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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) were/was submitted on 07/14/2025, 10/03/2025, 10/14/2025, 06/03/2026, 08/24/2026. The information disclosure statement(s) have/has been considered by the examiner.
Status of Application
Claims 1-20 are pending.
No claims are amended.
No claims are withdrawn from consideration.
No claims are cancelled.
No claims are added.
Claims 1, 11, and 19 are independent claims.
Claims 1-20 will be examined.
This Non-Final Office action is in response to the “Claims” dated 07/14/2025.
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(s) 1-3, 6-12, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over HURWITZ et al., US 20250163672, herein further known as Hurwitz, in view of VIERECK et al., US 20130182237, herein further known as Viereck.
Regarding claim 1, Hurwitz discloses a machine guidance system comprising: a sensor suite configured to be mounted on a construction vehicle (¶¶ [0004], [0007, [0013], claim 30), the sensor suite including: an optical sensor configured to emit light pulses and to receive reflected light (¶ [0019], Lidar sensor), the optical sensor generating point cloud data from a field of view (¶ [0045]) that includes a moveable part of the construction vehicle (¶¶ [0071], orientation of the vehicle and/or of the sensor (e.g., by changing orientation of a movable vehicle part on which the sensor is located, by changing orientation of the vehicle chassis on which the sensor is located, etc.), 3D point cloud data, [0072], generate one or more predictive models for the vehicle (e.g., one or more trained MPC models), position of the sensor relative to the point(s) on the vehicle, [0088], movement/motion data) (¶¶ [0028], [0033]) and output location data indicative of a geographic location of the construction vehicle (¶¶ [0020], provide relative or absolute location and/or direction information (e.g., one or more GPS receivers… [0024], [0033]); and movement sensor configured to generate movement data indicative of at least one of acceleration, angular velocity, or orientation of the construction vehicle (¶¶ [0020], INS-DU (inertial navigation system —dual antenna), gathers IMU data such as acceleration and angular velocity; etc.), [0024-0026], IMU units 285 (e.g., each using 3-axis precision magnetometers, accelerometers and gyroscopes along with GPS data, such as RTK-corrected GPS data, for high-precision position determination) or other inertial navigation systems, on-vehicle sensors that includes current position and orientation, [0045], sensor position and orientation (such as from module 146i), one or more INS-DU or other IMU units to assist in determining vehicle position (e.g., with respect to orientation and in some cases position of the INS-DU or other IMU units, [0071-0073], [0077-0078], sensors may include determining a current position and orientation); and a processing unit electrically coupled to the sensor suite (¶¶ [0023], [0032]), the processing unit configured to fuse the point cloud data, the location data, and the movement data (¶ [0071], block 315, 320, see also FIG. 3A), the processing unit configured to calculate a position and orientation of the moveable part of the construction vehicle (¶ [0071], determine current position and orientation), identify an obstacle outside of the construction vehicle (¶¶ [0018-0020], detect , identify, classify obstacle), and generate a terrain map using the point cloud data (¶¶ [0026], [0030], [0046), the location data, and the movement data (¶¶ [0026], [0030], motion, movement location) that is fused (¶¶ [0015], aggregating gathered actual operational data and/or site map data, [0018], obtain and integrate data from sensors of multiple types positioned on a powered earth-moving vehicle, [0071], sensor data may be gathered repeatedly (e.g., continuously), gather the environment data, such as for each of one or more LiDAR sensors and/or one or more image sensors (e.g., as part of one or more cameras) and/lor one or more infrared sensors. algorithm refines the parameters in order to determine a best match between data points in the pair of datasets, aggregating (i.e. fused) some or all such environmental data in a common storage location accessible to some or all such vehicles).
However, Hurwitz does not explicitly state a vehicle bearing a reflector.
Viereck teaches a vehicle bearing a reflector (¶ [0076], reflecting target 18 which is attached to the lifting carriage 26 and is a retroreflective surface 39 which reflects light beams).
Furthermore, Viereck also teaches a sensor suite (¶¶ [0005], [0008-0010], [0016], laser distance sensors (plurality), [0018], [0037], [0039], [0066], [0073], see also FIG. 5).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to incorporate into Hurwitz the vehicle bearing a reflector and sensor suite as taught by Viereck.
One would be motivated to modify Hurwitz in view of Viereck for the reasons stated in Viereck paragraph [0010], more robust methods and systems using a laser distance sensor effectively to interface with a reflecting target without making the horizontal surface of the reflecting target correspondingly large where limited space available for the reflecting target.
