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 . 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 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.
Status of Claims
Claims 1-15 are pending and have been examined below.
Claim Objections
Claim 1 is objected to because of the following informalities, for which correction is required:
Claim 1 recites “An apparatus arranged for controlling a mining vehicle”, and then later recites “an obstacle detection function of an underground mining vehicle”. Applicant is requested to clarify if both of these vehicles are intended to refer to the same element, and if so, recite them as the same element.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 USC 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, 3, 7, 9, 10, 14 and 15 is/are rejected under 35 USC 103 as being unpatentable over US20160123146 (“Makela”) in view of US6064926 (“Sarangapani”)
Claim 1
Makela discloses an apparatus arranged for controlling a mining vehicle (abstract), the apparatus comprising at least one processor and at least one memory including computer program code, the at least one memory and the computer program code being configured to, with the at least one processor (0076), cause the apparatus at least to:
detect, by an obstacle detection function of an underground mining vehicle performing an autonomous driving task along a first route comprising including a first set of route points, an obstacle on a basis of scanning by a scanner of the mining vehicle (0057 The mining vehicle may comprise an automatic drive controller controlling autonomous or semi-autonomous drive. The environment model, or a separate route plan, may contain predetermined route positions via which the mining vehicle should travel. Hence, the control unit 18 may utilize the determined location and the environment model to control the movements of the mining vehicle and the boom so that the mining vehicle travels via the predetermined route positions in such a way that collisions are avoided., 0054 The environment observing system 32 may comprise a laser scanner which may detect walls of a tunnel, stones and other obstacles to be avoided.).
Makela fails to disclose causing the apparatus to: determine a position of the obstacle; determine, in response to detecting the obstacle, an expected stopping position being approached by the vehicle before the obstacle, in order to start a new route for the vehicle to an end point of the first route; provide the expected stopping position being approached by the vehicle and the position of the obstacle to a route planning function; generate, by the route planning function, a second route comprising including a second set of route points for the mining vehicle to bypass the obstacle, on a basis of the expected stopping position being approached by the vehicle, the position of the obstacle, and a worksite model indicative of limitations for route generation; provide the second route to an autonomous driving controller of the mining vehicle; and control, by the autonomous driving controller, the mining vehicle to drive autonomously along the second route. However, Makela does disclose the vehicle detecting and avoiding contact with obstacles and the vehicle following a travel route (claim 4). Furthermore, Sarangapani teaches a mining vehicle traveling on a route col. 1 lines 15-20 mobile machines…in an earthworking environment such as a mining site, col. 4 lines 1-5 In FIG. 4, a mobile machine 102 traveling on a path 104 is shown approaching an obstacle 402 on the path 104), including causing the apparatus to:
determine a position of the obstacle (col. 10 lines 3-5 receive a signal from the position determining system indicating the location of the obstacle)
determine, in response to detecting the obstacle, an expected stopping position being approached by the vehicle before the obstacle, in order to start a new route for the vehicle to an end point of the first route (Fig. 5, col. 4 lines 20-30 An entry point 502 to an alternate path 506 and an intermediate point on the alternate path 506 are chosen. The entry point 502 is the location where the mobile machine 102 will leave the original path 104. The intermediate point 504 is a point about midway around the obstacle 402. A first segment 506 of an alternate path is planned from the entry point 502 to the intermediate point 504. The mobile machine 102 then proceeds to move around the obstacle 402 on the alternate path 506.);
provide the expected stopping position being approached by the vehicle and the position of the obstacle to a route planning function (Fig. 5, col. 4 lines 20-30 An entry point 502 to an alternate path 506 and an intermediate point on the alternate path 506 are chosen. The entry point 502 is the location where the mobile machine 102 will leave the original path 104. The intermediate point 504 is a point about midway around the obstacle 402. A first segment 506 of an alternate path is planned from the entry point 502 to the intermediate point 504. The mobile machine 102 then proceeds to move around the obstacle 402 on the alternate path 506.);
