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 .
This is a Final Office Action on the merits. Claims 1-3 and 5-9 are currently pending and are addressed below.
Response to Amendment
The specification was objected to due to minor informalities. Applicant amended the specification accordingly; therefore, the specification objection is withdrawn.
Claim 2 was objected to for minor informalities. Applicant amended the claim accordingly; therefore, the objection is withdrawn.
Claims 1-7 were rejected under 35 U.S.C. 112 as being indefinite. Applicant amended claim 1 accordingly; therefore, the rejection is withdrawn.
Response to Arguments
Applicant’s arguments on pages 9-10 of the response, with respect to the rejection(s) of claim(s) 1-2, 5, and 7-9 under 35 U.S.C. 102 and claim(s) 3-4 and 6 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mizoguchi.
Claim Objections
Claim 9 objected to because of the following informalities:
Claim 9 recites “receiving, by the work vehicle based on a first operation performed by a remote operation device, an instruction for a turning direction for a vehicle main-body”. The claim does not appear to clearly link the vehicle main-body to the work vehicle, but the claim appears to suggest that the vehicle main-body is part of the work vehicle (e.g., “…execute operations for automated traveling in a work vehicle…” and “…causing the vehicle main-body to start turning…”). Examiner respectfully recommends adding claim language that links the vehicle main-body to the work vehicle to ensure clarity.
Appropriate correction is required.
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:
the notification portion in claim 4 (See [0058] of the instant specification for corresponding structure):
“…that gives notification in response to the first operation”
the switching operation portion in claim 7 (See [0057] of the instant specification for corresponding structure):
“…that switches between enabling and disabling of the automated turning function”
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 § 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) 1-2, 5, and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishii of US 20220269278 A1, published 08/25/2022, hereinafter “Nishii”, in view of Mizoguchi of US 20230176571 A1, published 06/08/2023, hereinafter “Mizoguchi”.
Regarding claim 1, Nishii teaches:
A work vehicle comprising: a vehicle main-body capable of automated traveling in which at least steering is automated; and (See at least [0039]: “As illustrated in FIG. 1 and FIG. 2, the automatic traveling system includes an automatic traveling unit 2 mounted on the tractor 1…” & [0053]: “The automatic travel control includes automatic transmission control for automatically controlling an operation of the transmission 13, automatic braking control for automatically controlling an operation of the brake operation mechanism 15, automatic steering control for automatically steering the left and right front wheels 5, automatic control for work for automatically controlling an operation of the work device 12, such as a rotary tilling device, or the like.”)
a remote operation device that operates the vehicle main-body to cause the automated traveling, wherein the remote operation device is configured to operate by performing: (See at least [0117]: “…As illustrated in FIG. 11 and FIG. 13, a remote controller 200 that can be carried by a user or the like is provided as the reference point setting operation section 57. The remote controller 200 is configured to freely communicate various types of information with the in-vehicle electronic control unit 18 of the tractor 1 via communication modules 25 and 206 and the like…” & [0125]: “In a case where automatic traveling is performed, the operation section 204 for AUTO of the remote controller 200 is operated in a state where various automatic travelling start conditions are satisfied, and thus, the in-vehicle electronic control unit 18 performs automatic travel control in which the tractor 1 is caused to automatically travel along the target travel path P.”)
