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 .
Status of Claims
This Office Action is in response to the application filed on 02/28/2025. Claims 11-17 are presently pending and are presented for examination.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 11 is rejected under 35 U.S.C. § 102(a)(1) as being unpatentable over Liu et al., US-20210198866-A1, hereinafter referred to as Liu.
As per claim 11
Liu discloses [a] working machine performing work and moving in a work site, the working machine comprising (FIG. 2 also shows a schematic representation of a top view of the excavator 10 and the excavation pit 20 - Liu ¶35):
an obstacle detecting sensor that detects an obstacle in a surrounding (The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35 - Liu ¶35);
a control device that controls the working machine based on a detection result of the obstacle detecting sensor (The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35 - Liu ¶35),
wherein the control device controls an operation of the working machine based on a position of the working machine, information indicating a work area where the working machine performs an excavation work of excavating an excavation object or a loading work of loading the excavation object that is excavated and a moving area where the working machine moves on the work site, and the detection result of the obstacle detecting sensor (If the marked area is excavated in this way, the excavator 10 travels along the plotted movement trajectory 50 to the respective next point 51, 52, 53 until it reaches an end point 54 and performs the excavation described above at these locations in each case, FIG. 2 also shows a schematic representation of a top view of the excavator 10 and the excavation pit 20 - Liu ¶32 & ¶35),
in a case where the position of the working machine when the obstacle is detected is within the work area, the control device determines that the obstacle should not be bypassed and continues the operation when the obstacle is detected (The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35, a material removal trajectory 70…The actual excavation pit 22 is captured by the camera 16 and the actual state of the actual excavation pit 22 is compared with the intended state of the planned excavation pit 20. This comparison can be used to evaluate the performance of the building information model on the one hand and to improve the building information model on the other hand. - Liu ¶35 & ¶36),
in a case where the position of the working machine when the obstacle is detected is within the moving area, the control device determines that the obstacle should be bypassed and causes a travel operation that bypasses the obstacle to be performed (If an obstacle enters the route at the starting point, the route planning is adjusted accordingly to bypass the obstacle, The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35 - Liu ¶8 & ¶35).
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 12 is rejected under 35 U.S.C. § 103 as being unpatentable over Liu, as per claim 11, and further in view of Kurosawa, US-20220002978-A1, hereinafter referred to as Kurosawa.
As per claim 12
Liu does not specifically disclose comprising a moving body acquisition device that acquires information on a moving body other than the working machine in the work area from a monitoring device installed in the work area;
wherein the control device stops the operation of the working machine based on the information on the moving body acquired from the moving body acquisition device.
However, Kurosawa teaches comprising a moving body acquisition device that acquires information on a moving body other than the working machine in the work area from a monitoring device installed in the work area (the controller 30 of the shovel 100B can communicate information on the positional relationship between the shovel 100A and the worker W from the shovel 100B to the shovel 100A through the communications device 90, shovel 100B may…derive the positional relationship between the shovel 100A and the worker W, the controller 30 of the shovel 100A can determine the positional relationship between the shovel 100A and the worker W by receiving a communication from the traveling shovel 100B. Therefore, the controller 30 of the shovel 100A can determine the position of the worker W relative to the shovel 100A in the local coordinate system using these pieces of information - Kurosawa ¶96 & ¶98 & ¶99),
wherein the control device stops the operation of the working machine based on the information on the moving body acquired from the moving body acquisition device (the controller 30 of the shovel 100A can activate the alarm device 49 or restrict, for example, brake or stop, the motion of the shovel 100 after determining whether the worker W is in the monitoring area. In this case, safety-related correspondence such as whether to continue the motion, decelerate the motion, and stop the motion based on the type of a detected object is preset - Kurosawa ¶99).
Liu discloses a method for the automated control of an excavator using a semantic map. Kurosawa teaches construction machines and support systems that share information between work vehicles.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Liu, a method for the automated control of an excavator using a semantic map, with construction machines and support systems that share information between work vehicles, as taught by Kurosawa, with a reasonable expectation of success to improve work efficiency, see Kurosawa ¶108 for details.
Claims 14, and 16 are rejected under 35 U.S.C. § 103 as being unpatentable over Liu, in view of Wu, US-20210339775-A1, hereinafter referred to as Wu.
As per claim 14
Liu discloses [a] working machine performing work and moving in a work site, the working machine comprising (FIG. 2 also shows a schematic representation of a top view of the excavator 10 and the excavation pit 20 - Liu ¶35):
an obstacle detecting sensor that detects an obstacle in a surrounding (The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35 - Liu ¶35);
a control device that controls the working machine based on a detection result of the obstacle detecting sensor (The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35 - Liu ¶35),
[control the vehicle based on] the detection result of the obstacle detecting sensor (If an obstacle enters the route at the starting point, the route planning is adjusted accordingly to bypass the obstacle, The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35 - Liu ¶8 & ¶35),
in a case where the operating mode when the obstacle is detected is a predetermined operating mode, the control device determines that the obstacle should not be bypassed and continues the operation when the obstacle is detected (The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35, a material removal trajectory 70…The actual excavation pit 22 is captured by the camera 16 and the actual state of the actual excavation pit 22 is compared with the intended state of the planned excavation pit 20. This comparison can be used to evaluate the performance of the building information model on the one hand and to improve the building information model on the other hand. - Liu ¶35 & ¶36),
in a case where the operating mode when the obstacle is detected is not the predetermined operating mode, the control device determines that the obstacle should be bypassed and causes a travel operation that bypasses the obstacle to be performed (If an obstacle enters the route at the starting point, the route planning is adjusted accordingly to bypass the obstacle, The obstacle 60 is detected by the cameras 16 of the excavator 10 and the route plan is adjusted so that the original route 30 is changed to a new Route 35 - Liu ¶8 & ¶35).
Liu does not specifically disclose wherein the control device determines a next operating mode of the working machine based on an operating mode completed by the working machine and a position of the working machine when the operating mode is completed, and controls an operation of the working machine based on the next operating mode determined.
However, Wu teaches wherein the control device determines a next operating mode of the working machine based on an operating mode completed by the working machine and a position of the working machine when the operating mode is completed, and controls an operation of the working machine based on the next operating mode determined (an autonomous vehicle may refer to any vehicle having autonomous driving functions, including e.g…cranes, forklifts, controlling the autonomous vehicle to move from a current position to the loading position; controlling, upon determining that the loading is completed, the autonomous vehicle to move from the loading position to the unloading position; and controlling, upon determining that the unloading is completed, the autonomous vehicle to leave the unloading position - Wu ¶13 & ¶29).
Liu discloses a method for the automated control of an excavator using a semantic map. Wu teaches a system for automated goods transportation and related devices.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Liu, a method for the automated control of an excavator using a semantic map, with a system for automated goods transportation and related devices, as taught by Wu, with a reasonable expectation of success to transmit each of the transportation tasks to the autonomous driving control device 2 of the matching autonomous vehicle and because the system of task assignment can be applied to other kinds of work vehicles such as excavators, see Wu ¶16 for details.
As per claim 16
Liu further discloses wherein the predetermined operating mode includes an excavation mode in which an excavation object is excavated and a loading mode in which the excavation object that is excavated is loaded (If the marked area is excavated in this way, the excavator 10 travels along the plotted movement trajectory 50 to the respective next point 51, 52, 53 until it reaches an end point 54 and performs the excavation described above at these locations in each case, FIG. 2 also shows a schematic representation of a top view of the excavator 10 and the excavation pit 20 - Liu ¶32 & ¶35).
Allowable Subject Matter
Claims 13, 15, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST.
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/F.A.S./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
