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 .
Election/Restrictions
Claims 10-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 5, 2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 20, 2026 and February 13, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “about” in claim 3 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. One of ordinary skill in the art would not be reasonably apprised of the scope of the invention of what is considered to be “about 5 degrees”, rendering the claim indefinite.
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) 1-5 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alam (US 9943022; already of record from IDS).
In regards to claim 1, Alam discloses of a machine (“FIG. 1 is a simplified side view of an excavator that includes a rotating platform 11, a boom 12, a stick 16, and a bucket 20. The boom 12 is pivotally coupled to the platform 11 at a pivot point (not shown), the stick 16 is pivotally coupled to the boom 12 at a pivot point 18, and the bucket 20 is pivotally coupled to the stick 16 at a pivot point 22. Hydraulic devices 24, 26, 28 are provided to move the boom 12, the stick 16, and the bucket 20. The bucket 20 includes teeth 30 that may assist in digging. The platform 11 includes a cab 31 supported on an undercarriage 32 that may include wheels or tracks to facilitate movement of the excavator around a worksite. The platform 11 can be rotated about a generally vertical axis 35 by a hydraulic motor 33. It should be appreciated that the excavator can be used with other implements or tools besides the bucket 20 such as augers, trenchers, compactors, and the like.” (Column 5 lines 17-34), comprising:
a lower frame configured to move along a surface (“FIG. 1 is a simplified side view of an excavator that includes a rotating platform 11, a boom 12, a stick 16, and a bucket 20. The boom 12 is pivotally coupled to the platform 11 at a pivot point (not shown), the stick 16 is pivotally coupled to the boom 12 at a pivot point 18, and the bucket 20 is pivotally coupled to the stick 16 at a pivot point 22. Hydraulic devices 24, 26, 28 are provided to move the boom 12, the stick 16, and the bucket 20. The bucket 20 includes teeth 30 that may assist in digging. The platform 11 includes a cab 31 supported on an undercarriage 32 that may include wheels or tracks to facilitate movement of the excavator around a worksite. The platform 11 can be rotated about a generally vertical axis 35 by a hydraulic motor 33. It should be appreciated that the excavator can be used with other implements or tools besides the bucket 20 such as augers, trenchers, compactors, and the like.” (Column 5 lines 17-34), see also Fig 1);
an upper frame rotatable relative to the lower frame (“FIG. 1 is a simplified side view of an excavator that includes a rotating platform 11, a boom 12, a stick 16, and a bucket 20. The boom 12 is pivotally coupled to the platform 11 at a pivot point (not shown), the stick 16 is pivotally coupled to the boom 12 at a pivot point 18, and the bucket 20 is pivotally coupled to the stick 16 at a pivot point 22. Hydraulic devices 24, 26, 28 are provided to move the boom 12, the stick 16, and the bucket 20. The bucket 20 includes teeth 30 that may assist in digging. The platform 11 includes a cab 31 supported on an undercarriage 32 that may include wheels or tracks to facilitate movement of the excavator around a worksite. The platform 11 can be rotated about a generally vertical axis 35 by a hydraulic motor 33. It should be appreciated that the excavator can be used with other implements or tools besides the bucket 20 such as augers, trenchers, compactors, and the like.” (Column 5 lines 17-34), see also Fig 1);;
a first sensor configured to measure an angular orientation of the upper frame relative to the lower frame (“The IMU 42 is configured in accordance with known techniques to use accelerometers, gyroscopes, and/or magnetometers to determine specific force, angular rate, and/or other values associated with rotation of the platform 11. The IMU 42 may include an accelerometer, gyroscope, and/or magnetometer for each of the x, y, and z axes. In some embodiments, a single IMU may be used in determining the yaw of the platform 11.” (Column 6 lines 35-43), see also Fig 6 line 60 - Column 7 line 11);
a global navigation satellite system (GNSS) sensor coupled to the upper frame and configured to sense a global position (“As described more fully below, the yaw and position of the center-of-rotation 14 may be determined using the GNSS device 34 and the IMU 42. The GNSS device 34 is disposed on the platform 11 at a location that is separate and away from the center-of-rotation 14 so that a measured position of the GNSS device 34 changes as the platform 11 is rotated. The GNSS device 34 is arranged in a known spatial relationship with the center-of-rotation 14. For example, the GNSS device 34 may be arranged at a known location in a coordinate frame of the platform 11. The IMU 42 may also be disposed at a location that is separate and away from the center-of-rotation 14 to facilitate rotation measurements.” (Column 6 lines 1-13);
one or more processors (“FIG. 8 is a simplified block diagram of a system for determining and tracking yaw and center-of-rotation of a platform in accordance with some embodiments. The system includes a GNSS device, an IMU, and a processor.” (Column 12 lines 15-18), see also Fig 8); and
memory storing executable instructions that, when executed by the one or more processor, cause the machine to perform actions (“The processor may be communicatively coupled to the GNSS device and the IMU. The processor may broadly represent a computing device that may include other components such as memory and that may be configured to determine the yaw of the platform and a position of the center-of-rotation of the platform in an external coordinate frame. In some configurations, the processor may be configured to receive other inputs and/or to output information to a display.” (Column 12 lines 31-39)) comprising:
receiving, from the first sensor, a first input indicating a first angular orientation of the upper frame relative to the lower frame at a first time (“Excavators commonly utilize a variety of sensors to monitor positions of various machine elements and/or to provide a display of element positions to an operator. As an example, angles between the platform 11, the boom 12, the stick 16, and the bucket 20 can be determined using encoders and/or sensors. For example, angles of the bodies can be determined relative to gravity using inclinometers such as IMUs. In the example of FIG. 1, the excavator includes an IMU 42 on the platform 11, an IMU 44 on the boom 12, an IMU 46 on the stick 16, and an IMU 48 on the bucket 20. These IMUs can be used to determine, for example, angles of the bodies relative to gravity and to determine rotation of the bodies about one or more axes (e.g., x, y, and/or z axes).” (Column 5 lines 34-47), “As described more fully below, the yaw and position of the center-of-rotation 14 may be determined using the GNSS device 34 and the IMU 42. The GNSS device 34 is disposed on the platform 11 at a location that is separate and away from the center-of-rotation 14 so that a measured position of the GNSS device 34 changes as the platform 11 is rotated. The GNSS device 34 is arranged in a known spatial relationship with the center-of-rotation 14. For example, the GNSS device 34 may be arranged at a known location in a coordinate frame of the platform 11. The IMU 42 may also be disposed at a location that is separate and away from the center-of-rotation 14 to facilitate rotation measurements.” (Column 6 lines 1-13), “The gyro observations (ω) can be used to determine a rotation rate of the platform. The rotation rate can be used to determine the rotation of the platform. The rotation of the platform may be a rotation of less than about 20° and in some embodiments the rotation may be between about 5° and about 15°. The rotation may be about one or multiple axes (e.g., pitch, roll, and/or yaw).” (Column 7 lines 12-18), “Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32);
receiving, from the first sensor, a second input indicating a second angular orientation of the upper frame relative to the lower frame at a second time(“Excavators commonly utilize a variety of sensors to monitor positions of various machine elements and/or to provide a display of element positions to an operator. As an example, angles between the platform 11, the boom 12, the stick 16, and the bucket 20 can be determined using encoders and/or sensors. For example, angles of the bodies can be determined relative to gravity using inclinometers such as IMUs. In the example of FIG. 1, the excavator includes an IMU 42 on the platform 11, an IMU 44 on the boom 12, an IMU 46 on the stick 16, and an IMU 48 on the bucket 20. These IMUs can be used to determine, for example, angles of the bodies relative to gravity and to determine rotation of the bodies about one or more axes (e.g., x, y, and/or z axes).” (Column 5 lines 34-47), “As described more fully below, the yaw and position of the center-of-rotation 14 may be determined using the GNSS device 34 and the IMU 42. The GNSS device 34 is disposed on the platform 11 at a location that is separate and away from the center-of-rotation 14 so that a measured position of the GNSS device 34 changes as the platform 11 is rotated. The GNSS device 34 is arranged in a known spatial relationship with the center-of-rotation 14. For example, the GNSS device 34 may be arranged at a known location in a coordinate frame of the platform 11. The IMU 42 may also be disposed at a location that is separate and away from the center-of-rotation 14 to facilitate rotation measurements.” (Column 6 lines 1-13), “The gyro observations (ω) can be used to determine a rotation rate of the platform. The rotation rate can be used to determine the rotation of the platform. The rotation of the platform may be a rotation of less than about 20° and in some embodiments the rotation may be between about 5° and about 15°. The rotation may be about one or multiple axes (e.g., pitch, roll, and/or yaw).” (Column 7 lines 12-18), “Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32);
receiving, from the GNSS sensor, a first global position associated with the first time and a second global position associated with the second time “As described more fully below, the yaw and position of the center-of-rotation 14 may be determined using the GNSS device 34 and the IMU 42. The GNSS device 34 is disposed on the platform 11 at a location that is separate and away from the center-of-rotation 14 so that a measured position of the GNSS device 34 changes as the platform 11 is rotated. The GNSS device 34 is arranged in a known spatial relationship with the center-of-rotation 14. For example, the GNSS device 34 may be arranged at a known location in a coordinate frame of the platform 11. The IMU 42 may also be disposed at a location that is separate and away from the center-of-rotation 14 to facilitate rotation measurements.” (Column 6 lines 1-13), “Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32), “The change in the yaw of the platform may be determined based on a rotation rate as the platform rotates between the first orientation and the second orientation. The change in position is based on a first position of a measurement center of the GNSS device at the first orientation and a second position of the measurement center of the GNSS device at the second orientation. The change in position may be determined from the two position measurements and not with any other position information..” (Column 7 lines 31-39)); and
determining, based at least in part on the first input, the second input, the first global position, and the second global position, an orientation of the machine “As described more fully below, the yaw and position of the center-of-rotation 14 may be determined using the GNSS device 34 and the IMU 42. The GNSS device 34 is disposed on the platform 11 at a location that is separate and away from the center-of-rotation 14 so that a measured position of the GNSS device 34 changes as the platform 11 is rotated. The GNSS device 34 is arranged in a known spatial relationship with the center-of-rotation 14. For example, the GNSS device 34 may be arranged at a known location in a coordinate frame of the platform 11. The IMU 42 may also be disposed at a location that is separate and away from the center-of-rotation 14 to facilitate rotation measurements.” (Column 6 lines 1-13), “Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32), “Embodiments described herein provide improved systems and methods for determining and tracking yaw and center-of-rotation of rotating platforms. In some embodiments, for example, a GNSS device may be used to determine positions of a platform at first and second orientations. The positions at each orientation may be used along with other IMU information, but without any other position information, to determine the yaw of the platform and a position of the center-of-rotation in an external coordinate frame. Rotations of the platform between the first and second orientations may be as little as 5° in some embodiments.” (Column 4 line 61 - Column 5 line 5).