a first operation of instructing the vehicle main-body to turn according to a turning direction; and (See at least Fig. 12, [0119-0120]: “…when the operation section 201 for the point A of the remote controller 200 is operated, the reference point setting section 56 acquires the position information (position information of the tractor 1) of the positioning unit 21 at an operation point to set the point A (a point determined by the latitude and the longitude) in the work area R. Similarly, for the point B and the point C, the reference point setting section 56 also sets the point B and the point C (points determined by the latitude and the longitude), based on an operation of the operation section 202 for the point B of the remote controller 200 and an operation of the operation section 203 for the point C of the remote controller 200…When the reference point setting section 56 sets the point A to the point C in the work area R, based on the operation of the remote controller 200 or the detection information of the behavior state detection section 27, the travel path generation section 54 generates the target travel path P, based on the point A to the point C” & [0124]: “As described above, the travel path generation section 54 generates the plurality of parallel paths P2 and the plurality of connecting paths P3, so that the target travel path P on which the tractor 1 performs a predetermined work while traveling back and forth on the plurality of parallel paths P2 can be generated. Therefore, even when the user or the like does not perform the input work for various types of information, such as the type, the width, or the like of the work device 12, the target travel path P can be generated only by registering the point A to the point C.” See also [0084] regarding transferring path information to the tractor when the travel path generation section generates the target travel path P.)
a second operation subsequent to the first operation, (See at least Figs. 12-13 & [0125]: “In a case where automatic traveling is performed, the operation section 204 for AUTO of the remote controller 200 is operated in a state where various automatic travelling start conditions are satisfied, and thus, the in-vehicle electronic control unit 18 performs automatic travel control in which the tractor 1 is caused to automatically travel along the target travel path P…When the operation section 204 for AUTO of the remote controller 200 is operated after traveling of the tractor 1 is stopped at the end position P2b of the parallel path P2, the in-vehicle electronic control unit 18 causes the tractor 1 to automatically turn along each of the plurality of connecting paths P3 without performing the work by the work device 12.”)
wherein the vehicle main-body includes a notification portion that provides notification (See at least [0128]: “Also in the second embodiment, in a case where automatic traveling is performed, similar to the first embodiment, in order to prevent the tractor 1 from jumping out of the work area R, the user or the like is notified of the approach state where the tractor 1 has come close to an end of the work area R or the like. As illustrated in FIG. 12, the notification position specification section 59 specifies the end position P2b on the parallel path P2 as the notification position, based on the position information of the point A and the point B. Since the notification position specification section 59 specifies the notification position, in automatic travel control in which the tractor 1 is caused to automatically travel along the parallel path P2, when the end notification control section 186 determines that the current position of the tractor 1 has reached the notification position (for example, the end position P2b), the notification device 26 is operated to perform end notification and thus notifies the user or the like of the approach state where the tractor 1 has come close to an end of the work area R or the like.”)
Nishii does not explicitly teach:
…in response to the remote operation device performing the first operation.
Mizoguchi teaches:
…in response to the remote operation device performing the first operation. (See at least [0082]: “In addition, the remote control value generator 6 according to the example embodiment may generate, in addition to these control amounts to be used to directly control the traveling itself of the vehicle 2, a remote control value to be used to control a lighting state of an exterior lamp such as a turn signal lamp to enhance safety of the traveling of the vehicle 2. The exterior lamp such as the turn signal lamp may be controlled from an off state to an on state or a blinking state in, for example, a case where the vehicle 2 makes a right or left turn and a case where the vehicle 2 decelerates to stop”, [0116]: “For example, in a case where a remote control value for blinking of the exterior lamp has been received from the remote control apparatus 4, together with the steering amount and the acceleration or deceleration control amount to be used to control the traveling itself of the vehicle 2, the traveling control ECU 24 is able to easily estimate a course of a right turn or a left turn at an intersection. For example, it can be unclear, from only the traveling control information indicating that the own vehicle is decelerating at a place such as before an intersection, whether the own vehicle is thereafter about to travel straight through the intersection or is about to make a right turn or a left turn. In a case of making a right turn or a left turn at the intersection, the vehicle 2 may have to execute control of blinking the turn signal lamp on a turning side” & [0129]: “Step ST24 may be a step of acquiring the remote control value. The server CPU 15 may acquire, from the remote control value generator 6, the remote control value generated by the remote control value generator 6. The remote control value generated by the remote control value generator 6 may include the steering amount that may be received by the steering ECU 22 of the vehicle 2 to be used to control the steering of the vehicle 2. The remote control value may also include, for example, the acceleration or deceleration control amount that may be received by the driving ECU 21 or the braking ECU 23 to be used to control the acceleration or deceleration of the vehicle 2, and the remote control value to be used to control the lighting state of the exterior lamp such as the turn signal lamp of the vehicle 2.”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Nishii’s vehicle with Mizoguchi’s technique of controlling the lighting state of a turn signal lamp when the vehicle is controlled to make a right or left turn. Doing so would be obvious “to easily estimate a course of a right turn or a left turn at an intersection” and “to reliably estimate whether the own vehicle is about to travel straight through the intersection or is about to make a right turn or a left turn” (See [0116] of Mizoguchi).
