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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: three-dimensional data acquisition unit in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: current terrain data storage unit in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: determination unit in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Buda (20230256971).
Referring to claims 1 and 9, Buda shows a detection system for a work site and corresponding method, the detection system comprising:
three-dimensional data acquisition unit (see figure 3 note Ref 16) that acquires three-dimensional data of the work site where a work machine operates (see paragraph 72-73);
a current terrain data storage unit (see figure 3 Ref 20) that stores current terrain data created on a basis of the three-dimensional data and time in association with each other (see paragraph 81-83 note the anomaly detection and the predetermined time period that the anomaly is required to exist to be detected); and
a determination unit that determines whether or not there is a cliff at the work site on a basis of storage data stored in the current terrain data storage unit (see paragraph 38 note the anomaly detected includes hazards in the roadway and includes cliffs).
Referring to claim 7, Buda shows wherein the work machine includes a three-dimensional sensor that detects a three-dimensional shape of the work site (see paragraph 72-73), and
the three-dimensional data acquisition unit acquires detection data of the three-dimensional sensor as the three-dimensional data (see paragraph 74-75).
Referring to claim 8, Buda shows a position data acquisition unit that acquires position data indicating a current position of the work machine (see paragraph 71),
wherein the current terrain data storage unit stores the current terrain data, the time, and the current position in association with each other (see paragraph 71-72).
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.
Claim(s) is/are rejected under 35 U.S.C. 103 as being unpatentable over Buda (20230256971) in view of Tomoi (JP200510065).
Referring to claim 2, Buda shows wherein the current terrain data storage unit updates the time in a case where the three-dimensional data is acquired by the three-dimensional data acquisition unit (see the roadway anomaly detection that updates the location of the anomaly on the roadway based on a time threshold of the anomaly being present in paragraph 39-40), and
Note that Buda shows updating the location of an anomaly when the device detects the presence of the anomaly for a minimum period of time and fails to specifically show detecting the presence of a cliff based on the lack of updated terrain data over a predetermined period.
Tomoi shows a similar device that looks for the change of a terrain that determines if a terrain change has occurred with the absence of a measurement over a predetermined period of time (see paragraph 8-9). It would have been obvious to include the lack of measurement of a previously measured area over a predetermined time period to indicate the location of a cliff because this allows the device to detect a landslide cliff where a navigable road was once present and allows the device to correctly map the location of the cliff.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buda (20230256971) in view of Tanaka (20210055126).
Referring to claim 3, Buda shows identifying the height of each of the detection points, this is extremely well known with the 3D map of the road surface as shown by Buda. Buda fails to specifically show wherein the current terrain data includes height data of each of a plurality of detection points defined on a surface of a terrain of the work site, and
the determination unit determines whether there is a cliff on a basis of the time when the height data of each of the plurality of detection points is acquired.
Tanaka shows a similar device that includes wherein the current terrain data includes height data of each of a plurality of detection points defined on a surface of a terrain of the work site, and
the determination unit determines whether there is a cliff on a basis of the time when the height data of each of the plurality of detection points is acquired (see figures 6a-6c note the updating of the map during each time of travel and see paragraph 57 note the specific height condition as required for storing a detection point DP). It would have been obvious to include the height detection when determining the presence or absence of a cliff or anomaly as shown by Tanaka because this allows minor depressions or bumps to be filtered out as non-hazards as taught by Tanaka.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buda (20230256971).
Referring to claim 5, Buda shows the detection of an anomaly that includes the detection of a cliff as shown in paragraph 54. Buda also shows detecting the roadway slope to determine an anomaly (see paragraph 38-39). It would have been obvious to include the detection of a cliff on the basis of the slope of the terrain because this is a parameter used in Buda to detect an anomaly in the roadway.
Allowable Subject Matter
Claims 4 and 5 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 LUKE D RATCLIFFE whose telephone number is (571)272-3110. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Isam Alsomiri can be reached at 571-272-6970. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LUKE D RATCLIFFE/Primary Examiner, Art Unit 3645
