DETAILED ACTION
1. 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.
2. Claims 1-20 are pending in Instant Application.
Information Disclosure Statement
3. The information disclosure statement (IDS) filed 08/11/2025 has been received and considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Examiner’s Note
4. Examiner has cited particular paragraphs/columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in their entirety as potentially teaching all of part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims.
Double Patenting
5. The non-statutory obvious double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory obvious double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 20230183944. Although the claims at issue are not identical, they are not patentably distinct from each other, which can be shown below. Bolded portions showcase exact similarities and underlined and italicized portions showcase a similarity that is obvious to one or ordinary skill in the art.
Application No. 19/296,668
US Patent 20230183944
A system for autonomously operating a compactor in tandem with an earthmoving machine, the system comprising: a first controller associated with the earthmoving machine, wherein the first controller receives information pertaining to a work area on which the earthmoving machine is required to perform at least one operation; and a central controller in communication with the first controller, wherein the central controller is configured to: receive, from the first controller, the information pertaining to the work area on which the earthmoving machine is required to perform the at least one operation; analyze the work area for virtually segmenting the work area into a plurality of virtual work areas based on a receipt of the information pertaining to the work area; receive, from the first controller, data indicative of a movement of the earthmoving machine through each virtual work area from the plurality of virtual work areas; determine an optimal direction of movement for the compactor on at least one virtual work area from the plurality of virtual work areas such that the compactor is configured to move along the optimal direction of movement during the autonomous operation of the compactor, the optimal direction of movement being generated by taking into consideration at least two of: a pattern of movement executed by the earthmoving machine, a geometry of the work area, and a longest traversable path for the compactor; generate a virtual fence around the at least one virtual work area from the plurality of virtual work areas based on generation of the optimal direction of movement for the compactor; transmit information pertaining to the optimal direction of movement to the compactor; and command the compactor to move in the optimal direction of movement when the earthmoving machine is outside the virtual fence generated around the at least one virtual work area.
1. A system for generating a work plan for autonomous operation of a compactor in tandem with an earthmoving machine, the system comprising:
a first controller associated with the earthmoving machine, wherein the first controller receives information pertaining to a work area on which the earthmoving machine is required to perform at least one operation; and
a central controller coupled in communication with the first controller, wherein the central controller is configured to:
receive, from the first controller, the information pertaining to the work area on which the earthmoving machine is required to perform the at least one operation;
analyze the work area for virtually segmenting the work area into a plurality of virtual work areas based on a receipt of the information pertaining to the work area;
receive, from the first controller, data indicative of a movement of the earthmoving machine through each virtual work area from the plurality of virtual work areas;
determine an optimal direction of movement for the compactor on at least one virtual work area from the plurality of virtual work areas based on the data indicative of the movement of the earthmoving machine, such that the compactor is configured to move along the optimal direction of movement during the autonomous operation of the compactor, the optimal direction being generated by taking into consideration the movement patterns of the earthmoving machine, and by taking into consideration the geometry of the work area including determining an orientation of passes of the earthmoving machine;
generate a virtual fence around the at least one virtual work area from the plurality of virtual work areas based on generation of the optimal direction of movement for the compactor; and
transmit information pertaining to the optimal direction of movement to the compactor when the earthmoving machine is outside the virtual fence generated around the at least one virtual work area; and
control the compactor to move in the optimal direction.
2. The system of claim 1, wherein the longest traversable path for the compactor is identified by, the second controller by, determining a topography of the at least one virtual work area including identifying a grade, and the compactor is controlled to move in the optimal direction of movement such that the compactor does not travel across the grade at any angle with respect to the grade that can cause the compactor to tip over.
The system of claim 1, wherein the central controller is configured to: receive, from the first controller, a plurality of position inputs associated with the earthmoving machine, wherein each position input from the plurality of position inputs is indicative of the position of the earthmoving machine on the at least one work area with respect to time; generate a plurality of vectors based on an analysis of the plurality of position inputs; and determine the optimal direction of movement for the compactor based on an average dot product of the plurality of vectors.
3. The system of claim 1, wherein the longest traversable path for the compactor is identified by analyzing a surface condition of the at least one virtual work area, and the compactor is controlled to move in the optimal direction of movement such that the surface condition does not cause the compactor to deviate from the optimal direction of movement.
3. The system of claim 1, wherein the central controller is configured to analyze at least one of a plurality of convex vertices and at least one of a plurality of concave vertices on the work area for virtually segmenting the work area into the plurality of virtual work areas.
4. The system of claim 1, wherein the central controller determines a first optimal direction of the compactor in a first work area of the plurality of virtual work areas and a second optimal direction of the compactor in a second work area of the plurality of virtual work areas, the first work area and the second work area being adjacent, and the first optimal direction and the second optimal direction being the same.