Regarding claim 2, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
Hurwitz discloses further the processing unit (¶¶ [0023], [0032]) is configured to change or stop movement of the construction vehicle or the moveable part (¶¶ [0016], autonomous control of operations, implementing the planned motion/movement via automated manipulation of controls of the vehicle, preventing motion/movements of the powered earth-moving vehicle… controlled stoppage operations, gradual turning operations, [0018], performing movement-related operations (e.g., balancing-related, slippage-related, steering-related, related to tool attachment placement, related to emergency stopping), or direct an asset control unit to change or stop the movement of the construction vehicle or the moveable part, based on one or more of the position and orientation of the moveable part that is determined, the obstacle that is identified (¶¶ [0018], implementing actions to address any such obstacles (e.g., move, avoid, pass over, etc.)), or the terrain map ([0026], controlled stop based at least in part on the slope of the surface that the vehicle is approaching).
Regarding claim 3, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
Hurwitz discloses further the optical sensor is a light detection and ranging (LiDAR) sensor (¶¶ [0013], one or more LiDAR sensors, [0019-0020], one or more LiDAR sensors, [0024-0026], LiDAR emitters and sensors, [0033-0036]) .
Regarding claim 6, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
Hurwitz discloses further location sensor includes a global navigation satellite system (GNSS) receiver (¶ [0033]).
Regarding claim 7, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
Hurwitz discloses further the movement sensor is an inertial measurement unit (IMU) sensor (¶¶ [0024], [0040], one or more IMU units 285 (e.g., each using 3-axis precision magnetometers, accelerometers and gyroscopes configured to generate movement data indicative of one or more of roll, pitch (¶ [0040], [0042], measures pitch and roll angles), or yaw (¶ [0086], pitch tilting and/or yaw tilting and/or roll tilting) of the construction vehicle (¶¶ [0004], [0007, [0013], claim 30).
receiver (¶ [0033]).
Regarding claim 8, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
Hurwitz discloses further moveable part comprises one or more of a lift arm (¶ [0040], digging boom arm (or ‘boom’) 206 and stick arm (or ‘stick’) 204, see also FIG. 2A) , a bucket attachment (¶ [0040], ‘scoop’ or ‘claw’ tool attachment 209a, see also FIG. 2A), a mower attachment, a blade, a soil conditioner, or an excavator bucket (¶ [0040], bucket (or ‘scoop’ or ‘claw’) tool attachment 209a, see also FIG. 2A).
Regarding claim 9, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
Hurwitz discloses further the processing unit is configured to generate the terrain map by segmenting the point cloud data into terrain features, and wherein the processing unit is configured to generate the terrain map by distinguishing the terrain features from the obstacle that also is identified (¶¶ [0017], [0023], [0030], [0032], [0045], see also 2R-2S).
Regarding claim 10, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
Hurwitz discloses further the processing unit is further configured to control the movement of the construction vehicle by adjusting a speed or a trajectory of the construction vehicle based on the position and the orientation of the moveable part that is calculated (¶¶ [0023], controlling autonomous operations of the powered earth-moving vehicle, movement of one or more component parts of a vehicle, moving the powered earth-moving vehicle from its current location to a determined target destination location, handle any possible obstacles between the current and destination locations), the obstacle that is identified, or the terrain map that is generated (¶¶ [0017], [0023], [0030], [0032], [0045], see also 2R-2S).
Regarding claim 11, all limitations have been examined with respect to the apparatus in claims 1 and 4. The method/steps taught/disclosed in claim 11 can clearly perform on the apparatus of claims 1 and 4. Therefore, claim 11 is rejected under the same rationale as claims 1 and 4 above.
Regarding claim 12, all limitations have been examined with respect to the apparatus in claim 2. The method/steps taught/disclosed in claim 12 can clearly perform on the apparatus of claim 2. Therefore, claim 12 is rejected under the same rationale as claim 2 above.
Regarding claim 15, all limitations have been examined with respect to the apparatus in claim 6 The method/steps taught/disclosed in claim 15 can clearly perform on the apparatus of claim 6. Therefore, claim 15 is rejected under the same rationale as claim 6 above.
Regarding claim 16, all limitations have been examined with respect to the apparatus in claim 7. The method/steps taught/disclosed in claim 16 can clearly perform on the apparatus of claim 7. Therefore, claim 16 is rejected under the same rationale as claim 7 above.
Regarding claim 17, all limitations have been examined with respect to the apparatus in claim 9. The method/steps taught/disclosed in claim 17 can clearly perform on the apparatus of claim 9. Therefore, claim 17 is rejected under the same rationale as claim 9 above.
Regarding claim 18, all limitations have been examined with respect to the apparatus in claim 10. The method/steps taught/disclosed in claim 18 can clearly perform on the apparatus of claim 10. Therefore, claim 18 is rejected under the same rationale as claim 10 above.