Regarding claim 2, Nishii and Mizoguchi in combination teach all the limitations of claim 1 as discussed above.
Nishii additionally teaches:
further comprising: a control device that switches between an automated traveling mode in which the automated traveling is performed and a manual traveling mode in which the work vehicle travels by a manual operation, (See at least [0060]: “…As for switching between the manual traveling state and the automatic traveling state, for example, a switching operation unit used for switching between the automatic traveling state and the manual traveling state from one to another can be provided in vicinity of the driver's seat 39…”)
wherein, in a case where the automated traveling mode is selected by the control device, when the first operation and the second operation are performed, the vehicle main-body starts turning according to the turning direction to perform the automated traveling. (See at least [0125]: “In a case where automatic traveling is performed, the operation section 204 for AUTO of the remote controller 200 is operated in a state where various automatic travelling start conditions are satisfied, and thus, the in-vehicle electronic control unit 18 performs automatic travel control in which the tractor 1 is caused to automatically travel along the target travel path P…When the operation section 204 for AUTO of the remote controller 200 is operated after traveling of the tractor 1 is stopped at the end position P2b of the parallel path P2, the in-vehicle electronic control unit 18 causes the tractor 1 to automatically turn along each of the plurality of connecting paths P3 without performing the work by the work device 12.” See also [0119-0120] regarding setting the reference points A through C and [0124] regarding generating the target travel path P.)
Regarding claim 5, Nishii and Mizoguchi in combination teach all the limitations of claim 1 as discussed above.
Nishii additionally teaches:
wherein: the automated traveling is based on an automated turning function for causing the vehicle main-body to turn according to the turning direction, wherein the automated turning function is capable of switching between enabling and disabling; and (See at least [0125]: “…When the operation section 204 for AUTO of the remote controller 200 is operated after traveling of the tractor 1 is stopped at the end position P2b of the parallel path P2, the in-vehicle electronic control unit 18 causes the tractor 1 to automatically turn along each of the plurality of connecting paths P3 without performing the work by the work device 12.”)
an operation performed by the vehicle main-body after the first operation performed by the remote operation device is different depending on whether the automated turning function is enabled or disabled. (See at least [0126]: “As described above, in automatic travel control, traveling of the tractor 1 is stopped at the end position P2b of the parallel path P2, and therefore, unless the operation section 204 for AUTO of the remote controller 200 is not operated again, automatic traveling on the connecting path P3 is not performed. Therefore, in a case where there is a possibility that the tractor 1 approaches an end of the work area R and jumps out of the work area R, the user or the like does not perform an operation of the operation section 204 for AUTO of the remote controller 200, and thus, it is possible to prevent the tractor 1 from jumping out of the work area R. Thus, as illustrated in FIG. 12, even when the target travel path P is also generated outside the work area R, automatic traveling can be performed without the tractor 1 jumping out of the work area R.”)
Regarding claim 7, Nishii and Mizoguchi in combination teach all the limitations of claim 5 as discussed above.
