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 July 9th, 2025. Claims 1-6 are presently pending and are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on July 9th, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to JP2023-008228 dated January 23rd, 2023.
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:
“an operation unit configured to output an operation command for manually driving the actuator” in claim 4. Structure for this limitation can be found at paragraph [0042] of Applicant’s specification; “The controller 50 includes a processor, a main memory, and a storage unit 53. The processor is, for example, a central processing unit (CPU). The main memory includes, for example, a non-volatile memory such as a read only memory (ROM) and a volatile memory such as a random-access memory (RAM).”.
“an instruction unit configured to designate the passing point” in claim 4. Structure for this limitation can be found at paragraph [0042] of Applicant’s specification; “The controller 50 includes a processor, a main memory, and a storage unit 53. The processor is, for example, a central processing unit (CPU). The main memory includes, for example, a non-volatile memory such as a read only memory (ROM) and a volatile memory such as a random-access memory (RAM).”.
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 § 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.
(a)(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.
Claim(s) 1-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by JP2021172972A (hereinafter, “Okuwaki”)
Regarding claim 1 Okuwaki discloses an automatic control system for a work machine (see at least [0005]; “According to one embodiment, the control system is a control device for a work machine”), comprising:
a revolving body configured to revolve (see at least [0005]; “a work machine comprising a work machine body,” and [0022]; “The control device 125 transmits the rotation speed, position and orientation of the slewing body 120”);
a work implement attached to the revolving body and having a work tool (see at least [0005]; “a bucket rotatably attached to the tip of the arm…a bucket control unit that generates a first command to rotate the bucket in the soil removal direction unit”);
a work implement posture sensor configured to detect a posture of the work implement (see at least [0018]; “The bucket angle sensor 119 is attached to the bucket 113 and detects the inclination angle of the bucket 113.”); and
a controller configured to:
identify a passing point through which the work tool passes during revolution of the revolving body, based on a result of the detection by the work implement posture sensor (see at least [0042]; “The avoidance position identification unit 1215 identifies an interference avoidance position P02, which is the point where the work machine 110 and the transport vehicle 200 do not interfere with each other in a plan view from above, based on the position of the work machine 100, the position of the vessel 201, and the position of the pin of the bucket 113 at the start of control (empty swing start position P01).”);
calculate a corrected passing point by adding a vertical offset, derived from shape data of the work tool, to the height position of the passing point (see at least [0045]; “determines the height of the soil discharge starting position P07 to be the height of the vessel 201 plus the amount of change in the height of the bucket 113 due to the automatic soil discharge control which has been determined in advance, the height of the bucket 113, and the height of the control margin of the bucket 113. The height of the bucket 113 refers, for example, to the height from the ground surface to the lowest point of the bucket 113. The control margin height is a margin determined according to the variation in the height error of the bucket 113 caused by sensor errors or control delays,” and [0042]; “the interference avoidance position P02 is at the same height as the empty rotation start position P01…the pin of the bucket 113 moves to the empty-load slewing start position P01, which is higher than the soil discharge start position P07, by the soil discharge control described later,” the height of the bucket is added to the height of the vessel to avoid interference during discharge control); and
perform control such that the work tool passes through the corrected passing point during the revolution (see at least [0057]; “The down-swing control unit 1219 generates commands to drive the swing body 120, boom 111, arm 112, and bucket 113 to reach the excavation position P05 based on the control positions determined in step S103. The command output unit 1224 outputs each of the generated commands (step S104).”).
Regarding claim 2 Okuwaki discloses all of the limitations of claim 1. Additionally, Okuwaki discloses wherein the controller is configured to calculate the corrected passing point by adding a vertical offset, based on a height dimension of the work tool, to the height position of the passing point (see at least [0045]; “determines the height of the soil discharge starting position P07 to be the height of the vessel 201 plus the amount of change in the height of the bucket 113 due to the automatic soil discharge control which has been determined in advance, the height of the bucket 113, and the height of the control margin of the bucket 113. The height of the bucket 113 refers, for example, to the height from the ground surface to the lowest point of the bucket 113. The control margin height is a margin determined according to the variation in the height error of the bucket 113 caused by sensor errors or control delays,” and [0042]; “the interference avoidance position P02 is at the same height as the empty rotation start position P01…the pin of the bucket 113 moves to the empty-load slewing start position P01, which is higher than the soil discharge start position P07, by the soil discharge control described later,” the height of the bucket is added to the height of the vessel to avoid interference during discharge control).
Regarding claim 3 Okuwaki discloses all of the limitations of claim 1. Additionally, Okuwaki discloses wherein the controller is configured to calculate the corrected passing point by adding a vertical offset, based on a maximum height dimension of the work tool in a side view, to the height position of the passing point (see at least [0045]; “determines the height of the soil discharge starting position P07 to be the height of the vessel 201 plus the amount of change in the height of the bucket 113 due to the automatic soil discharge control which has been determined in advance, the height of the bucket 113, and the height of the control margin of the bucket 113. The height of the bucket 113 refers, for example, to the height from the ground surface to the lowest point of the bucket 113. The control margin height is a margin determined according to the variation in the height error of the bucket 113 caused by sensor errors or control delays,” and [0042]; “the interference avoidance position P02 is at the same height as the empty rotation start position P01…the pin of the bucket 113 moves to the empty-load slewing start position P01, which is higher than the soil discharge start position P07, by the soil discharge control described later,” the height control margin corresponds to Applicant’s maximum height dimension of work tool).