generate, by the route planning function, a second route comprising including a second set of route points for the mining vehicle to bypass the obstacle, on a basis of the expected stopping position being approached by the vehicle, the position of the obstacle, and a worksite model indicative of limitations for route generation (Fig. 5, col. 4 lines 20-30 An entry point 502 to an alternate path 506 and an intermediate point on the alternate path 506 are chosen. The entry point 502 is the location where the mobile machine 102 will leave the original path 104. The intermediate point 504 is a point about midway around the obstacle 402. A first segment 506 of an alternate path is planned from the entry point 502 to the intermediate point 504. The mobile machine 102 then proceeds to move around the obstacle 402 on the alternate path 506., col. 4 lines 35-47 During the path planning process, the alternate path must be planned to be wide enough to allow for the width (w.sub.2) of the mobile machine 102 and to allow for buffer zones to the left (w.sub.1) of the mobile machine 102 and to the right (w.sub.3) of the mobile machine 102. The buffer zone (w.sub.1) is a predetermined minimum distance from the obstacle 402 to the left side of the mobile machine 102. The buffer zone (w.sub.3) is a predetermined minimum distance from the right side of the mobile machine to the boundary 404 of the path 104. Therefore, the alternate path must be planned to be at least as wide as w.sub.1 +w.sub.2 +w.sub.3. If the alternate path is to the left of the obstacle 402, the buffer zones (w.sub.1,w.sub.3) would be interchanged., col. 4 line 65 – col. 5 line 5 Another example of a method for determining a path is disclosed in U.S. Pat. No. 5,566,288, where Koehrsen teaches a method to fit a b-spline curve to a set of data points. The curve can then be fitted with line segments to complete the path. Other methods to plan the alternate path 506,606 can be used without deviating from the spirit of the present invention.);
provide the second route to an autonomous driving controller of the mining vehicle (claim 1, claim 11 a control system located on the mobile machine adapted to receive a signal from the obstacle detection system indicating the presence of an obstacle, receive a signal from the position determining system indicating the location of the obstacle, receive a signal from the path planner indicating a proposed alternate path around the obstacle, deliver a signal to the fleet manager indicating the location of the obstacle and the alternate path, and control the mobile machine to traverse the alternate path.); and
control, by the autonomous driving controller, the mining vehicle to drive autonomously along the second route (claim 1, claim 11 a control system located on the mobile machine adapted to receive a signal from the obstacle detection system indicating the presence of an obstacle, receive a signal from the position determining system indicating the location of the obstacle, receive a signal from the path planner indicating a proposed alternate path around the obstacle, deliver a signal to the fleet manager indicating the location of the obstacle and the alternate path, and control the mobile machine to traverse the alternate path.).
Makela and Sarangapani both disclose systems of controlling a mining vehicle to avoid an obstacle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Makela to include the teaching of Sarangapani with a reasonable expectation of success in order to more precisely determine the path around the obstacle, thus increasing the likelihood of avoiding the obstacle.
Claim 3
Makela discloses:
wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to determine three-dimensional position information of the obstacle in a worksite reference system on a basis of a position of the scanner determined on a basis of three-dimensional environment scanning (0054 The environment observing system 32 may comprise a laser scanner which may detect walls of a tunnel, stones and other obstacles to be avoided. In some embodiments, the control unit may also be able to determine the current position of the mining vehicle in the tunnel or in some other location on the basis of the scanner information and a predetermined environment model or a tunnel map. In addition to or instead of the laser scanner the environment observing system 32 may comprise a distance measurement unit which may be based on e.g. an ultrasonic or an optical measurement system.). Examiner notes that it is known in the art that environmental laser scanners often create a 3D model of the environment.
Claim 7
Makela discloses wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to:
control, in response to detecting the obstacle, a reduction of speed of the mining vehicle to avoid stopping the mining vehicle before the expected stopping position and starting to drive along the second route (0015 if collision is determined very likely, the speed of the mining vehicle is automatically decreased, or the mining vehicle may be stopped and/or a parking brake may be automatically applied.).
