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 .
DETAILED ACTION
Priority
Acknowledgment is made of Applicant's claim for foreign priority based on a Patent Applications filed on 11/10/22. It is noted that Applicant has filed a certified copy of the application as required.
Examiner note: Examiner respectfully suggests Applicant telephone Examiner Adams (571-270-3688) prior to filing a response to the instant office action to discuss claim clarifications in a scheduled interview to move the instant application in a Condition for Allowance. Including language directed towards acceleration sensors for the machinery are disclosed in NISHI (US Pub. No.: 2021-0270013) and would not assist towards allowable subject matter.
Claim Rejections - 35 USC § 102
The following is a quotation of 35 U.S.C. 102(a)(2):
(a) Novelty; Prior Art.— A person shall be entitled to a patent unless: (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122 (b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
(b) Exceptions: (2) Disclosures appearing in applications and patents.— A disclosure shall not be prior art to a claimed invention under subsection (a)(2) if: (A) the subject matter disclosed was obtained directly or indirectly from the inventor or a joint inventor; (B) the subject matter disclosed had, before such subject matter was effectively filed under subsection (a)(2), been publicly disclosed by the inventor or a joint inventor or another who obtained the subject matter disclosed directly or indirectly from the inventor or a joint inventor; or (C) the subject matter disclosed and the claimed invention, not later than the effective filing date of the claimed invention, were owned by the same person or subject to an obligation of assignment to the same person.
Claims 7, 10-11 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable over NISHI (US Pub. No.: 2021-0270013).
As per Claim 7 NISHI discloses A video recording system for recording the surroundings of construction machinery, comprising (Figs. 1-4, 6, 8 surrounding at least shovel machinery [Abstract] [0005]):
a camera that captures the surroundings of the construction machinery (Figs. 1-4, 6, 8 camera S5 for machinery shovel attached [0028] [0044] [0051]);
one or more types of sensors that detect the state of the construction machinery (Figs. 1-4, 6, 8 sensors included [0044] [0056-0058]);
a gate lock device that switches between a state, where the operation of the construction machinery is permitted and a state where it is prohibited (Figs. 1-4, 6, 8 gate lock switches state lock and unlock [0054] [0082]);
a controller that based on the output of the sensors or the images of the surroundings of the construction machinery captured by the camera (Figs. 1-4, 6, 8 controller 30 [0054] [0082] shovel motion detection/prediction part 303 [0103-0104]), detects a sign of the construction machinery tipping over (either or) or parts of the construction machinery coming into contact with surrounding objects (Figs. 1-4, 6, 8 controller 30 – gate lock locks and prohibits movement if/when contact made or about to [0054] more about coming into contact [0082]),
and generates a recording trigger signal when the recording start conditions, set based on the state of the construction machinery as determined by vehicle body data including the sensor output, are met and the operation of the construction machinery is permitted by the gate lock device (Figs. 1-4, 6, 8 [0051-0052, 0054] okay to move and start the recording capture [0077-0080] [0082] [0103-0104]);
a storage device that temporarily stores the vehicle body data and the video data consisting of images of the surroundings of the construction machinery captured by the camera when the power of the construction machinery is turned on (Figs. 1-4, 6, 8 engaged [0051-0054] storage device 471 [0078-0082, 0085]);
a video recording device that upon receiving the recording trigger signal from the controller, files the vehicle body data and the video data temporarily stored in the storage device as sign detection data and stores it in the storage device (Figs. 1-4, 6, 8 set of images captured [0028] [0059-0060] shovel moving power on operational [0051-0054] – capture and store data as detection data and work patterns [0078-0082] [0103-0104] [0116-0117])
As per Claim 10 NISHI discloses The video recording system according to claim 7, wherein
the construction machinery is a hydraulic excavator with a front device for performing work (Figs. 1-4, 6, 8 shovel in front [0051-0054] [0059-0060] [0078-0082] [0103-0104] [0116-0117]) the sensor includes a posture sensor for detecting the posture of the front device (Figs. 1-4, 6, 8 sensors included for posture gate positioning [0044] [0056-0058]) the sign of a part of the construction machinery coming into contact with surrounding objects is when a part of the front device exceeds a preset operation limit area around the construction machinery (Figs. 1-4, 6, 8 controller 30 – gate lock locks and prohibits movement if/when contact made or about to [0054] more about shovel equipment coming into contact [0082])
As per Claim 11 NISHI discloses The video recording system according to claim 7, further comprising:
an external server device provided separately from the construction machinery, wherein the video recording device uploads the video data of the recorded surrounding images of the construction machinery to the external server device (Figs. 1-4, 6, 8 upload to server [0028, 0044] [0051-0054] [0059-0060] upload [0083] [0169]), the external server device displays the surrounding images of the construction machinery based on the uploaded video data (Figs. 1-4, 6, 8 external apparatus monitor displays on both inside cabin and on external apparatus monitor [0028, 0044] [0051-0054] [0059-0060] uploading all shovel 100 data [0083] [0169]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over NISHI (US Pub. No.: 2021-0270013) in view of COLWELL et al. (US Pub. No.: 2013-0218423).