Nishii additionally teaches:
wherein the vehicle main-body includes a switching operation portion that switches between enabling and disabling of the automated turning function. (See at least [0060]: “…As for switching between the manual traveling state and the automatic traveling state, for example, a switching operation unit used for switching between the automatic traveling state and the manual traveling state from one to another can be provided in vicinity of the driver's seat 39…”)
Regarding claim 8, Nishii teaches:
An automated traveling method for a work vehicle that performs an operation of a vehicle main-body based on operations performed by a remote operation device, comprising: (See at least [0039]: “As illustrated in FIG. 1 and FIG. 2, the automatic traveling system includes an automatic traveling unit 2 mounted on the tractor 1…” & [0117]: “…As illustrated in FIG. 11 and FIG. 13, a remote controller 200 that can be carried by a user or the like is provided as the reference point setting operation section 57. The remote controller 200 is configured to freely communicate various types of information with the in-vehicle electronic control unit 18 of the tractor 1 via communication modules 25 and 206 and the like…”)
receiving, by the work vehicle based on a first operation performed by the remote operation device, an instruction for a turning direction for the vehicle main-body; and (See at least Fig. 12, [0119-0120]: “…when the operation section 201 for the point A of the remote controller 200 is operated, the reference point setting section 56 acquires the position information (position information of the tractor 1) of the positioning unit 21 at an operation point to set the point A (a point determined by the latitude and the longitude) in the work area R. Similarly, for the point B and the point C, the reference point setting section 56 also sets the point B and the point C (points determined by the latitude and the longitude), based on an operation of the operation section 202 for the point B of the remote controller 200 and an operation of the operation section 203 for the point C of the remote controller 200…When the reference point setting section 56 sets the point A to the point C in the work area R, based on the operation of the remote controller 200 or the detection information of the behavior state detection section 27, the travel path generation section 54 generates the target travel path P, based on the point A to the point C” & [0124]: “As described above, the travel path generation section 54 generates the plurality of parallel paths P2 and the plurality of connecting paths P3, so that the target travel path P on which the tractor 1 performs a predetermined work while traveling back and forth on the plurality of parallel paths P2 can be generated. Therefore, even when the user or the like does not perform the input work for various types of information, such as the type, the width, or the like of the work device 12, the target travel path P can be generated only by registering the point A to the point C.” See also [0084] regarding transferring path information to the tractor when the travel path generation section generates the target travel path P.)
causing the vehicle main-body to start turning by the automated traveling by a second operation subsequent to the first operation performed by the remote operation device, (See at least Figs. 12-13 & [0125]: “In a case where automatic traveling is performed, the operation section 204 for AUTO of the remote controller 200 is operated in a state where various automatic travelling start conditions are satisfied, and thus, the in-vehicle electronic control unit 18 performs automatic travel control in which the tractor 1 is caused to automatically travel along the target travel path P…When the operation section 204 for AUTO of the remote controller 200 is operated after traveling of the tractor 1 is stopped at the end position P2b of the parallel path P2, the in-vehicle electronic control unit 18 causes the tractor 1 to automatically turn along each of the plurality of connecting paths P3 without performing the work by the work device 12.”)
wherein the vehicle main-body includes a notification portion that provides notification (See at least [0128]: “Also in the second embodiment, in a case where automatic traveling is performed, similar to the first embodiment, in order to prevent the tractor 1 from jumping out of the work area R, the user or the like is notified of the approach state where the tractor 1 has come close to an end of the work area R or the like. As illustrated in FIG. 12, the notification position specification section 59 specifies the end position P2b on the parallel path P2 as the notification position, based on the position information of the point A and the point B. Since the notification position specification section 59 specifies the notification position, in automatic travel control in which the tractor 1 is caused to automatically travel along the parallel path P2, when the end notification control section 186 determines that the current position of the tractor 1 has reached the notification position (for example, the end position P2b), the notification device 26 is operated to perform end notification and thus notifies the user or the like of the approach state where the tractor 1 has come close to an end of the work area R or the like.”)
Nishii does not explicitly teach:
…in response to the remote operation device performing the first operation.