Claim(s) 9, 10, 14 and 15
Claim(s) 9, 10, 14 and 15 recite(s) subject matter similar to that/those of claim(s) 1, 1, 7 and 1, respectively, and is/are rejected under the same grounds.
Claim(s) 2 and 11 is/are rejected under 35 USC 103 as being unpatentable over Makela in view of Sarangapani, in further view of US20200114917 (“Oguro”).
Claim 2
Makela fails to disclose: wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to: transmit the expected stopping position from the autonomous driving controller to the route planning function. However, Makela does disclose a route plan (0057). Furthermore, Sarangapani teaches:
wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to: transmit the expected stopping position from the autonomous driving controller to the route planning function (col. 4 lines 20-30 An entry point 502 to an alternate path 506 and an intermediate point on the alternate path 506 are chosen. The entry point 502 is the location where the mobile machine 102 will leave the original path 104. The intermediate point 504 is a point about midway around the obstacle 402. A first segment 506 of an alternate path is planned from the entry point 502 to the intermediate point 504. The mobile machine 102 then proceeds to move around the obstacle 402 on the alternate path 506., col. 3 lines 54-57 A path planner 308 receives a signal from the control system 302 indicating the presence and location of the obstacle, and responsively plans a proposed alternate path around the obstacle. A detailed explanation of path planning around an obstacle is given below.).
See prior art rejection of claim 1 for obviousness and reasons to combine.
Additionally, Makela fails to disclose wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to: estimate, in response to detecting the obstacle, the expected stopping position of the mining vehicle on a basis of speed of the mining vehicle. However, Makela does disclose detecting the obstacle (0057, 0054). Furthermore, Oguro teaches a vehicle being controlled based on obstacles (0045), including:
wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to: estimate, in response to detecting the obstacle, the expected stopping position of the vehicle on a basis of speed of the vehicle (0045 In addition, the vehicle stop position Ps may be set for a traffic participant such as an obstacle (including parked or stopped vehicle), another vehicle, or a person existing ahead of the host vehicle 11 in the traveling direction., 0005 In order to achieve the above object, a vehicle control device according to the present invention includes: a vehicle state detection unit configured to detect a vehicle speed of a host vehicle; a vehicle stop position detection unit configured to detect a vehicle stop position existing ahead of the host vehicle in a traveling direction thereof; a remaining distance calculation unit configured to calculate a remaining distance from the host vehicle to the detected vehicle stop position; a target speed setting unit configured to set a target speed of the host vehicle on a basis of the remaining distance and the vehicle speed; and a prediction unit configured to predict a stop prediction position where the host vehicle actually stops, on a basis of detection information from the vehicle state detection unit, wherein the target speed setting unit is configured to correct the target speed so as to enhance a degree of deceleration of the host vehicle when it is predicted that the stop prediction position will be set beyond the vehicle stop position and weaken the degree of the deceleration of the host vehicle when it is predicted that the stop prediction position will be set before the vehicle stop position.). Examiner notes that the disclosure of Oguro, when combined with Makela, would have made obvious to one of ordinary skill in the art the claimed subject matter. The features of Oguro used in a roadway vehicle could have been readily applied to the mining vehicle of Makela, thus resulting in wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to: estimate, in response to detecting the obstacle, the expected stopping position of the mining vehicle on a basis of speed of the mining vehicle.
Makela and Oguro both disclose controlling a vehicle on a path in view of an obstacle. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Makela to include the teaching of Oguro with a reasonable expectation of success in order to ensure that the vehicle does not come to the obstacle position, and if possible, taking proactive measures to ensure that the vehicle does not contact the obstacle.
Claim(s) 11
Claim(s) 11 recite(s) subject matter similar to that/those of claim(s) 2 and is/are rejected under the same grounds.
