, the information acquired by the LiDAR 27”), wherein the controller stores a trace of the work implement and a reference point of the container while the work machine is operated to load loads in the bucket into a container (Akiyama at para. [0054]: “The storage device 13 stores the designated motion. The designated motion, in this embodiment, includes a series of motions, designated through teaching by an operator. The designated motion causes a distal part of the attachment 30, the tip of the bucket 33 in this embodiment, to trace a predetermined trajectory”; para. [0058]: “the control unit 11 sets the allowable area based on information on the obstacle or the like at the work site. In FIGS. 3 and 4, the front boundary surface 73 of the allowable area is shown in a dot chain line”; para. [0060]: “The control unit 11 revises the designated motion, in the case where the restriction target part, namely, the tip of the bucket 33, will be protruded beyond the allowable area (in the example shown in FIG. 4, projected frontward over the front boundary surface 73) when the attachment 30 performs the designated motion”; The designated motion (i.e., “trace”) is stored in the storage device, and the front boundary surface 73 of the dump truck 5 (i.e., “reference point”) must be stored to revise the designated motion), and when a position of the reference point is changed, the controller changes the trace in conformity with the changed reference point (Akiyama at para. [0081]: “The control unit 11 modifies the allowable area (the lower boundary surface 73) from time to moment in response to the change in the amount of soil and sand loaded on the vessel 6. Thus is allowed a proper allowable area to be set according to the variation in the ambient condition based on the acquired ambient condition”; para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
Regarding claim 2, Akiyama discloses the system according to claim 1.
Akiyama further discloses wherein a position of a feature point that defines the trace is stored (Akiyama at para. [0056]: “The control unit 11, thus, controls the driving of the upper turning body 22 and the attachment 30 so as to make the tip of the bucket 33 pass through the points A to E, which are a plurality of target points, sequentially to make the upper turning body 22 and the attachment 30 perform the series of motions”; At least one of the points A to E (i.e., “feature point”)), and
the feature point is changed in conformity with the changed reference point (Akiyama at para. [0061]: “the control unit 11 changes respective positions of the point B, the point C, and the point D to positions to each of which the distance in the X direction from the turning center axis 20 is smaller than the distance Lx (e.g., 5900 mm). Such revision of the designated motion causes the trajectory 71 of the tip of the bucket 33 from the point B to the point D via the point C to be modified to a trajectory 72 as indicated by a solid line in FIGS. 3 and 4”).
Regarding claim 3, Akiyama discloses the system according to claim 2.
Akiyama further discloses wherein a posture of the work implement at the feature point is stored (Akiyama at para. [0064]: “initially, the tip of the bucket 33 is positioned at a first position shown in FIG. 5A by an operator's operation or the like and the first position is stored in the control unit 11 by performance of a designation operation or the like at the first position”).
Regarding claim 5, Akiyama discloses the system according to claim 1.
Akiyama further discloses wherein when a position in the container where the loads are to be loaded is changed, whether to change the position of the reference point is determined (Akiyama at para. [0081]: “The control unit 11 modifies the allowable area (the lower boundary surface 73) from time to moment in response to the change in the amount of soil and sand loaded on the vessel 6. Thus is allowed a proper allowable area to be set according to the variation in the ambient condition based on the acquired ambient condition”; para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
Regarding claim 11, Akiyama discloses a work machine controller, wherein a trace of a work implement and a reference point of a container while a work machine is operated to load loads carried in the work implement into the container are stored (Akiyama at para. [0054]: “The storage device 13 stores the designated motion. The designated motion, in this embodiment, includes a series of motions, designated through teaching by an operator. The designated motion causes a distal part of the attachment 30, the tip of the bucket 33 in this embodiment, to trace a predetermined trajectory”; para. [0058]: “the control unit 11 sets the allowable area based on information on the obstacle or the like at the work site. In FIGS. 3 and 4, the front boundary surface 73 of the allowable area is shown in a dot chain line”; para. [0060]: “The control unit 11 revises the designated motion, in the case where the restriction target part, namely, the tip of the bucket 33, will be protruded beyond the allowable area (in the example shown in FIG. 4, projected frontward over the front boundary surface 73) when the attachment 30 performs the designated motion”; The designated motion (i.e., “trace”) is stored in the storage device, and the front boundary surface 73 of the dump truck 5 (i.e., “reference point”) must be stored to revise the designated motion), and
when a position of the reference point is changed, the trace is changed in conformity with the changed reference point (Akiyama at para. [0081]: “The control unit 11 modifies the allowable area (the lower boundary surface 73) from time to moment in response to the change in the amount of soil and sand loaded on the vessel 6. Thus is allowed a proper allowable area to be set according to the variation in the ambient condition based on the acquired ambient condition”; para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
Regarding claim 12, Akiyama discloses a method of controlling a work machine, the method comprising:
storing a trace of a work implement and a reference point of a container while the work machine is operated to load loads carried in the work implement into the container (Akiyama at para. [0054]: “The storage device 13 stores the designated motion. The designated motion, in this embodiment, includes a series of motions, designated through teaching by an operator. The designated motion causes a distal part of the attachment 30, the tip of the bucket 33 in this embodiment, to trace a predetermined trajectory”; para. [0058]: “the control unit 11 sets the allowable area based on information on the obstacle or the like at the work site. In FIGS. 3 and 4, the front boundary surface 73 of the allowable area is shown in a dot chain line”; para. [0060]: “The control unit 11 revises the designated motion, in the case where the restriction target part, namely, the tip of the bucket 33, will be protruded beyond the allowable area (in the example shown in FIG. 4, projected frontward over the front boundary surface 73) when the attachment 30 performs the designated motion”; The designated motion (i.e., “trace”) is stored in the storage device, and the front boundary surface 73 of the dump truck 5 (i.e., “reference point”) must be stored to revise the designated motion); and
changing, when a position of the reference point is changed, the trace in conformity with the changed reference point (Akiyama at para. [0081]: “The control unit 11 modifies the allowable area (the lower boundary surface 73) from time to moment in response to the change in the amount of soil and sand loaded on the vessel 6. Thus is allowed a proper allowable area to be set according to the variation in the ambient condition based on the acquired ambient condition”; para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
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.