4. The system of claim 3, wherein the central controller is configured to virtually segment the work area into the plurality of virtual work areas based on an angle defined by the plurality of concave vertices, and wherein the plurality of virtual work areas includes at least one of a structured virtual work area and an unstructured virtual work area.
5. The system of claim 1, wherein the central controller determines a first optimal direction of the compactor in a first work area of the plurality of virtual work areas and a second optimal direction of the compactor in a second work area of the plurality of virtual work areas, the first work area and the second work area being adjacent, and the first optimal direction and the second optimal direction being different.
5. The system of claim 3, wherein the central controller is configured to determine at least one of an entry point for the compactor and an exit point for the compactor based on an analysis of the plurality of convex vertices.
6. The system of claim 1, wherein the longest traversable path places the compactor at risk of damage, and the central controller determines the optimal direction of movement by taking into consideration only the pattern of movement executed by the earthmoving machine, and the geometry of the work area.
6. The system of claim 1, wherein an area of the virtual fence is configured to be greater than an area of the at least one virtual work area.
7. The system of claim 1, wherein the central controller is configured to determine at least one of an entry point for the compactor and an exit point for the compactor for each work area.
5. The system of claim 3, wherein the central controller is configured to determine at least one of an entry point for the compactor and an exit point for the compactor based on an analysis of the plurality of convex vertices.
8. A method for autonomously operating a compactor in tandem with an earthmoving machine, the method comprising: receiving, by a first controller associated with the earthmoving machine, information pertaining to a work area on which the earthmoving machine is required to perform at least one operation; receiving, by a central controller, information pertaining to the work area on which the earthmoving machine is required to perform the at least one operation from the first controller, the central controller is coupled in communication with the first controller; analyzing, by the central controller, the work area for virtually segmenting the work area into a plurality of virtual work areas based on a receipt of the information pertaining to the work area; receiving, by the central controller, data indicative of a movement of the earthmoving machine through each of the plurality of virtual work areas from the first controller; determining, by the central controller, an optimal direction of movement for the compactor on at least one virtual work area from the plurality of virtual work areas such that the compactor is configured to move along the optimal direction of movement during the autonomous operation of the compactor, the optimal direction of movement being generated by taking into consideration at least two of: a pattern of movement executed by the earthmoving machine, a geometry of the work area, and a longest traversable path for the compactor; generate, by the central controller, a virtual fence around the at least one virtual work area from the plurality of virtual work areas based on generation of the optimal direction of movement for the compactor; transmit, by the central controller, information pertaining to the optimal direction of movement to the compactor; and command, by the central controller, the compactor to move in the optimal direction of movement when the earthmoving machine is outside the virtual fence generated around the at least one virtual work area.
See above claim 1
9. The method of claim 8, wherein: the step of determining the optimal direction of movement of the compactor further comprises analyzing a topography of the at least one virtual work area including identifying a grade; and the step of controlling the compactor to move in the optimal direction of movement further comprises controlling the compactor such that the compactor does not travel over the grade horizontally, thereby preventing the compactor from tipping.
See above claim 2.
10. The method of claim 8, wherein: the step of determining the optimal direction of movement of the compactor further comprises analyzing a surface condition of the at least one virtual work area; and the step of controlling the compactor to move in the optimal direction of movement further comprises controlling the compactor such that the surface condition does not cause the compactor to deviate from the optimal direction of movement.
See above claim 3.
11. The method of claim 8, wherein the step of determining the optimal direction of movement of the compactor further comprises determining, via the central controller, a first optimal direction of the compactor in a first work area of the plurality of virtual work areas and determining, via the central controller, a second optimal direction of the compactor in a second work area of the plurality of virtual work areas, the first work area and the second work area being adjacent, and the first optimal direction and the second optimal direction being the same.
See above claim 4.
12. The method of claim 8, wherein the step of determining the optimal direction of movement of the compactor further comprises determining, via the central controller, a first optimal direction of the compactor in a first work area of the plurality of virtual work areas and determining, via the central controller, a second optimal direction of the compactor in a second work area of the plurality of virtual work areas, the first work area and the second work area being adjacent, and the first optimal direction and the second optimal direction being different.
See above claim 5.
13. The method of claim 8, wherein the longest traversable path places the compactor at risk of damage, and the central controller determines the optimal direction of movement by taking into consideration only the pattern of movement executed by the earthmoving machine, and the geometry of the work area.
See above claim 6.
14. The method of claim 8 further comprising determining, by the central controller, at least one of an entry point for the compactor and an exit point for the compactor within the plurality of virtual work areas.
See above claim 7.