As per Claim 8 NISHI discloses The video recording system according to claim 7, wherein the sensor includes (See said analysis for Claim 7)
NISHI does not disclose but COLWELL discloses an inclination sensor for detecting the tilt of the body of the construction machinery, the sign of the construction machinery tipping over is when the tilt of the body detected by the inclination sensor exceeds a preset first threshold (Figs. 1-5, 8C, 9 machine 10, inclinometers to control tipping [0015, 0028] for threshold eval for tipping status determination [0053-0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an inclination sensor for detecting the tilt of the body of the construction machinery, the sign of the construction machinery tipping over is when the tilt of the body detected by the inclination sensor exceeds a preset first threshold as taught by COLWELL into the system of NISHI because of the benefit taught by COLWELL to include detection of tipping of machine due to exceeding thresholds under work conditions which would benefit the construction machine of NISHI which includes a variety of important sensors and would benefit directly from an inclination sensor for protection of equipment.
Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over NISHI (US Pub. No.: 2021-0270013) in view of YAMANOBE et al. (US Pub. No.: 2020-0232189).
As per Claim 9 NISHI discloses The video recording system according to claim 7, wherein the construction machinery is a hydraulic excavator with a front device for performing work (Figs. 1-4, 6, 8 machinery frontal shovel [0022-0024] [0028] [0044] [0051]),
NISHI does not disclose but YAMANOBE discloses the sensor includes a load sensor for detecting the load of the suspended load on the front device (Fig. 2 load measuring system and sensors 24, 38-39 as load sensors [0042-0044] [0046-0047]; Figs 4-5, 7 load threshold processing [0014-0015] [0047] [0061-0063]): the sign of the construction machinery tipping over is when the load of the suspended load on the front device detected by the load sensor (either or) or exceeds a preset second threshold (Fig. 2 load measuring system; Figs 4-5, 7 load threshold processing [0014-0015] [0042-0043] hydraulic excavator load under test [0045-0047] load values and tipping detection [0054-0056] [0061-0063]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the sensor includes a load sensor for detecting the load of the suspended load on the front device: the sign of the construction machinery tipping over is when the load of the suspended load on the front device detected by the load sensor or exceeds a preset second threshold as taught by YAMANOBE into the system of NISHI because of the benefit taught by YAMANOBE to include detection of loads exceeding thresholds under work conditions which would benefit the construction machine of NISHI which includes a variety of important sensors and would benefit directly from an a load sensor to prevent machine damage and reduce risk of injuries.
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over NISHI (US Pub. No.: 2021-0270013) in view of HOSO et al. (US Pub. No.: 2022-0246856).
As per Claim 12 NISHI discloses The video recording system according to claim 7, further comprising:
NISHI does not disclose but HOSO discloses an external server device provided separately from the construction machinery, wherein the external server device updates the video data from a plurality of construction machinery the external server device displays the surrounding images based on the video data that meets specified conditions from the uploaded video data (Fig. 1 plurality of machines 100N at the worksite measuring boom and bucket angles and report back for overall monitoring off-site Figs. 1-6 external server receives transmitted posture data from machines 100N – upon condition of selection transmission for review at the site [0118] see display 64 for server data [0061, 0069-0070] images [0081] [0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an external server device provided separately from the construction machinery, wherein the external server device updates the video data from a plurality of construction machinery the external server device displays the surrounding images based on the video data that meets specified conditions from the uploaded video data as taught by HOSO into the system of NISHI because of the benefit taught by HOSO to include the ability to monitor multiple work devices at a site and communicate to a central processing and monitoring point which would naturally expand upon system NISHI related capabilities.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EILEEN M ADAMS whose telephone number is 571-270-3688. The examiner can normally be reached on Monday-Friday from 8:30am-5:00pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4688.
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/EILEEN M ADAMS/Primary Examiner, Art Unit 2481