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 4 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama in view of Nishi (US 2021/0002852 A1).
Regarding claim 4, Akiyama discloses the system according to claim 1.
However, Akiyama does not explicitly state:
wherein when the container into which the loads are to be loaded is changed, the changed container is detected, and whether to change the position of the reference point is determined.
In the same field of endeavor, Nishi teaches:
wherein when the container into which the loads are to be loaded is changed, the changed container is detected, and whether to change the position of the reference point is determined (Nishi at para. [0088]: “An area surrounded by a dashed line indicates an area ZB that is excluded from the prohibited area ZA because the state of the dump truck 60 is changed. An area surrounded by a dash-dot line indicates an area ZC that is newly included in the prohibited area ZA because the state of the dump truck 60 is changed”; para. [0089]: “the controller 30 can identify the state of the dump truck 60 based on the output of the LIDAR, and correct the size of the prohibited area ZA in accordance with the state of the dump truck 60. Examples of the state of the dump truck 60 include the opening/closing state of the cover 63, the opening/closing state of the gate 62, and the inclination state of the bed 61”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Akiyama by adding the changed container of Nishi with a reasonable expectation of success. The motivation to modify the system of Akiyama in view of Nishi is to prevent contact between attachments and objects during loading work.
Regarding claim 7, Akiyama discloses the system according to claim 2.
Akiyama further discloses wherein the feature point includes a position of the work implement (Akiyama at para. [0056]: “The control unit 11, thus, controls the driving of the upper turning body 22 and the attachment 30 so as to make the tip of the bucket 33 pass through the points A to E, which are a plurality of target points, sequentially to make the upper turning body 22 and the attachment 30 perform the series of motions”; At least one of the points A to E (i.e., “feature point”); para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
However, Akiyama does not explicitly state:
at time when an operation of the bucket in a dump direction is stopped above the container.
In the same field of endeavor, Nishi teaches:
at time when an operation of the bucket in a dump direction is stopped above the container (Nishi at para. [0090]: “as illustrated in FIG. 4, when the right cover 63R is in the upright position, the controller 30 can stop the movement of the bucket approaching the right 6 cover 63R as indicated by a dotted arrow AR1”; As shown in FIG. 4, the bucket stops above the bed 61 (i.e., “above the container”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Akiyama by adding the operation of Nishi with a reasonable expectation of success. The motivation to modify the system of Akiyama in view of Nishi is to prevent contact between attachments and objects during loading work.
Regarding claim 8, Akiyama discloses the system according to claim 2.
Akiyama further discloses wherein the work implement includes a boom having a tip end attached to the bucket (Akiyama at para. [0036]: “The attachment 30 is a work device, attached to the upper turning body 22 capably of performing a work motion including vertically rotational movement. The attachment 30 includes a boom 31, an arm 32, and a bucket 33”), and
the feature point includes a position of the work implement (Akiyama at para. [0056]: “The control unit 11, thus, controls the driving of the upper turning body 22 and the attachment 30 so as to make the tip of the bucket 33 pass through the points A to E, which are a plurality of target points, sequentially to make the upper turning body 22 and the attachment 30 perform the series of motions”; At least one of the points A to E (i.e., “feature point”); para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
However, Akiyama does not explicitly state:
at time when an operation to raise the boom is stopped above the container.