Claim(s) 4 and 12 is/are rejected under 35 USC 103 as being unpatentable over Makela in view of US20230408289 (“Buda”).
Claim 4
Makela fails to disclose wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to: update the worksite model to include information indicative of the position of the obstacle, and generate the second route on the basis of the updated worksite model. However, Makela does disclose the worksite model (0054). Furthermore, Buda teaches a mining vehicle in a work environment (0002), including: wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to:
update the worksite model to include information indicative of the position of the obstacle (0005 generate a map of the environment based on the received sensed data and share, via the communications module, the generated map with another vehicle onboard guidance system; register the topography with a map of the environment that was received, via the communications module, from another vehicle onboard guidance system; and generate an updated map by modifying a map of the environment that was received, via the communications module, from another vehicle onboard guidance system., 0040 The guidance system is configured to utilize information gathered by sensors on one or more of the various vehicles, e.g., transport vehicles and loaders, to create and continually update a map that indicates the loading and unloading points, and that indicates the current location and orientation of each transport vehicle (e.g., relative to a loader or otherwise, e.g., relative to a local or global reference system).), and
generate the second route on the basis of the updated worksite model (0065 The generated map may be updated to indicate the obstacle, and to modify any calculated routes that pass near the obstacle., 0074, 0099).
Claim(s) 12
Claim(s) 12 recite(s) subject matter similar to that/those of claim(s) 3 and 4 and is/are rejected under the same grounds.
Claim(s) 5 and 13 is/are rejected under 35 USC 103 as being unpatentable over Makela in view of US11069082 (“Ebrahimi Afrouzi”).
Claim 5
Makela fails to disclose wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to generate the second route on the basis of a traversability or drivability map, wherein the traversability or drivability map comprises a sub-set of points of a three-dimensional worksite model and is indicative of obstacles. However, Makela does disclose the worksite model (0054). Furthermore, Ebrahimi Afrouzi discloses an autonomous vehicle system that can be using in mining applications (col. 114 lines 37-65 Another example of a use case includes the mining industry), including:
wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to generate the second route on the basis of a traversability or drivability map, wherein the traversability or drivability map comprises a sub-set of points of a three-dimensional worksite model and is indicative of obstacles (Fig. 147B, col. 125 line 56 – col. 126 line 11 FIG. 147B illustrates a visual representation of a traversability map, wherein different patterns indicate the traversability of the cell by the robot. In this example, cells with higher density of black areas correspond with a lower probability of traversability by the robot. In some embodiments, traversability T may be a numerical value or a label (e.g., low, medium, high) based on real-time and prior measurements. For example, an area in which an entanglement with a brush of the robot previously occurred or an area in which a liquid was previously detected or an area in which the robot was previously stuck or an area in which a side brush of the robot was previously entangled with tassels of a rug may increase the risk level and reduce the probability of traversability of the area. In another example, the presence of a hidden obstacle or a sudden discovery of a dynamic obstacle (e.g., a person walking) in an area may also increase the risk level and reduce the probability of traversability of the area. In one example, a sudden change in a type of driving surface in an area or a sudden discovery of a cliff in an area may impact the probability of traversability of the area., col. 39 lines 15-25 the constructed map may be encoded in various forms. For instance, some embodiments may construct a point cloud of two dimensional or three dimensional points by transforming each of the vectors into a vector space with a shared origin, e.g., based on the above-described displacement vectors, in some cases with displacement vectors refined based on measured depths, col. 26 line 65 – col. 27 line 2 In some cases, the LIDAR local map 4700 may be used for online navigation (i.e., real-time navigation), wherein a path is planned around obstacles in the LIDAR local map 4700 in real-time.).
Makela and Ebrahimi Afrouzi both disclose systems of controlling a vehicle around obstacles. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Makela to include the teaching of Ebrahimi Afrouzi with a reasonable expectation of success in order to prevent planning the vehicle to travel in an area with low traversability.
