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 non-final office action on the merits. Claims 1-11 are currently pending and are addressed below.
The examiner notes that the fundamentals of the rejection are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/05/2025 is 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 § 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.
Claims 1, 6, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zachman Mark et al. (US20080000659A1), hereinafter referred to as Mark, in view of Lumpkins George et al. (US20060070746A1), hereinafter referred to as George.
Regarding claim 1, Mark discloses: a work machine (see at least Mark, ¶¶ [0009]-[0010]) comprising:
a vehicle body (see at least Mark, ¶¶ [0004]-[0005], [0017]-[0018], which discloses a machine frame)
a work implement movably supported with respect to the vehicle body (see at least Mark, ¶¶ [0004], [0009]-[0010], which discloses a movably supported work implement (blade/grater) with respect to the vehicle body)
an actuator connected to the work implement, the actuator being configured to cause the work implement to move (see at least Mark, ¶¶ [0005]-[0006], which discloses a left/right hydraulic actuator connected to the work implement, the actuator being configured to cause the work implement to move)
a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Mark is silent on, however, in the same field of endeavor, George teaches: and a controller configured to: acquire the target height of the work implement and control the actuator so that a height of the work implement in the gravity direction is maintained at the target height even when a posture of the vehicle body changes (see at least George, ¶¶ [0009]-[0010], [0021]-[0022] which discloses keeps the blade in a relatively constant position and at a relatively constant height as the chassis of the vehicle pitches forward and backward)
It would have been obvious to a person of ordinary skill in the art to modify Mark to include: acquire the target height of the work implement and control the actuator so that a height of the work implement in the gravity direction is maintained at the target height even when a posture of the vehicle body changes as taught by George. Incorporating the teaching of George would allow for an improvement to the base device of Mark that reduces blade pitching as the vehicle moves across the terrain that relieves the operator of the burden of manually raising and lowering the blade.
Regarding claim 6, Mark discloses: a method for controlling a work machine (see at least Mark, ¶¶ [0004], [0009]-[0010]) that includes:
a vehicle body (see at least Mark, ¶¶ [0004]-[0005], [0017]-[0018], which discloses a machine frame)
a work implement movably supported with respect to the vehicle body, and an actuator connected to the work implement and configured to cause the work implement to move (see at least Mark, ¶¶ [0004], [0009]-[0010], which discloses a movably supported work implement (blade/grater) with respect to the vehicle body), the method comprising:
in response to an operation of a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane, setting the target height and the cross slope angle of the work implement (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Mark is silent on, however, in the same field of endeavor, George teaches: and controlling the actuator so that a height of the work implement in the gravity direction is maintained at the target height even when a posture of the vehicle body changes (see at least George, ¶¶ [0009]-[0010], [0021]-[0022] which discloses keeps the blade in a relatively constant position and at a relatively constant height as the chassis of the vehicle pitches forward and backward)
It would have been obvious to a person of ordinary skill in the art to modify Mark to include: and controlling the actuator so that a height of the work implement in the gravity direction is maintained at the target height even when a posture of the vehicle body changes as taught by George. Incorporating the teaching of George would allow for an improvement to the base device of Mark that reduces blade pitching as the vehicle moves across the terrain that relieves the operator of the burden of manually raising and lowering the blade.
Regarding claim 11, Mark discloses: a method for controlling a work machine (see at least Mark, ¶¶ [0004], [0009]-[0010]) that includes:
a vehicle body (see at least Mark, ¶¶ [0004]-[0005], [0017]-[0018], which discloses a machine frame)
a work implement movably supported with respect to the vehicle body (see at least Mark, ¶¶ [0004], [0009]-[0010], which discloses a movably supported work implement (blade/grater) with respect to the vehicle body)
and an actuator connected to the work implement and configured to cause the work implement to move (see at least Mark, ¶¶ [0005]-[0006], which discloses a left/right hydraulic actuator connected to the work implement, the actuator being configured to cause the work implement to move), the method comprising:
in response to an operation of a first operating device operable to set a target height of the work implement in a gravity direction, setting the target height of each of a left end portion and a right end portion of the work implement (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Mark is silent on, however, in the same field of endeavor, George teaches: and maintaining a cross slope angle by controlling the actuator so that a height of each of the left end portion and the right end portion of the work implement in the gravity direction is maintained at the target height even when a posture of the vehicle body changes (see at least George, ¶¶ [0009]-[0010], [0021]-[0022] which discloses keeps the blade in a relatively constant position and at a relatively constant height as the chassis of the vehicle pitches forward and backward)
It would have been obvious to a person of ordinary skill in the art to modify Mark to include: acquire the target height of the work implement and control the actuator so that a height of the work implement in the gravity direction is maintained at the target height even when a posture of the vehicle body changes as taught by George. Incorporating the teaching of George would allow for an improvement to the base device of Mark that reduces blade pitching as the vehicle moves across the terrain that relieves the operator of the burden of manually raising and lowering the blade.