In the same field of endeavor, Nishi teaches:
at time when an operation to raise the boom is stopped above the container (Nishi at para. [0090]: “as illustrated in FIG. 4, when the right cover 63R is in the upright position, the controller 30 can stop the movement of the bucket approaching the right 6 cover 63R as indicated by a dotted arrow AR1”; As shown in FIG. 4, the boom 4 is not raised when the bucket 6 is stopped above the bed 61 (i.e., “above the container”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Akiyama by adding the operation of Nishi with a reasonable expectation of success. The motivation to modify the system of Akiyama in view of Nishi is to prevent contact between attachments and objects during loading work.
Regarding claim 9, Akiyama discloses the system according to claim 2.
wherein the feature point includes a position of the work implement (Akiyama at para. [0056]: “The control unit 11, thus, controls the driving of the upper turning body 22 and the attachment 30 so as to make the tip of the bucket 33 pass through the points A to E, which are a plurality of target points, sequentially to make the upper turning body 22 and the attachment 30 perform the series of motions”; At least one of the points A to E (i.e., “feature point”); para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
However, Akiyama does not explicitly state:
at time when an operation of the bucket in a tilt direction is started above the container.
In the same field of endeavor, Nishi teaches:
at time when an operation of the bucket in a tilt direction is started above the container (Nishi at para. [0189]: “the controller 30 performs a combined operation including an arm opening operation and a right turning operation until the shovel 100 is oriented as indicated by the dash-dot line, namely until the lower end of the bucket 6 reaches a point P3. The combined operation may include at least one of a boom lowering operation and an opening/closing operation of the bucket 6”; The opening/closing operation of the bucket (i.e., “an operation of the bucket in a tilt direction”) is started above the dump truck 60).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Akiyama by adding the operation of Nishi with a reasonable expectation of success. The motivation to modify the system of Akiyama in view of Nishi is to prevent contact between attachments and objects during loading work.
Regarding claim 10, Akiyama discloses the system according to claim 9.
wherein the feature point includes a position of the work implement (Akiyama at para. [0056]: “The control unit 11, thus, controls the driving of the upper turning body 22 and the attachment 30 so as to make the tip of the bucket 33 pass through the points A to E, which are a plurality of target points, sequentially to make the upper turning body 22 and the attachment 30 perform the series of motions”; At least one of the points A to E (i.e., “feature point”); para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
However, Akiyama does not explicitly state:
at the time when the operation of the bucket in the tilt direction is stopped.
In the same field of endeavor, Nishi teaches:
at the time when the operation of the bucket in the tilt direction is stopped (Nishi at para. [0189]: “the controller 30 performs a combined operation including an arm opening operation and a right turning operation until the shovel 100 is oriented as indicated by the dash-dot line, namely until the lower end of the bucket 6 reaches a point P3. The combined operation may include at least one of a boom lowering operation and an opening/closing operation of the bucket 6”; The opening operation of the bucket (i.e., “an operation of the bucket in the tilt direction”) should be stopped to perform the closing operation of the bucket).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Akiyama by adding the operation of Nishi with a reasonable expectation of success. The motivation to modify the system of Akiyama in view of Nishi is to prevent contact between attachments and objects during loading work.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Akiyama in view of Seki et al. (US 2020/0362530 A1, hereinafter “Seki”).
Regarding claim 6, Akiyama discloses the system according to claim 2.
Akiyama further discloses wherein the feature point includes a position of the work implement (Akiyama at para. [0056]: “The control unit 11, thus, controls the driving of the upper turning body 22 and the attachment 30 so as to make the tip of the bucket 33 pass through the points A to E, which are a plurality of target points, sequentially to make the upper turning body 22 and the attachment 30 perform the series of motions”; At least one of the points A to E (i.e., “feature point”); para. [0082]: “the control unit 11 as a revision means revises the designated motion so as to make the tip of the bucket 33 trace a trajectory 72 indicated by a solid line in FIG. 9”).
However, Akiyama does not explicitly state:
at time when an operation of the bucket in a dump direction is started while the work machine travels forward toward the container.
In the same field of endeavor, Seki teaches:
at time when an operation of the bucket in a dump direction is started while the work machine travels forward toward the container (Seki at para. [0044]: “In the loading work mode, the wheel loader 1 moves forward toward the transport vehicle LS to load the excavated object excavated by the bucket 12, while the excavated object is held in the bucket 12. The driver of the wheel loader 1 operates the traveling operation device 40 in order for the wheel loader 1 to approach the transport vehicle LS by turning and moving forward the wheel loader 1, as indicated by the arrow M3 in FIG. 2”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Akiyama by the operation of Seki with a reasonable expectation of success. Moreover, it is obvious to one skilled in the art to understand that work machines, in general, approach a dump truck by traveling forward to unload excavated objects to the dump truck. The motivation to modify the system of Akiyama in view of Seki is to operate the work machine into position to transfer excavated objects into a transport vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found in the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JISUN CHOI whose telephone number is (571)270-0710. The examiner can normally be reached Mon-Fri, 9:00 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Browne can be reached at (571)270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JISUN CHOI/Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