Mizoguchi teaches:
in response to the remote operation device performing the first operation. (See at least [0082]: “In addition, the remote control value generator 6 according to the example embodiment may generate, in addition to these control amounts to be used to directly control the traveling itself of the vehicle 2, a remote control value to be used to control a lighting state of an exterior lamp such as a turn signal lamp to enhance safety of the traveling of the vehicle 2. The exterior lamp such as the turn signal lamp may be controlled from an off state to an on state or a blinking state in, for example, a case where the vehicle 2 makes a right or left turn and a case where the vehicle 2 decelerates to stop”, [0116]: “For example, in a case where a remote control value for blinking of the exterior lamp has been received from the remote control apparatus 4, together with the steering amount and the acceleration or deceleration control amount to be used to control the traveling itself of the vehicle 2, the traveling control ECU 24 is able to easily estimate a course of a right turn or a left turn at an intersection. For example, it can be unclear, from only the traveling control information indicating that the own vehicle is decelerating at a place such as before an intersection, whether the own vehicle is thereafter about to travel straight through the intersection or is about to make a right turn or a left turn. In a case of making a right turn or a left turn at the intersection, the vehicle 2 may have to execute control of blinking the turn signal lamp on a turning side” & [0129]: “Step ST24 may be a step of acquiring the remote control value. The server CPU 15 may acquire, from the remote control value generator 6, the remote control value generated by the remote control value generator 6. The remote control value generated by the remote control value generator 6 may include the steering amount that may be received by the steering ECU 22 of the vehicle 2 to be used to control the steering of the vehicle 2. The remote control value may also include, for example, the acceleration or deceleration control amount that may be received by the driving ECU 21 or the braking ECU 23 to be used to control the acceleration or deceleration of the vehicle 2, and the remote control value to be used to control the lighting state of the exterior lamp such as the turn signal lamp of the vehicle 2.”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Nishii’s vehicle with Mizoguchi’s technique of controlling the lighting state of a turn signal lamp when the vehicle is controlled to make a right or left turn. Doing so would be obvious “to easily estimate a course of a right turn or a left turn at an intersection” and “to reliably estimate whether the own vehicle is about to travel straight through the intersection or is about to make a right turn or a left turn” (See [0116] of Mizoguchi).
Regarding claim 9, Nishii teaches:
A non-transitory, computer-readable medium storing processor-executable code, which when executed by one or more processors, causes the one or more processors to execute operations for automated traveling in a work vehicle, the operations comprising: (See at least Fig. 2, [0039]: “As illustrated in FIG. 1 and FIG. 2, the automatic traveling system includes an automatic traveling unit 2 mounted on the tractor 1…” & [0117]: “…As illustrated in FIG. 11 and FIG. 13, a remote controller 200 that can be carried by a user or the like is provided as the reference point setting operation section 57. The remote controller 200 is configured to freely communicate various types of information with the in-vehicle electronic control unit 18 of the tractor 1 via communication modules 25 and 206 and the like…”. See also [0049].)
receiving, by the work vehicle based on a first operation performed by a remote operation device, an instruction for a turning direction for a vehicle main-body; and (See at least Figs. 12-13 & [0119-0120]: “…when the operation section 201 for the point A of the remote controller 200 is operated, the reference point setting section 56 acquires the position information (position information of the tractor 1) of the positioning unit 21 at an operation point to set the point A (a point determined by the latitude and the longitude) in the work area R. Similarly, for the point B and the point C, the reference point setting section 56 also sets the point B and the point C (points determined by the latitude and the longitude), based on an operation of the operation section 202 for the point B of the remote controller 200 and an operation of the operation section 203 for the point C of the remote controller 200…When the reference point setting section 56 sets the point A to the point C in the work area R, based on the operation of the remote controller 200 or the detection information of the behavior state detection section 27, the travel path generation section 54 generates the target travel path P, based on the point A to the point C.” See also [0083] regarding generating connecting paths P3 by registering points A through C.)