15. A computer readable medium having computer executable instructions for performing a method for autonomously operating a compactor in tandem with an earthmoving machine, the method comprising: receiving information pertaining to a work area on which the earthmoving machine is required to perform at least one operation; analyzing the work area for virtually segmenting the work area into a plurality of virtual work areas based on a receipt of the information pertaining to the work area; receiving data indicative of a movement of the earthmoving machine through each of the plurality of virtual work areas; determining an optimal direction of movement for the compactor on at least one virtual work area from the plurality of virtual work areas such that the compactor is configured to move along the optimal direction of movement during the autonomous operation of the compactor, the optimal direction of movement being generated by taking into consideration at least two of: a pattern of movement executed by the earthmoving machine, a geometry of the work area, and a longest traversable path for the compactor; generating a virtual fence around the at least one virtual work area from the plurality of virtual work areas based on generation of the optimal direction of movement for the compactor; transmitting information pertaining to the optimal direction of movement to the compactor; and commanding the compactor to move in the optimal direction of movement when the earthmoving machine is outside the virtual fence generated around the at least one virtual work area.
See above claim 1.
16. The computer readable medium of claim 15 further comprising determining the optimal direction of movement of the compactor by analyzing a topography of the plurality of virtual work areas including identifying a grade, and controlling the compactor to move in the optimal direction of movement such that the compactor does not travel over the grade horizontally, thereby preventing the compactor from tipping.
See above claim 2.
17. The computer readable medium of claim 15 further comprising determining the optimal direction of movement of the compactor by analyzing a surface condition of the plurality of virtual work areas, and controlling the compactor to move in the optimal direction of movement such that the surface condition does not cause the compactor to deviate from the optimal direction of movement.
See above claim 3.
18. The computer readable medium of claim 15 further comprising determining the optimal direction of movement of the compactor by determining a first optimal direction of the compactor in a first work area of the plurality of virtual work areas and determining a second optimal direction of the compactor in a second work area of the plurality of virtual work areas, the first work area and the second work area being adjacent, and the first optimal direction and the second optimal direction being the same.
See above claim 4.
19. The computer readable medium of claim 15 further comprising determining the optimal direction of movement of the compactor by determining a first optimal direction of the compactor in a first work area of the plurality of virtual work areas and determining a second optimal direction of the compactor in a second work area of the plurality of virtual work areas, the first work area and the second work area being adjacent, and the first optimal direction and the second optimal direction being different.
See above claim 5.
20. The computer readable medium of claim 15 further comprising determining at least one of an entry point for the compactor and an exit point for the compactor of each of the plurality of virtual work areas.
See above claim 7.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
US reference (US 20210149403) discloses generating a work plan for autonomous operation of a compactor with an earth moving machine wherein a first controller receives information pertaining to a work area in which the earth moving machine is required to perform at least one operation, and a central controller coupled in communication with the first controller and receive from the first controller information pertaining to the work area. Further discloses generating a virtual fence and receiving data based on a movement of the earth moving machine. US reference (US 20230081284) discloses analyzing the work area for virtually segmenting the work area into a plurality of virtual work areas based on received information. US reference (US 20200356088) further discloses transmitting information pertaining to the optimal movement of the compactor.
The prior art on record does not teach, describe and/or suggest “determine an optimal direction of movement for the compactor on at least one virtual work area from the plurality of virtual work areas such that the compactor is configured to move along the optimal direction of movement during the autonomous operation of the compactor, the optimal direction of movement being generated by taking into consideration at least two of: a pattern of movement executed by the earthmoving machine, a geometry of the work area, and a longest traversable path for the compactor; generate a virtual fence around the at least one virtual work area from the plurality of virtual work areas based on generation of the optimal direction of movement for the compactor; ... and command the compactor to move in the optimal direction of movement when the earthmoving machine is outside the virtual fence generated around the at least one virtual work area. “ of the invention set forth in claim 1.
The dependent claims are allowable at least based on their dependence from the now allowable independent claim.
Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210149403 – This description provides an autonomous or semi-autonomous earth shaping vehicle that is capable of cooperatively executing an earth shaping routine in a dig site with other earth shaping vehicles. A first earth shaping vehicle configured with a tool for excavating earth navigates to a dig location containing earth to be excavated. The first earth shaping vehicle identifies a loading location where the first vehicle may transfer earth to a second earth shaping vehicle configured with a tool for hauling earth between locations. Upon navigating to the loading location and detecting the second earth shaping vehicle at the loading location, the first earth shaping vehicle transfers earth from its excavation tool to the hauling tool of the second earth shaping vehicle.
US 20230081284 – An area registration method including setting information about a work vehicle that autonomously travels in a travel area; setting a work area which is included in the travel area and in which the work vehicle performs work; setting a headland area that is included in the travel area and is located on the outer side of the work area; and, when an operation for inputting the set information of the headland area is received after the work area and the headland area have been set, changing the sizes of the work area and the headland area on the basis of the inputted set information.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NADA MAHYOOB ALQADERI whose telephone number is (571) 272-2052. The examiner can normally be reached Monday – Friday, 8AM-5PM.
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/NADA MAHYOOB ALQADERI/Examiner, Art Unit 3664
/REDHWAN K MAWARI/Primary Examiner, Art Unit 3664
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