Regarding claim 4 Okuwaki discloses all of the limitations of claim 1. Additionally, Okuwaki discloses further comprising:
an actuator configured to drive the work implement (see at least [0034]; “The control device 125 controls the actuators of the work machine 100 based on instructions from the control device 300.”);
an operation unit configured to output an operation command for manually driving the actuator (see at least [0052]; “The command output unit 1224 outputs various commands”); and
an instruction unit configured to designate the passing point when the operation command is output to operate the work implement (see at least [0053]; “hen the notification receiving unit 314 of the control device 300 receives a notification from the transport vehicle 200 that it has arrived at the loading point P3 (step S1), the vessel identification unit 315 acquires vehicle data from the transport vehicle 200 (step S2). The vessel identification unit 315 identifies the position of the vessel 201 in the field coordinate system based on the acquired vehicle data (step S3). The vessel identification unit 315 transmits the location of the identified vessel 201 to the work machine 100. The automatic excavation and loading instruction unit 316 reads the positions of the excavation point P22 and the loading point P3 from the control position storage unit 351 (step S4). The automatic excavation and loading instruction unit 316 transmits an automatic excavation and loading instruction to the work machine 100, including the positions of the read-out excavation point P22 and loading point P3 (step S5).”).
Regarding claim 5 Okuwaki discloses a control method for a work machine (see at least [0001]; “This disclosure relates to a control device and control method for a work system”), the work machine comprising:
a revolving body configured to revolve (see at least [0005]; “a work machine comprising a work machine body,” and [0022]; “The control device 125 transmits the rotation speed, position and orientation of the slewing body 120”); and
a work implement attached to the revolving body and having a work tool (see at least [0005]; “a bucket rotatably attached to the tip of the arm…a bucket control unit that generates a first command to rotate the bucket in the soil removal direction unit”), the control method comprising:
identifying a passing point through which the work tool passes during revolution of the revolving body, based on a detection result of a posture of the work implement (see at least [0042]; “The avoidance position identification unit 1215 identifies an interference avoidance position P02, which is the point where the work machine 110 and the transport vehicle 200 do not interfere with each other in a plan view from above, based on the position of the work machine 100, the position of the vessel 201, and the position of the pin of the bucket 113 at the start of control (empty swing start position P01)”);
calculating a corrected passing point by adding a vertical offset, derived from shape data of the work tool, to the height position of the passing point (see at least [0045]; “determines the height of the soil discharge starting position P07 to be the height of the vessel 201 plus the amount of change in the height of the bucket 113 due to the automatic soil discharge control which has been determined in advance, the height of the bucket 113, and the height of the control margin of the bucket 113. The height of the bucket 113 refers, for example, to the height from the ground surface to the lowest point of the bucket 113. The control margin height is a margin determined according to the variation in the height error of the bucket 113 caused by sensor errors or control delays,” and [0042]; “the interference avoidance position P02 is at the same height as the empty rotation start position P01…the pin of the bucket 113 moves to the empty-load slewing start position P01, which is higher than the soil discharge start position P07, by the soil discharge control described later,” the height of the bucket is added to the height of the vessel to avoid interference during discharge control); and
performing control such that the work tool passes through the corrected passing point during the revolution (see at least [0057]; “The down-swing control unit 1219 generates commands to drive the swing body 120, boom 111, arm 112, and bucket 113 to reach the excavation position P05 based on the control positions determined in step S103. The command output unit 1224 outputs each of the generated commands (step S104).”).
Regarding claim 6 Okuwaki discloses all of the limitations of claim 5. Additionally, Okuwaki discloses wherein, in the identifying, the passing point is identified based on a detection result of a posture of the work implement when an operation signal based on a manual operation is input (see at least [0053]; “when the notification receiving unit 314 of the control device 300 receives a notification from the transport vehicle 200 that it has arrived at the loading point P3 (step S1), the vessel identification unit 315 acquires vehicle data from the transport vehicle 200 (step S2). The vessel identification unit 315 identifies the position of the vessel 201 in the field coordinate system based on the acquired vehicle data (step S3). The vessel identification unit 315 transmits the location of the identified vessel 201 to the work machine 100. The automatic excavation and loading instruction unit 316 reads the positions of the excavation point P22 and the loading point P3 from the control position storage unit 351 (step S4). The automatic excavation and loading instruction unit 316 transmits an automatic excavation and loading instruction to the work machine 100, including the positions of the read-out excavation point P22 and loading point P3 (step S5).”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210254304 teaches a control device of the loading machine which specifies a lowest passing point of the bucket.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEIGH NICOLE TURNBAUGH whose telephone number is (703)756-1982. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hitesh Patel can be reached at (571) 270-5442. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHLEIGH NICOLE TURNBAUGH/Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
6/16/26
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