causing the vehicle main-body to start turning by the automated traveling by a second operation subsequent to the first operation performed by the remote operation device, (See at least Figs. 12-13 & [0125]: “In a case where automatic traveling is performed, the operation section 204 for AUTO of the remote controller 200 is operated in a state where various automatic travelling start conditions are satisfied, and thus, the in-vehicle electronic control unit 18 performs automatic travel control in which the tractor 1 is caused to automatically travel along the target travel path P…When the operation section 204 for AUTO of the remote controller 200 is operated after traveling of the tractor 1 is stopped at the end position P2b of the parallel path P2, the in-vehicle electronic control unit 18 causes the tractor 1 to automatically turn along each of the plurality of connecting paths P3 without performing the work by the work device 12.”)
wherein the vehicle main-body includes a notification portion that provides notification(See at least [0128]: “Also in the second embodiment, in a case where automatic traveling is performed, similar to the first embodiment, in order to prevent the tractor 1 from jumping out of the work area R, the user or the like is notified of the approach state where the tractor 1 has come close to an end of the work area R or the like. As illustrated in FIG. 12, the notification position specification section 59 specifies the end position P2b on the parallel path P2 as the notification position, based on the position information of the point A and the point B. Since the notification position specification section 59 specifies the notification position, in automatic travel control in which the tractor 1 is caused to automatically travel along the parallel path P2, when the end notification control section 186 determines that the current position of the tractor 1 has reached the notification position (for example, the end position P2b), the notification device 26 is operated to perform end notification and thus notifies the user or the like of the approach state where the tractor 1 has come close to an end of the work area R or the like.”)
Nishii does not explicitly teach:
…in response to the remote operation device performing the first operation.
Mizoguchi teaches:
…in response to the remote operation device performing the first operation. (See at least [0082]: “In addition, the remote control value generator 6 according to the example embodiment may generate, in addition to these control amounts to be used to directly control the traveling itself of the vehicle 2, a remote control value to be used to control a lighting state of an exterior lamp such as a turn signal lamp to enhance safety of the traveling of the vehicle 2. The exterior lamp such as the turn signal lamp may be controlled from an off state to an on state or a blinking state in, for example, a case where the vehicle 2 makes a right or left turn and a case where the vehicle 2 decelerates to stop”, [0116]: “For example, in a case where a remote control value for blinking of the exterior lamp has been received from the remote control apparatus 4, together with the steering amount and the acceleration or deceleration control amount to be used to control the traveling itself of the vehicle 2, the traveling control ECU 24 is able to easily estimate a course of a right turn or a left turn at an intersection. For example, it can be unclear, from only the traveling control information indicating that the own vehicle is decelerating at a place such as before an intersection, whether the own vehicle is thereafter about to travel straight through the intersection or is about to make a right turn or a left turn. In a case of making a right turn or a left turn at the intersection, the vehicle 2 may have to execute control of blinking the turn signal lamp on a turning side” & [0129]: “Step ST24 may be a step of acquiring the remote control value. The server CPU 15 may acquire, from the remote control value generator 6, the remote control value generated by the remote control value generator 6. The remote control value generated by the remote control value generator 6 may include the steering amount that may be received by the steering ECU 22 of the vehicle 2 to be used to control the steering of the vehicle 2. The remote control value may also include, for example, the acceleration or deceleration control amount that may be received by the driving ECU 21 or the braking ECU 23 to be used to control the acceleration or deceleration of the vehicle 2, and the remote control value to be used to control the lighting state of the exterior lamp such as the turn signal lamp of the vehicle 2.”)
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Nishii’s vehicle with Mizoguchi’s technique of controlling the lighting state of a turn signal lamp when the vehicle is controlled to make a right or left turn. Doing so would be obvious “to easily estimate a course of a right turn or a left turn at an intersection” and “to reliably estimate whether the own vehicle is about to travel straight through the intersection or is about to make a right turn or a left turn” (See [0116] of Mizoguchi).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishii in view of Mizoguchi and further in view of Carlsson of US 20110282519 A1, published 11/17/2011, hereinafter “Carlsson”.