Regarding claim 19, all limitations have been examined with respect to the apparatus in claims 1 and 4. The system taught/disclosed in claim 19 can clearly perform the same as apparatus of claims 1 and 4. Therefore, claim 19 is rejected under the same rationale as claims 1 and 4 above.
Furthermore, Hurwitz discloses a second location, the reference location and the second location indicative of a heading (¶¶ [0036-0038], heading direction 207 is determined to be different, and a pitch of the construction vehicle (¶¶ [0022], vehicle orientation in 3D space, such as vehicle pitch involving height of the vehicle front and/or back relative to level, [0040], [0060], [0062-0063], absolute vehicle pitch, [0071], vehicle pitch tilting, [0080]).
Regarding claim 20, all limitations have been examined with respect to the apparatus in claim 10. The system taught/disclosed in claim 20 can clearly perform the same as apparatus of claim 10. Therefore, claim 20 is rejected under the same rationale as claim 10 above.
Claim(s) 13 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hurwitz and Viereck, further in view of FUJIWARA et al., US 20240338033, herein further known as Fujiwara.
Regarding claim 4, the combination of Hurwitz and Viereck disclose all elements of claim 3 above.
Hurwitz discloses further the LiDAR sensor is a front LiDAR sensor mounted closer to a front of the construction vehicle than a rear of the construction vehicle (¶¶ [0024-0025], LiDAR components 260 (e.g., with LiDAR emitters and sensors, see also FIGS. 2A-2D, 2F), and generate the point cloud data for the processing unit to fuse with the location data and the movement data (¶¶ [0026], [0030], [0046), (¶¶ [0026], [0030], motion, movement location), (¶¶ [0015], aggregating gathered actual operational data and/or site map data, [0018], obtain and integrate data from sensors of multiple types positioned on a powered earth-moving vehicle, [0071], sensor data may be gathered repeatedly (e.g., continuously), gather the environment data, such as for each of one or more LiDAR sensors and/or one or more image sensors (e.g., as part of one or more cameras) and/lor one or more infrared sensors. algorithm refines the parameters in order to determine a best match between data points in the pair of datasets, aggregating (i.e. fused) some or all such environmental data in a common storage location accessible to some or all such vehicles), construction vehicle (¶¶ [0004], [0007, [0013], claim 30).
However, Hurwitz does not explicitly state a rear LiDAR sensor mounted closer to the rear of vehicle than the front.
Fujiwara teaches a rear LiDAR sensor mounted closer to the rear of the vehicle than the front (¶¶ [0120], [0122], [0134], LiDAR sensor 140b, which senses the rear of the work vehicle, see also FIG. 11A).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to incorporate into Hurwitz the rear LiDAR sensor mounted closer to the rear of the vehicle than the front as taught by Fujiwara.
One would be motivated to modify Hurwitz in view of Fujiwara for the reasons stated in Fujiwara paragraph [0083], more robust methods and systems which allows the accuracy of the positioning to be further improved.
Regarding claim 13, all limitations have been examined with respect to the apparatus in claim 4. The method/steps taught/disclosed in claim 13 can clearly perform on the apparatus of claim 4. Therefore, claim 13 is rejected under the same rationale as claim 4 above.
Claim(s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hurwitz and Viereck, further in view of METZLER, US 20140350886, herein further known as Metzler.
Regarding claim 5, the combination of Hurwitz and Viereck disclose all elements of claim 1 above.
However, Hurwitz does not explicitly state guidance system further comprising the reflector, wherein the reflector is a passive reflector.
Metzler teaches guidance system further comprising the reflector, wherein the reflector is a passive reflector (¶ [0127], retroreflector forming the target object, see also FIG. 3b).
It would have been obvious to person of ordinary skill in the art before the effective filing date of the invention, with a reasonable expectation of success, to incorporate into Hurwitz the guidance system further comprising the reflector, wherein the reflector is a passive reflector as taught by Metzler.
One would be motivated to modify Hurwitz in view of Metzler for the reasons stated in Metzler paragraph [0147], more robust methods and systems wherein the accuracy of position and/or speed determination is increased.
Regarding claim 14, all limitations have been examined with respect to the apparatus in claim 5. The method/steps taught/disclosed in claim 14 can clearly perform on the apparatus of claim 5. Therefore, claim 14 is rejected under the same rationale as claim 5 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Terry Buse whose telephone number is (313)446-6647. The examiner can normally be reached Monday - Friday 8-5 PM EST.
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/TERRY C BUSE/ Examiner, Art Unit 3666
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