Claims 2-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zachman Mark et al. (US20080000659A1), hereinafter referred to as Mark, in view of Lumpkins George et al. (US20060070746A1), hereinafter referred to as George, in further view of Manfield Christopher et al. (US20170114522A1), hereinafter referred to as Christopher.
Regarding claim 2, modified Mark discloses: the work machine according to claim 1 further comprising: the controller being configured to: set the target height of each of a left end portion and a right end portion of the work implement individually in response to an operation of the first operating device in the first setting mode and set the target height of the work implement while maintaining the cross slope angle in the second setting mode (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Modified Mark is silent on, however, in the same field of endeavor, Christopher teaches:
a second operating device operable to switch between a first setting mode and a second setting mode in order to set the target height of the work implement (see at least Christopher, ¶¶ [0009]-[0010], [0052]-[0053], [0065]which discloses a mode selection input to switch between a first setting mode and a second setting mode in order to set the target height of the work implement)
It would have been obvious to a person of ordinary skill in the art to further change modified Christopher to include a second operating device operable to switch between a first setting mode and a second setting mode in order to set the target height of the work implement. The examiner would like to note that Christopher has been implemented solely for the switching option via a second operating device since Mark presents only one, however, the device of Mark is capable of the functionalities of Christopher’s second device. Incorporating the teachings would allow for an improvement to provide a second incremental input to the controller corresponding to a second incremental adjustment of the second side of the second actuator effecting a prescribed change in height of the second side of the implement independent of the change in position of the first side of the implement.
Regarding claim 3, modified Mark discloses: the work machine according to claim 2, wherein:
the first operating device includes a left lift lever and a right lift lever, the left lift lever and the right lift lever being operable in a raising direction and a lowering direction (see at least Mark, ¶¶ [0018]-[0016], which discloses two manually actuatable control levers being operable in the raising and lowering directions, controlling the vertical position)
and the controller is configured to change the cross slope angle of the work implement by changing a height of the left end portion of the work implement in response to an operation of the left lift lever while maintaining a height of the right end portion of the work implement when the left setting switch is in the ON state (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
and change the cross slope angle of the work implement by changing a height of the right end portion of the work implement in response to an operation of the right lift lever while maintaining a height of the left end portion of the work implement when the right setting switch is in the ON state (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Modified Mark is silent on, however, in the same field of endeavor, Christopher teaches:
and the second operating device includes a left setting switch corresponding to the left lift lever, and a right setting switch corresponding to the right lift lever, and the left setting switch and the right setting switch are operable between an ON state and an OFF state (see at least Christopher, ¶¶ [0009]-[0010], [0052]-[0053], [0065]which discloses a mode selection input to switch between a first setting mode and a second setting mode in order to set the target height of the work implement)
It would have been obvious to a person of ordinary skill in the art to further change modified Christopher to include and the second operating device includes a left setting switch corresponding to the left lift lever, and a right setting switch corresponding to the right lift lever, and the left setting switch and the right setting switch are operable between an ON state and an OFF state. The examiner would like to note that Christopher has been implemented solely for the switching option via a second operating device since Mark presents only one, however, the device of Mark is capable of the functionalities of Christopher’s second device. Incorporating the teachings would allow for an improvement to provide a second incremental input to the controller corresponding to a second incremental adjustment of the second side of the second actuator effecting a prescribed change in height of the second side of the implement independent of the change in position of the first side of the implement.