Regarding claim 3, Nishii and Mizoguchi in combination teach all the limitations of claim 1 as discussed above.
Nishii additionally teaches:
wherein the remote operation device includes: an operation switch that performs the first operation; and an operation switch that performs the second operation. (See at least Fig. 13 & [0117]: “…As illustrated in FIG. 13, the remote controller 200 includes an operation section 201 for the point A used for registering the point A, an operation section 202 for the point B used for registering the point B, an operation section 203 for the point C used for registering the point C, and a circular-shaped operation section 204 for AUTO used for instructing the automatic traveling…”)
However, Nishii and Mizoguchi in combination do not explicitly teach an operation lever that performs the first operation, only an operation “section” displayed on the remote controller, as discussed above.
Carlsson teaches causing a vehicle to move in various directions using a remote control that includes a control stick (i.e., a lever) (See at least Fig. 3 & [0019-0020]).
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it an obvious design choice to combine the teachings of Nishii and Mizoguchi’s vehicle with Carlsson’s lever. Doing so would be obvious so “the machine can be fully operated using only one control stick, i.e. one hand” (See [0009] of Carlsson).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishii in view of Mizoguchi and further in view of Fujimoto of JP 2023115391 A, published 08/18/2023, hereinafter “Fujimoto”.
Regarding claim 6, Nishii and Mizoguchi in combination teach all the limitations of claim 5 as discussed above.
Nishii additionally teaches:
wherein: in a case where the automated turning function is enabled, when the first operation and the second operation are performed by the remote operation device, the vehicle main-body starts turning to perform the automated traveling; and (See at least [0125]: “In a case where automatic traveling is performed, the operation section 204 for AUTO of the remote controller 200 is operated in a state where various automatic travelling start conditions are satisfied, and thus, the in-vehicle electronic control unit 18 performs automatic travel control in which the tractor 1 is caused to automatically travel along the target travel path P…When the operation section 204 for AUTO of the remote controller 200 is operated after traveling of the tractor 1 is stopped at the end position P2b of the parallel path P2, the in-vehicle electronic control unit 18 causes the tractor 1 to automatically turn along each of the plurality of connecting paths P3 without performing the work by the work device 12.” See also [0119-0120] regarding setting the reference points A through C.)
Nishii and Mizoguchi in combination do not explicitly teach:
in a case where the automated turning function is disabled, the vehicle main-body shifts from an automated traveling mode in which the automated traveling is performed to a manual-traveling mode in response to the first operation and makes a turn in accordance with the first operation.
However, Fujimoto teaches switching to a manual driving mode when no operation signals are received for a period of time while in remote operation mode and an automatic turning switch that enables or disables automatic turning when the vehicle is in manual driving mode (See at least [0066], [0090] & [0092]). Since the manual driving mode allows the operator to steer the vehicle and automatic turning in manual driving mode can be disabled, the teachings of Fujimoto render obvious the vehicle shifting from an automated traveling mode to a manual-traveling mode by the first operation and making a turn in accordance with the first operation, which “helps prevent accidental operation” (See [0150] of Fujimoto).
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to combine Nishii and Mizoguchi’s vehicle with Fujimoto’s technique of in a case where the automated turning function is disabled, the vehicle main-body shifts from an automated traveling mode in which the automated traveling is performed to a manual-traveling mode by the first operation and makes a turn in accordance with the first operation. Doing so would be obvious to “prevent accidental operation” and “prevent prolonged use of remote control mode, thereby improving safety” (See [0090] & [0150] of Fujimoto).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/NIKKI MARIE M MOLINA/Examiner, Art Unit 3662
/ANISS CHAD/Supervisory Patent Examiner, Art Unit 3662
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