Claim(s) 13
Claim(s) 13 recite(s) subject matter similar to that/those of claim(s) 5 and is/are rejected under the same grounds.
Claim(s) 6 is/are rejected under 35 USC 103 as being unpatentable over Makela in view of US20060190124 (“Makela-2”).
Claim 6
Makela fails to disclose wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to examine if the detected obstacle will be in a safety area of the mining vehicle when the mining vehicle drives to further route points of the first set of route points; and in response to detecting that the detected obstacle will be in the safety area, provide the position of the obstacle to the route planning function to generate the second route. However, Makela does disclose detecting obstacles (0054). Furthermore, Makela-2 teaches a mining vehicle that detects obstacles (0030), including: wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to:
examine if the detected obstacle will be in a safety area of the mining vehicle when the mining vehicle drives to further route points of the first set of route points (Fig. 3, 0023 A first collision examination in practice takes place such that when the vehicle 1 moves in the mine in the first movement direction A, the environment in front of the vehicle 1 is scanned by the first scanner 13 and, correspondingly, when driving in the second movement direction B, the environment is scanned by the second scanner 14. If, on the basis of the scanning, the control system detects that an external obstacle 18 resides within the safe area 15a, the system issues a collision warning message.); and
in response to detecting that the detected obstacle will be in the safety area, provide the position of the obstacle to the route planning function to generate the second route (0030 It is further possible that the safe areas 15a to 15c are updated according to the location of the mine vehicle 1. On the basis of the update, the dimensions and/or shape of the safe areas 15a to 15c in front of, on the sides of and/or behind the vehicle may be changed. The side areas 15a to 15c may then be smaller when travelling through the narrow sections of a mine and, on the other hand, they may be larger at points where the risk of collision is smaller. A possibility is that information on the size of the safe areas 15a to 15c is added to the route points of the route 11 travelled by the mine vehicle 1. Another possibility is that the route 11 travelled by the mine vehicle 1 is divided into sections, i.e. segments, larger than a route point. Update information may be determined for the segments. When the mine vehicle 1 arrives at such a route point or a segment, the control system may automatically update the safe areas.).
Makela and Makela-2 both disclose mining vehicles that detect obstacles. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Makela to include the teaching of Makela-2 with a reasonable expectation of success in order to prevent damage to the vehicle by using the extra precautionary measure of the safety area.
Claim(s) 8 is/are rejected under 35 USC 103 as being unpatentable over Makela in view of US20220342421 (“Kearns”).
Claim 8
Makela fails to disclose wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to control an increase of the speed when controlling the mining vehicle to drive along the second route. However, Makela does disclose the mining vehicle traveling along a route (0057). Furthermore, Kearns teaches a vehicle traveling along a route (abstract), including:
wherein the at least one memory and the computer program code are configured to, with the at least one processor, cause the apparatus to control an increase of the speed when controlling the mining vehicle to drive along the second route (0094 The trajectory 802a corresponds to a trajectory to rotate the robot 100 in place, and the trajectory 802b corresponds to a trajectory to reduce a speed of the robot 100 relative to a current speed of the robot 100. The template trajectories 802 can include other trajectories in other implementations, such as a trajectory to move the robot 100 in a rearward direction, a trajectory to rotate the robot 100 in place in a first direction, a trajectory to rotate the robot 100 in place in a second direction, a trajectory to move to increase a speed of the robot 100, a trajectory to move the robot 100 along a fixed arc, or other trajectories., abstract).
Makela and Kearns both disclose vehicles traveling along paths taking into account obstacles. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Makela to include the teaching of Kearns with a reasonable expectation of success in order to reach the destination sooner given that the alternate path around the obstacle likely requires a greater distance than the original path.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner KRISHNAN RAMESH whose telephone number is (571)272-6407. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn, can be reached at (571)272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISHNAN RAMESH/
Primary Examiner, Art Unit 3663