In regards to claim 2, Alam discloses of the machine of claim 1, wherein the determining the orientation of the machine comprises:
determining, based at least in part on the first angular orientation and the second angular orientation, an estimated path of the GNSS sensor (“The yaw of the platform is determined at the second orientation and a position of the center-of-rotation is determined in a global coordinate frame (608). The yaw and the position of the center-of-rotation may be determined based on the change in the pitch, the roll, and the yaw of the excavator platform, the change in position of the measurement center of the GNSS device, the second position of the measurement center of the GNSS device at the second orientation, the pitch and roll of the platform at the second orientation, and a known spatial relationship between the measurement center of the GNSS device and the center-of-rotation” (Column 11 lines 22-34), “Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32), “Embodiments described herein provide improved systems and methods for determining and tracking yaw and center-of-rotation of rotating platforms. In some embodiments, for example, a GNSS device may be used to determine positions of a platform at first and second orientations. The positions at each orientation may be used along with other IMU information, but without any other position information, to determine the yaw of the platform and a position of the center-of-rotation in an external coordinate frame. Rotations of the platform between the first and second orientations may be as little as 5° in some embodiments.” (Column 4 line 61 - Column 5 line 5);
comparing the first global position and the second global position to the estimated path (“The yaw of the platform is determined at the second orientation and a position of the center-of-rotation is determined in a global coordinate frame (608). The yaw and the position of the center-of-rotation may be determined based on the change in the pitch, the roll, and the yaw of the excavator platform, the change in position of the measurement center of the GNSS device, the second position of the measurement center of the GNSS device at the second orientation, the pitch and roll of the platform at the second orientation, and a known spatial relationship between the measurement center of the GNSS device and the center-of-rotation” (Column 11 lines 22-34), “Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32), “Embodiments described herein provide improved systems and methods for determining and tracking yaw and center-of-rotation of rotating platforms. In some embodiments, for example, a GNSS device may be used to determine positions of a platform at first and second orientations. The positions at each orientation may be used along with other IMU information, but without any other position information, to determine the yaw of the platform and a position of the center-of-rotation in an external coordinate frame. Rotations of the platform between the first and second orientations may be as little as 5° in some embodiments.” (Column 4 line 61 - Column 5 line 5);
and determining, based on the comparing, an estimated center of rotation of the machine (“The yaw of the platform is determined at the second orientation and a position of the center-of-rotation is determined in a global coordinate frame (608). The yaw and the position of the center-of-rotation may be determined based on the change in the pitch, the roll, and the yaw of the excavator platform, the change in position of the measurement center of the GNSS device, the second position of the measurement center of the GNSS device at the second orientation, the pitch and roll of the platform at the second orientation, and a known spatial relationship between the measurement center of the GNSS device and the center-of-rotation” (Column 11 lines 22-34), “Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32), “As described more fully below, the yaw and position of the center-of-rotation 14 may be determined using the GNSS device 34 and the IMU 42. The GNSS device 34 is disposed on the platform 11 at a location that is separate and away from the center-of-rotation 14 so that a measured position of the GNSS device 34 changes as the platform 11 is rotated. The GNSS device 34 is arranged in a known spatial relationship with the center-of-rotation 14. For example, the GNSS device 34 may be arranged at a known location in a coordinate frame of the platform 11. The IMU 42 may also be disposed at a location that is separate and away from the center-of-rotation 14 to facilitate rotation measurements.” (Column 6 lines 1-13).
In regards to claim 3, Alam discloses of the machine of claim 1, wherein a difference between the first angular orientation and the second angular orientation is equal to or less than about 5-degrees (“Embodiments described herein provide improved systems and methods for determining and tracking yaw and center-of-rotation of rotating platforms. In some embodiments, for example, a GNSS device may be used to determine positions of a platform at first and second orientations. The positions at each orientation may be used along with other IMU information, but without any other position information, to determine the yaw of the platform and a position of the center-of-rotation in an external coordinate frame. Rotations of the platform between the first and second orientations may be as little as 5° in some embodiments.” (Column 4 line 61 - Column 5 line 5).
In regards to claim 4, Alam discloses of the machine of claim 1, further comprising:
an additional sensor disposed on the machine (“Excavators commonly utilize a variety of sensors to monitor positions of various machine elements and/or to provide a display of element positions to an operator. As an example, angles between the platform 11, the boom 12, the stick 16, and the bucket 20 can be determined using encoders and/or sensors. For example, angles of the bodies can be determined relative to gravity using inclinometers such as IMUs. In the example of FIG. 1, the excavator includes an IMU 42 on the platform 11, an IMU 44 on the boom 12, an IMU 46 on the stick 16, and an IMU 48 on the bucket 20. These IMUs can be used to determine, for example, angles of the bodies relative to gravity and to determine rotation of the bodies about one or more axes (e.g., x, y, and/or z axes).” Column 5 lines 34-47), “The excavator in this example includes a controller 50 having an associated memory. The controller 50 is responsive to the IMUs for determining a position of the bucket 20 based on the angles and rotations of the bodies. The position can be determined relative to the platform 11 or relative to a point on the platform 11, or the platform 11 may include a position sensor, such as GNSS device 34, that allows the position to be determined in an external or real-world coordinate frame. As used herein, a real-world or global coordinate frame is one that is based on reference points that are external to and independent of the excavator.” Column 5 lines 48-59), “The IMU 42 is configured in accordance with known techniques to use accelerometers, gyroscopes, and/or magnetometers to determine specific force, angular rate, and/or other values associated with rotation of the platform 11. The IMU 42 may include an accelerometer, gyroscope, and/or magnetometer for each of the x, y, and z axes. In some embodiments, a single IMU may be used in determining the yaw of the platform 11.” (Column 6 lines 35-43)), the actions further comprising:
receiving additional sensor data from the additional sensor (“Excavators commonly utilize a variety of sensors to monitor positions of various machine elements and/or to provide a display of element positions to an operator. As an example, angles between the platform 11, the boom 12, the stick 16, and the bucket 20 can be determined using encoders and/or sensors. For example, angles of the bodies can be determined relative to gravity using inclinometers such as IMUs. In the example of FIG. 1, the excavator includes an IMU 42 on the platform 11, an IMU 44 on the boom 12, an IMU 46 on the stick 16, and an IMU 48 on the bucket 20. These IMUs can be used to determine, for example, angles of the bodies relative to gravity and to determine rotation of the bodies about one or more axes (e.g., x, y, and/or z axes).” Column 5 lines 34-47), “The excavator in this example includes a controller 50 having an associated memory. The controller 50 is responsive to the IMUs for determining a position of the bucket 20 based on the angles and rotations of the bodies. The position can be determined relative to the platform 11 or relative to a point on the platform 11, or the platform 11 may include a position sensor, such as GNSS device 34, that allows the position to be determined in an external or real-world coordinate frame. As used herein, a real-world or global coordinate frame is one that is based on reference points that are external to and independent of the excavator.” Column 5 lines 48-59), “The IMU 42 is configured in accordance with known techniques to use accelerometers, gyroscopes, and/or magnetometers to determine specific force, angular rate, and/or other values associated with rotation of the platform 11. The IMU 42 may include an accelerometer, gyroscope, and/or magnetometer for each of the x, y, and z axes. In some embodiments, a single IMU may be used in determining the yaw of the platform 11.” (Column 6 lines 35-43)),
wherein the determining the orientation of the machine is further based on the additional sensor data (“Excavators commonly utilize a variety of sensors to monitor positions of various machine elements and/or to provide a display of element positions to an operator. As an example, angles between the platform 11, the boom 12, the stick 16, and the bucket 20 can be determined using encoders and/or sensors. For example, angles of the bodies can be determined relative to gravity using inclinometers such as IMUs. In the example of FIG. 1, the excavator includes an IMU 42 on the platform 11, an IMU 44 on the boom 12, an IMU 46 on the stick 16, and an IMU 48 on the bucket 20. These IMUs can be used to determine, for example, angles of the bodies relative to gravity and to determine rotation of the bodies about one or more axes (e.g., x, y, and/or z axes).” Column 5 lines 34-47), “The excavator in this example includes a controller 50 having an associated memory. The controller 50 is responsive to the IMUs for determining a position of the bucket 20 based on the angles and rotations of the bodies. The position can be determined relative to the platform 11 or relative to a point on the platform 11, or the platform 11 may include a position sensor, such as GNSS device 34, that allows the position to be determined in an external or real-world coordinate frame. As used herein, a real-world or global coordinate frame is one that is based on reference points that are external to and independent of the excavator.” Column 5 lines 48-59), “The IMU 42 is configured in accordance with known techniques to use accelerometers, gyroscopes, and/or magnetometers to determine specific force, angular rate, and/or other values associated with rotation of the platform 11. The IMU 42 may include an accelerometer, gyroscope, and/or magnetometer for each of the x, y, and z axes. In some embodiments, a single IMU may be used in determining the yaw of the platform 11.” (Column 6 lines 35-43)).
In regards to claim 5, Alam discloses of the machine of claim 4, further comprising:
one or more tracks coupled to the lower frame (“A real-world example of a rotating platform that will be used throughout this application is an excavator that has a rotating body coupled to movable tracks or wheels. It should be appreciated that an excavator is used merely as an example, and the embodiments described herein may be used with any other equipment, vehicle, machinery, or device that includes a rotating platform. When used with an excavator, the information obtained may be used in accordance with known techniques to determine a location of a bucket or implement in a real-world coordinate frame. (Column 5 lines 6-16), see also Fig 1 and Column 5 lines 17-48); and
a controller configured to provide control inputs to at least one of the one or more tracks to move the lower frame via the one or more tracks (“FIG. 1 is a simplified side view of an excavator that includes a rotating platform 11, a boom 12, a stick 16, and a bucket 20. The boom 12 is pivotally coupled to the platform 11 at a pivot point (not shown), the stick 16 is pivotally coupled to the boom 12 at a pivot point 18, and the bucket 20 is pivotally coupled to the stick 16 at a pivot point 22. Hydraulic devices 24, 26, 28 are provided to move the boom 12, the stick 16, and the bucket 20. The bucket 20 includes teeth 30 that may assist in digging. The platform 11 includes a cab 31 supported on an undercarriage 32 that may include wheels or tracks to facilitate movement of the excavator around a worksite. The platform 11 can be rotated about a generally vertical axis 35 by a hydraulic motor 33. It should be appreciated that the excavator can be used with other implements or tools besides the bucket 20 such as augers, trenchers, compactors, and the like.” (Column 5 lines 17-48), “FIG. 5 is a flowchart illustrating a method for tracking changes in the yaw and the position of center-of-rotation in accordance with an embodiment. The method may be used to track the changes between the second orientation of the platform and a subsequent third orientation of the platform. The platform may be rotated between the second and third orientations and may also be moved (e.g., tramming from one location to another). The method of FIG. 5 may be used to track the changes during or after any rotation and/or movement of the platform” (Column 9 lines 32-42)),,
wherein the additional sensor comprises a track sensor (“In another embodiment, a velocity of the excavator platform is used to determine if the excavator platform is tramming.” (Column 3 lines 37-39), “FIG. 5 is a flowchart illustrating a method for tracking changes in the yaw and the position of center-of-rotation in accordance with an embodiment. The method may be used to track the changes between the second orientation of the platform and a subsequent third orientation of the platform. The platform may be rotated between the second and third orientations and may also be moved (e.g., tramming from one location to another). The method of FIG. 5 may be used to track the changes during or after any rotation and/or movement of the platform. The input variables used to track the yaw and the position of the center-of-rotation include: ψ.sub.2 is the yaw of the platform at the second orientation; P.sub.COR is the position of the center-of-rotation at the second orientation; ω includes gyro observations at a third orientation and/or position; θ is the pitch of platform at the third orientation and/or position; φ is the roll of the platform at the third orientation and/or position; P is the horizontal position of the measurement center of the GNSS device at the third orientation and/or position; V is a linear horizontal velocity of the measurement center of the GNSS device while moving from the second orientation and/or position to the third orientation and/or position; and r is the known spatial relationship between a measurement center of the GNSS device and the center-of-rotation of the platform. The velocity (V) in conjunction with the position (P) and platform gyro data may be used to determine if the platform is moving (or tramming) from one location to another or if the only movement of the platform is rotation.” (Column 9 lines 32-67)), the actions further comprising:
receiving track data from the track sensor (“In another embodiment, a velocity of the excavator platform is used to determine if the excavator platform is tramming.” (Column 3 lines 37-39), “FIG. 5 is a flowchart illustrating a method for tracking changes in the yaw and the position of center-of-rotation in accordance with an embodiment. The method may be used to track the changes between the second orientation of the platform and a subsequent third orientation of the platform. The platform may be rotated between the second and third orientations and may also be moved (e.g., tramming from one location to another). The method of FIG. 5 may be used to track the changes during or after any rotation and/or movement of the platform. The input variables used to track the yaw and the position of the center-of-rotation include: ψ.sub.2 is the yaw of the platform at the second orientation; P.sub.COR is the position of the center-of-rotation at the second orientation; ω includes gyro observations at a third orientation and/or position; θ is the pitch of platform at the third orientation and/or position; φ is the roll of the platform at the third orientation and/or position; P is the horizontal position of the measurement center of the GNSS device at the third orientation and/or position; V is a linear horizontal velocity of the measurement center of the GNSS device while moving from the second orientation and/or position to the third orientation and/or position; and r is the known spatial relationship between a measurement center of the GNSS device and the center-of-rotation of the platform. The velocity (V) in conjunction with the position (P) and platform gyro data may be used to determine if the platform is moving (or tramming) from one location to another or if the only movement of the platform is rotation.” (Column 9 lines 32-67), see also Fig 5);
determining an estimated motion of the GNSS sensor based at least in part on the track data (“In another embodiment, a velocity of the excavator platform is used to determine if the excavator platform is tramming.” (Column 3 lines 37-39), “FIG. 5 is a flowchart illustrating a method for tracking changes in the yaw and the position of center-of-rotation in accordance with an embodiment. The method may be used to track the changes between the second orientation of the platform and a subsequent third orientation of the platform. The platform may be rotated between the second and third orientations and may also be moved (e.g., tramming from one location to another). The method of FIG. 5 may be used to track the changes during or after any rotation and/or movement of the platform. The input variables used to track the yaw and the position of the center-of-rotation include: ψ.sub.2 is the yaw of the platform at the second orientation; P.sub.COR is the position of the center-of-rotation at the second orientation; ω includes gyro observations at a third orientation and/or position; θ is the pitch of platform at the third orientation and/or position; φ is the roll of the platform at the third orientation and/or position; P is the horizontal position of the measurement center of the GNSS device at the third orientation and/or position; V is a linear horizontal velocity of the measurement center of the GNSS device while moving from the second orientation and/or position to the third orientation and/or position; and r is the known spatial relationship between a measurement center of the GNSS device and the center-of-rotation of the platform. The velocity (V) in conjunction with the position (P) and platform gyro data may be used to determine if the platform is moving (or tramming) from one location to another or if the only movement of the platform is rotation.” (Column 9 lines 32-67), ““Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32), see also Fig 5); and
comparing the first global position and the second global position to the estimated motion (“In another embodiment, a velocity of the excavator platform is used to determine if the excavator platform is tramming.” (Column 3 lines 37-39), “FIG. 5 is a flowchart illustrating a method for tracking changes in the yaw and the position of center-of-rotation in accordance with an embodiment. The method may be used to track the changes between the second orientation of the platform and a subsequent third orientation of the platform. The platform may be rotated between the second and third orientations and may also be moved (e.g., tramming from one location to another). The method of FIG. 5 may be used to track the changes during or after any rotation and/or movement of the platform. The input variables used to track the yaw and the position of the center-of-rotation include: ψ.sub.2 is the yaw of the platform at the second orientation; P.sub.COR is the position of the center-of-rotation at the second orientation; ω includes gyro observations at a third orientation and/or position; θ is the pitch of platform at the third orientation and/or position; φ is the roll of the platform at the third orientation and/or position; P is the horizontal position of the measurement center of the GNSS device at the third orientation and/or position; V is a linear horizontal velocity of the measurement center of the GNSS device while moving from the second orientation and/or position to the third orientation and/or position; and r is the known spatial relationship between a measurement center of the GNSS device and the center-of-rotation of the platform. The velocity (V) in conjunction with the position (P) and platform gyro data may be used to determine if the platform is moving (or tramming) from one location to another or if the only movement of the platform is rotation.” (Column 9 lines 32-67), ““Once the yaw and position of the center-of-rotation are determined, the platform may be rotated in any manner and changes in the yaw and center-of-rotation can be tracked. For example, if the platform is part of an excavator, the platform may be rotated during excavation processes causing changes in the yaw. The excavation processes may also cause movement of the excavator that results in changes in the position of the center-of-rotation. The excavator may also move from one location on a jobsite to another location causing changes in the position of the center-of-rotation. These changes may be tracked continuously or periodically using embodiments described herein.” (Column 9 lines 20-32), see also Fig 5),
wherein the orientation of the machine is based at least in part on an error associated with the comparing the first global position and the second global position (“The change in the yaw of the platform may be determined based on a rotation rate as the platform rotates between the first orientation and the second orientation. The change in position is based on a first position of a measurement center of the GNSS device at the first orientation and a second position of the measurement center of the GNSS device at the second orientation. The change in position may be determined from the two position measurements and not with any other position information..” (Column 7 lines 31-39), “The yaw of the platform is determined at the second orientation and a position of the center-of-rotation is determined in a global coordinate frame (608). The yaw and the position of the center-of-rotation may be determined based on the change in the pitch, the roll, and the yaw of the excavator platform, the change in position of the measurement center of the GNSS device, the second position of the measurement center of the GNSS device at the second orientation, the pitch and roll of the platform at the second orientation, and a known spatial relationship between the measurement center of the GNSS device and the center-of-rotation” (Column 11 lines 22-34); wherein the position of the vehicle is changed based on the error/change between the GNSS measurement between the first and second orientations).