Regarding claim 4, modified Mark discloses: the work machine according to claim 3, wherein the controller is configured to: change the height of the work implement in response to an operation of the left lift lever while maintaining the cross slope angle of the work implement when the left setting switch is in the OFF state and set the changed height of the work implement as the target height (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Regarding claim 5, modified Mark discloses: the work machine according to claim 3, wherein the controller is configured to: change the height of the work implement in response to an operation of the right lift lever while maintaining the cross slope angle of the work implement when the right setting switch is in the OFF state and set the changed height of the work implement as the target height (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Regarding claim 7, modified Mark discloses: the method according to claim 6, further comprising: setting the target height of each of a left end portion and a right end portion of the work implement individually in response to an operation of the first operating device in the first setting mode (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
and setting the target height of the work implement while maintaining the cross slope angle in the second setting mode (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Modified Mark is silent on, however, in the same field of endeavor, Christopher teaches: switching between a first setting mode and a second setting mode in order to set for setting the target height of the work implement in response to an operation of a second operating device (see at least Christopher, ¶¶ [0009]-[0010], [0052]-[0053], [0065]which discloses a mode selection input to switch between a first setting mode and a second setting mode in order to set the target height of the work implement)
It would have been obvious to a person of ordinary skill in the art to further change modified Christopher to include switching between a first setting mode and a second setting mode in order to set for setting the target height of the work implement in response to an operation of a second operating device. The examiner would like to note that Christopher has been implemented solely for the switching option via a second operating device since Mark presents only one, however, the device of Mark is capable of the functionalities of Christopher’s second device. Incorporating the teachings would allow for an improvement to provide a second incremental input to the controller corresponding to a second incremental adjustment of the second side of the second actuator effecting a prescribed change in height of the second side of the implement independent of the change in position of the first side of the implement.
Regarding claim 8, modified Mark discloses: the method according to claim 7, wherein the first operating device includes a left lift lever and a right lowering direction (see at least Mark, ¶¶ [0018]-[0016], which discloses two manually actuatable control levers being operable in the raising and lowering directions, controlling the vertical position)
and the method further comprising: changing the cross slope angle of the work implement by changing a height of the left end portion of the work implement in response to an operation of the left lift lever while maintaining a height of the right end portion of the work implement when the left setting switch is in the ON state (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
and changing the cross slope angle of the work implement by changing a height of the right end portion of the work implement in response to an operation of the right lift lever while maintaining a height of the left end portion of the work implement when the right setting switch is in the ON state (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Modified Mark is silent on, however, in the same field of endeavor, Christopher teaches: and the second operating device includes a left setting switch corresponding to the left lift lever, the left lift lever and the right lift lever being operable in a raising direction and a lift lever and a right setting switch corresponding to the right lift lever, and the left setting switch and the right setting switch are operable between an ON state and an OFF state (see at least Christopher, ¶¶ [0009]-[0010], [0052]-[0053], [0065]which discloses a mode selection input to switch between a first setting mode and a second setting mode in order to set the target height of the work implement)
It would have been obvious to a person of ordinary skill in the art to further change modified Christopher to include and the second operating device includes a left setting switch corresponding to the left lift lever, the left lift lever and the right lift lever being operable in a raising direction and a lift lever and a right setting switch corresponding to the right lift lever, and the left setting switch and the right setting switch are operable between an ON state and an OFF state. The examiner would like to note that Christopher has been implemented solely for the switching option via a second operating device since Mark presents only one, however, the device of Mark is capable of the functionalities of Christopher’s second device. Incorporating the teachings would allow for an improvement to provide a second incremental input to the controller corresponding to a second incremental adjustment of the second side of the second actuator effecting a prescribed change in height of the second side of the implement independent of the change in position of the first side of the implement.
Regarding claim 9, modified Mark discloses: the method according to claim 8, further comprising: changing the height of the work implement in response to an operation of the left lift lever while maintaining the cross slope angle of the work implement when the left setting switch is in the OFF state, and setting the changed height of the work implement as the target height (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Regarding claim 10, modified Mark discloses: the method according to claim 8, further comprising: changing a height of the work implement in response to an operation of the right lift lever while maintaining the cross slope angle of the work implement when the right setting switch is in the OFF state, and setting the changed height of the work implement as the target height (see at least Mark, ¶¶ [0009]-[0011], [0021]-[0022], [0028], which discloses operator input indicative of a desired cross slope and height (y position) of the work implement with respect to a horizontal plane, this means a first operating device operable to set a target height of the work implement in a gravity direction and a cross slope angle indicative of a tilt angle of the work implement with respect to a horizontal plane)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 8:00 am - 4:00 pm, 6:00-8:00 pm (+ with flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664 /RACHID BENDIDI/ Supervisory Patent Examiner, Art Unit 3664