In regards to claim 9, Alam discloses of the machine of claim 1, further comprising:
a tool configured to perform a grading operation (“FIG. 1 is a simplified side view of an excavator that includes a rotating platform 11, a boom 12, a stick 16, and a bucket 20. The boom 12 is pivotally coupled to the platform 11 at a pivot point (not shown), the stick 16 is pivotally coupled to the boom 12 at a pivot point 18, and the bucket 20 is pivotally coupled to the stick 16 at a pivot point 22. Hydraulic devices 24, 26, 28 are provided to move the boom 12, the stick 16, and the bucket 20. The bucket 20 includes teeth 30 that may assist in digging. The platform 11 includes a cab 31 supported on an undercarriage 32 that may include wheels or tracks to facilitate movement of the excavator around a worksite. The platform 11 can be rotated about a generally vertical axis 35 by a hydraulic motor 33. It should be appreciated that the excavator can be used with other implements or tools besides the bucket 20 such as augers, trenchers, compactors, and the like.” (Column 5 lines 17-34)), and
the actions further comprising:
controlling the tool based at least in part on the orientation of the machine (“The excavator in this example includes a controller 50 having an associated memory. The controller 50 is responsive to the IMUs for determining a position of the bucket 20 based on the angles and rotations of the bodies. The position can be determined relative to the platform 11 or relative to a point on the platform 11, or the platform 11 may include a position sensor, such as GNSS device 34, that allows the position to be determined in an external or real-world coordinate frame. As used herein, a real-world or global coordinate frame is one that is based on reference points that are external to and independent of the excavator.” (Column 5 lines 48-59), “It is often useful to determine and track position and orientation of platforms such as excavator platforms. As used herein, an excavator refers broadly to any type of construction equipment that includes a rotating platform. The rotating platform generally sits atop an undercarriage that includes tracks or wheels. Some types of construction equipment include a bucket or other implement that is coupled to the rotating platform. Both the position and orientation of the platform may be needed, for example, to determine a location of the bucket or other implement in space. This information is useful, for example, during digging processes.” (Column 1 lines 16-29), “FIG. 1 is a simplified side view of an excavator that includes a rotating platform 11, a boom 12, a stick 16, and a bucket 20. The boom 12 is pivotally coupled to the platform 11 at a pivot point (not shown), the stick 16 is pivotally coupled to the boom 12 at a pivot point 18, and the bucket 20 is pivotally coupled to the stick 16 at a pivot point 22. Hydraulic devices 24, 26, 28 are provided to move the boom 12, the stick 16, and the bucket 20. The bucket 20 includes teeth 30 that may assist in digging. The platform 11 includes a cab 31 supported on an undercarriage 32 that may include wheels or tracks to facilitate movement of the excavator around a worksite. The platform 11 can be rotated about a generally vertical axis 35 by a hydraulic motor 33. It should be appreciated that the excavator can be used with other implements or tools besides the bucket 20 such as augers, trenchers, compactors, and the like.” (Column 5 lines 17-34)).
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alam in view of Li et al. (US 10586349; hereinafter Li; already of record from IDS)
In regards to claim 6, Alam discloses of the machine of claim 4,
…
wherein the orientation of the machine is based at least in part on an error associated with the comparing the first global position and the second global position (“The change in the yaw of the platform may be determined based on a rotation rate as the platform rotates between the first orientation and the second orientation. The change in position is based on a first position of a measurement center of the GNSS device at the first orientation and a second position of the measurement center of the GNSS device at the second orientation. The change in position may be determined from the two position measurements and not with any other position information..” (Column 7 lines 31-39), “The yaw of the platform is determined at the second orientation and a position of the center-of-rotation is determined in a global coordinate frame (608). The yaw and the position of the center-of-rotation may be determined based on the change in the pitch, the roll, and the yaw of the excavator platform, the change in position of the measurement center of the GNSS device, the second position of the measurement center of the GNSS device at the second orientation, the pitch and roll of the platform at the second orientation, and a known spatial relationship between the measurement center of the GNSS device and the center-of-rotation” (Column 11 lines 22-34); wherein the position of the vehicle is changed based on the error/change between the GNSS measurement between the first and second orientations).
However, Alam does not specifically disclose of wherein the additional sensor comprises an imaging sensor or a ranging sensor, the actions further comprising:
receiving image data from the additional sensor;
determining an estimated motion of the GNSS sensor based at least in part on the image data; and
comparing the first global position and the second global position to the estimated motion.
Li, in the same field of endeavor, teaches of wherein the additional sensor comprises an imaging sensor or a ranging sensor (“In some cases, a target object might be an optical target 130 that is placed on the stick 120 or bucket 125 of the excavator 110. Examples of optical targets, some of which are well known, are prisms, discs, spheres, flags, and/or the like, which can be placed in a known position relative to a target point and may be designed to be relatively easy to acquire (e.g., visually and/or electronically) for position measurement purposes. The optical targets or other reference features may be placed in a readily identifiable pattern such as a checkerboard, a blob, and/or the like. Additionally and/or alternatively, the target object may be the stick 120, bucket 125, and/or a boundary of the stick 120 and/or bucket 125. Based on the measurement of the position of the target object and the known position of the target object relative to the target point, the position of the target point can be calculated, often automatically in software. Position and motion tracking system 100, in accordance with various embodiments, can include image sensor 105 (also referred to as camera 105) to detect (and/or collect data about the position and motion of) reference features and/or target objects.” (Column 6 lines 26-46)), the actions further comprising:
receiving image data from the additional sensor (“In some cases, a target object might be an optical target 130 that is placed on the stick 120 or bucket 125 of the excavator 110. Examples of optical targets, some of which are well known, are prisms, discs, spheres, flags, and/or the like, which can be placed in a known position relative to a target point and may be designed to be relatively easy to acquire (e.g., visually and/or electronically) for position measurement purposes. The optical targets or other reference features may be placed in a readily identifiable pattern such as a checkerboard, a blob, and/or the like. Additionally and/or alternatively, the target object may be the stick 120, bucket 125, and/or a boundary of the stick 120 and/or bucket 125. Based on the measurement of the position of the target object and the known position of the target object relative to the target point, the position of the target point can be calculated, often automatically in software. Position and motion tracking system 100, in accordance with various embodiments, can include image sensor 105 (also referred to as camera 105) to detect (and/or collect data about the position and motion of) reference features and/or target objects.” (Column 6 lines 26-46), “The image sensor of the communication device may capture at least two images of the at least one external reference feature 405 while the cabin 115 of the excavator 110 rotates from at least a first orientation (shown in FIG. 4A) to a second orientation (shown in FIG. 4B); the field of view 410 of the image sensor rotates with the cabin 115 (since the communication device is mounted in the cabin), and the position of the reference feature 405 in the field of view 410 changes correspondingly. The at least first and second images of the external references 405 may then be compared to determine the azimuth of the excavator stick (not shown) in the second position, using similar calibration and movement algorithms to those described above with regard to reach and depth.” (Column 13 lines 40-53));
determining an estimated motion of the GNSS sensor based at least in part on the image data (“In some embodiments, the communication device 100 may first be calibrated to track the position and motion of the stick 120 of the excavator 110. In order to calibrate the communication device 100, the communication device 100 may determine the orientation of the image sensor 105 to the ground and the excavator stick 120 and/or reference features 130 may be placed in an initial reference position (e.g., where the position of a feature of interest (such as the tip of one of the teeth on the bucket, an optical target on the stick, etc.) is sitting at ground level (or a known height above ground level), at a known distance from the mobile device, cabin, or the like), or where such a feature of interest is at a known position relative to a local or global coordinate scale). The initial reference position may also include a known rotary position of the excavator bucket 125.” (Column 10 lines 27-41), “The orientation of the stick may comprise a reach, a depth, and/or an azimuth relative to a known point and/or relative to a local or global coordinate system. Then, at least one additional orientation of the stick may be determined by comparing the additional image of the orientation of the stick of the excavator relative to the reference orientation of the stick of the excavator from the reference image. Additionally, at least one additional orientation of the stick may be determined by comparing orientations of the one or more reference features in the additional image with orientations of the one or more reference features in the reference image. The orientations of the reference features may comprise at least one of positions of the one or more reference features on the stick of the excavator and/or attitudes of the one or more reference features.” (Column 3 lines 11-25), “The communication device 100 may further include a position sensor 515, which might be a global navigation satellite system (“GNSS”) sensor, such as a global positioning system (“GPS”) sensor or the like. The position sensor 515 can be used to determine a position of the device 100 according to a global or local coordinate system (e.g., latitude/longitude, GPS coordinates, etc.), which can then be used to derive a position of the stick/bucket relative to the same coordinate system (e.g., by performing vector algebra between the position of the device 100 and the position of the stick/bucket relative the device).” (Column 15 lines 19-29)); and
comparing the first global position and the second global position to the estimated motion (“In some embodiments, the communication device 100 may first be calibrated to track the position and motion of the stick 120 of the excavator 110. In order to calibrate the communication device 100, the communication device 100 may determine the orientation of the image sensor 105 to the ground and the excavator stick 120 and/or reference features 130 may be placed in an initial reference position (e.g., where the position of a feature of interest (such as the tip of one of the teeth on the bucket, an optical target on the stick, etc.) is sitting at ground level (or a known height above ground level), at a known distance from the mobile device, cabin, or the like), or where such a feature of interest is at a known position relative to a local or global coordinate scale). The initial reference position may also include a known rotary position of the excavator bucket 125.” (Column 10 lines 27-41), “The orientation of the stick may comprise a reach, a depth, and/or an azimuth relative to a known point and/or relative to a local or global coordinate system. Then, at least one additional orientation of the stick may be determined by comparing the additional image of the orientation of the stick of the excavator relative to the reference orientation of the stick of the excavator from the reference image. Additionally, at least one additional orientation of the stick may be determined by comparing orientations of the one or more reference features in the additional image with orientations of the one or more reference features in the reference image. The orientations of the reference features may comprise at least one of positions of the one or more reference features on the stick of the excavator and/or attitudes of the one or more reference features.” (Column 3 lines 11-25), “The communication device 100 may further include a position sensor 515, which might be a global navigation satellite system (“GNSS”) sensor, such as a global positioning system (“GPS”) sensor or the like. The position sensor 515 can be used to determine a position of the device 100 according to a global or local coordinate system (e.g., latitude/longitude, GPS coordinates, etc.), which can then be used to derive a position of the stick/bucket relative to the same coordinate system (e.g., by performing vector algebra between the position of the device 100 and the position of the stick/bucket relative the device).” (Column 15 lines 19-29)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the additional sensor, as taught by Alam, to include being an imaging sensor that is used to determine an estimated motion of the GNSS sensor, as taught by Li, with a reasonable expectation of success in order to track the orientation and motion of the machine (Li Column 5 lines 51-57).
In regards to claim 7, Alam in view of Li teaches of the machine of claim 6, wherein:
the image data comprises a first image associated with the first time and a second image associated with the second time (“The orientation of the stick may comprise a reach, a depth, and/or an azimuth relative to a known point and/or relative to a local or global coordinate system. Then, at least one additional orientation of the stick may be determined by comparing the additional image of the orientation of the stick of the excavator relative to the reference orientation of the stick of the excavator from the reference image. Additionally, at least one additional orientation of the stick may be determined by comparing orientations of the one or more reference features in the additional image with orientations of the one or more reference features in the reference image. The orientations of the reference features may comprise at least one of positions of the one or more reference features on the stick of the excavator and/or attitudes of the one or more reference features.” (Li Column 3 lines 11-25), “The second orientation of the stick of the excavator may be obtained by comparing the second image of the excavator stick with the reference image (i.e., the projections of the known target pattern in the image plane) of the excavator stick and determining the second orientation of the stick relative to the reference image orientation of the stick of the excavator. Further, the second orientation of the stick may be further refined by incorporating the orientations of the one or more reference features in the second image with the corresponding orientations and/or positions of the one or more reference features in the reference image. The orientations may comprise positions and/or orientations of the one or more reference features in the respective images with respective to the camera.” (Li Column 22 lines 50-63), the actions further comprising:
identifying a feature in the first image (“The orientation of the stick may comprise a reach, a depth, and/or an azimuth relative to a known point and/or relative to a local or global coordinate system. Then, at least one additional orientation of the stick may be determined by comparing the additional image of the orientation of the stick of the excavator relative to the reference orientation of the stick of the excavator from the reference image. Additionally, at least one additional orientation of the stick may be determined by comparing orientations of the one or more reference features in the additional image with orientations of the one or more reference features in the reference image. The orientations of the reference features may comprise at least one of positions of the one or more reference features on the stick of the excavator and/or attitudes of the one or more reference features.” (Li Column 3 lines 11-25), “The second orientation of the stick of the excavator may be obtained by comparing the second image of the excavator stick with the reference image (i.e., the projections of the known target pattern in the image plane) of the excavator stick and determining the second orientation of the stick relative to the reference image orientation of the stick of the excavator. Further, the second orientation of the stick may be further refined by incorporating the orientations of the one or more reference features in the second image with the corresponding orientations and/or positions of the one or more reference features in the reference image. The orientations may comprise positions and/or orientations of the one or more reference features in the respective images with respective to the camera.” (Li Column 22 lines 50-63);
identifying the feature in the second image(“The orientation of the stick may comprise a reach, a depth, and/or an azimuth relative to a known point and/or relative to a local or global coordinate system. Then, at least one additional orientation of the stick may be determined by comparing the additional image of the orientation of the stick of the excavator relative to the reference orientation of the stick of the excavator from the reference image. Additionally, at least one additional orientation of the stick may be determined by comparing orientations of the one or more reference features in the additional image with orientations of the one or more reference features in the reference image. The orientations of the reference features may comprise at least one of positions of the one or more reference features on the stick of the excavator and/or attitudes of the one or more reference features.” (Li Column 3 lines 11-25), “The second orientation of the stick of the excavator may be obtained by comparing the second image of the excavator stick with the reference image (i.e., the projections of the known target pattern in the image plane) of the excavator stick and determining the second orientation of the stick relative to the reference image orientation of the stick of the excavator. Further, the second orientation of the stick may be further refined by incorporating the orientations of the one or more reference features in the second image with the corresponding orientations and/or positions of the one or more reference features in the reference image. The orientations may comprise positions and/or orientations of the one or more reference features in the respective images with respective to the camera.” (Li Column 22 lines 50-63); and
determining the estimated motion based at least in part on a positional change of the feature between the first image and the second image (“The orientation of the stick may comprise a reach, a depth, and/or an azimuth relative to a known point and/or relative to a local or global coordinate system. Then, at least one additional orientation of the stick may be determined by comparing the additional image of the orientation of the stick of the excavator relative to the reference orientation of the stick of the excavator from the reference image. Additionally, at least one additional orientation of the stick may be determined by comparing orientations of the one or more reference features in the additional image with orientations of the one or more reference features in the reference image. The orientations of the reference features may comprise at least one of positions of the one or more reference features on the stick of the excavator and/or attitudes of the one or more reference features.” (Li Column 3 lines 11-25), “The second orientation of the stick of the excavator may be obtained by comparing the second image of the excavator stick with the reference image (i.e., the projections of the known target pattern in the image plane) of the excavator stick and determining the second orientation of the stick relative to the reference image orientation of the stick of the excavator. Further, the second orientation of the stick may be further refined by incorporating the orientations of the one or more reference features in the second image with the corresponding orientations and/or positions of the one or more reference features in the reference image. The orientations may comprise positions and/or orientations of the one or more reference features in the respective images with respective to the camera.” (Li Column 22 lines 50-63), “Alternatively and/or additionally, FIG. 9 illustrates a method 900 for determining a change in an azimuth from the communication device of the stick of the excavator. The method 900 can comprise capturing a reference image of at least one external reference feature (e.g., as shown in FIGS. 4A and 4B) (block 905). The external reference features may be in a known and fixed position on the site and can be any of a number of objects (many of which are described above), so long as the external reference features are identifiable by the system in images captured by the image sensor. The excavator may adjust its position (e.g., by rotating, etc.), and at least one additional image of the at least one external reference feature may be captured (block 910). The position (e.g., pixel coordinate) of the at least one external reference feature in the reference image may be compared with the position (e.g., pixel coordinate) of the at least one external reference feature in the second image (block 915) to determine the azimuth to the stick of the excavator (block 920) in the second position/image relative to the original azimuth of the stick in the first image. If the azimuth to the stick in the original position is known (for example, based on compass data, azimuth data input by the user and stored, etc.), the real azimuth to the stick in the second position can be determined, and from that azimuth and the determined reach, the orientation of the stick relative to a local or global coordinate system can be determined (block 925), as noted above.” (Li Column 23 line 51 - Column 24 line 9).
The motivation for combining Alam and Li is the same as that recited for claim 6 above.
In regards to claim 8, Alam in view of Li teaches of the machine of claim 1, the actions further comprising:
determining an uncertainty associated with the orientation of the machine (“In like fashion, FIG. 11 illustrates a method 1100 of calculating the estimation error of the accelerometer of the communication device. In accordance with the method 1100, first accelerometer data can be captured as described above. In addition, the system might capture additional accelerometer data (block 1105). An accelerometer estimation error may be calculated by comparing the determined accelerometer value from the first accelerometer data with the second determined accelerometer value from the second accelerometer data and calculating the error between the two values (block 1110). Next, the method 1100 may comprise determining whether the estimated error of the accelerometer exceeds a specified threshold (block 1115), typically within one to two degrees. If the estimated error exceeds the specified threshold, the process can repeat from block 1105 (as illustrated by the arrow on FIG. 11). The capturing of additional accelerometer data may be repeated until the accelerometer estimation error no longer exceeds the specified threshold; once the estimation error no longer exceeds the specified threshold, the communication device may be calibrated based on some or all of the captured data from the accelerometer (block 1120). For example, as noted above with respect to the estimation error, if one accelerometer data set is a clear source of error, that set can be excluded, and the remaining sets can be used to calibrate the device.” (Column 24 line 46 - Column 25 line 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the determination of the orientation of the machine, as taught by Alam, to include determining an uncertainty of the orientation, as taught by Li, with a reasonable expectation of success in order to determine if the sensor measurements need to be calibrated or excluded (Li Column 24 line 46 - Column 25 line 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hageman et al. (US 20200040555) discloses of determining a rotation of the excavator at each degree of movement.
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/KYLE J KINGSLAND/ Primary Examiner, Art Unit 3663
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