Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
`
`REMARKS/ARGUMENTS
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`Upon entry of the present amendment, claims 1-5, 8-14, and 17-20 will be pendingin this
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`application. Claims 1, 11, and 20 have been amended, no claims have been canceled, and no
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`claims have been added. No new matter is added. Based on the following remarks, Applicant
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`respectfully requests reconsideration and allowance of the pending claims.
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`Office Action Summary
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`Claims 1-20 are rejected under 35 U.S.C. §101 because the claimed invention is directed
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`to an abstract idea without significantly more.
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`Claims 1-2, 4-5, 8, 11-12, 14, 17 and 19-20 are rejected under 35 U.S.C. §103 as being
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`unpatentable over Kamonet al. (U.S. Publication No. 2022/0220709) (hereinafter, “Kamon”) in
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`view of Hamadaetal. (U.S. Publication No. 2021/0292999) (hereinafter, “Hamada’).
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`Claims 3 and 13 are rejected under 35 U.S.C. §103 as being unpatentable over Kamon in
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`view of Hamadaandin further view of Kowalchuk (U.S. Publication No. 2014/0196919)
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`(hereinafter, “Kowalchuk’).
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`Claims 9 and 18 are rejected under 35 U.S.C. §103 as being unpatentable over Kamon in
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`view of Hamadaandin further view of Hurd et al. (U.S. Publication No. 2020/0326715)
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`(hereinafter, “Hurd’).
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`Claim 10 is rejected under 35 U.S.C. §103 as being unpatentable over Kamonin view of
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`Hamadaandin further view of Cohenet al. (U.S. Publication No. 2021/0025 143) (hereinafter,
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`“Cohen’).
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`Rejections Under 35 U.S.C. § 101
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`Without conceding the correctness of the rejection, and solely in the interest of expediting
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`prosecution, Applicant has amended independent claims 1, 11, and 20 to include additional
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`features that further direct the claim away from ineligible subject matter. As such, Applicant
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`respectfully requests reconsideration and withdrawal of the rejections under 35 U.S.C. § 101.
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`Rejections Under 35 U.S.C. § 103
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`KILPATRICK TOWNSEND785499531
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`Page 6 of 13
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`

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`Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
`
`Brief review of Kamon
`
`FIG. 1 of Kamon, whichis reproduced below, showsa “construction machinery 1000
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`with learning function ... provided with a working part 104, an operating part 103, a
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`manipulating part 101, a work-state detecting part 112, an operation-state detecting part 113, a
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`reaction detecting part 114, a learning data memory 115, a learning module 118, and a hydraulic
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`drive system 105” (Kamon at [0079]).
`
`Aes
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`oo
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`FIG. 3 of Kamon, whichis reproduced below, shows a “ hydraulic excavator 10 with
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`learning function ... provided with the body part 102 ... provided with a traveling body (carrier)
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`19” and where a “ swiveling body 15 is provided on the body part 102 so as to be swivable about
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`a vertical first rotary axis Al” and “is further provided with a swiveling motor 14 which causes
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`the swiveling body 15 to swivel” (/d. at [0114]-[0115]).
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`KILPATRICK TOWNSEND785499531
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`Page 7 of 13
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`

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`Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
`
`
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`Kamonfurther describesthat “[t]he swiveling body 15 or the body part 102 of the
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`hydraulic excavator 10 is provided with a gyroscope 314”that “detects ... vibration (including an
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`excitation force, acceleration, and angular acceleration) of the swiveling body 15 or the body part
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`102, ... and vibration data as the reaction data 214.” (/d. at [0114]-[0115]). Kamon further
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`describes that “when the bucket 18 acts on the ground (digs the ground, rakes the earth, etc.), the
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`operator determines, by sensing the reaction, whetheror not the intended work (action) is
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`performed... [t]hen, the operator determines the next manipulation instantly considering these”
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`(/d. at [0181]).
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`Brief review of Hamada
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`Asbest understood, Hamada describes a “work analysis system” in which “[bly
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`recognizing the parameters output by [a] work analysis device ... a user can evaluate an operator
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`or analyze the work” (Hamada at [0018]-[0022]).
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`FIG. 7 of Hamada, which is reproduced below, showsa “learning process of the work
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`analysis device” that includes “receiv[e] a time series of state data of the work machine 100 (step
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`S1) ... stor[e] the time series of the received state data in the state data storage unit 331 in
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`association with an ID of the work machine 100 (step S2) ... receiv[e] a moving image captured
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`by the imaging device 127 of the work machine 100 ... (step S3) ... receiv[e] a plurality of
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`pieces of label data from the labeling device 200 (step S5) ... stor[e] the plurality of pieces of
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`KILPATRICK TOWNSEND 78549953 1
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`Page 8 of 13
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`Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
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`label data in the label data storage unit 333 in association with the ID of the work machine 100
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`(step S6) ... us[e] a plurality of time series of the state data ... and the plurality of pieces of the
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`label data ... as training data to learn a unit work prediction model (step $7) ... us[e] a plurality
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`of time series of the state data ... and the plurality of pieces of the label data of the element work
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`... a§ training data to learn an element work prediction model (step $9)” (/d. at [0112]-[0116]).
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`FIG. 7
`
`rm
`
`th.
`RECEIVE TIME SERIES OF STATE DATA
`
`F--§1
`
`STORE TEBE SERIES OF STATE DATA - 32
`
`1
`
`ed
`
`Leeneennennntnnnnennene
`
`
`
`L -$3
`RECEIVE MOVING IMAGE
`LoCd
`ah
`see
`yunse
`
`STORE MOVING IMAGE
`
`ib $4
`
`REGEIVE LABEL DATA
`
`
`
`of $5
`
`|
`
`|
`
`
`
`
`
`STORE LABEL DATA
`+86
`
`
`
`
`LEARNING OF
`LearaterteBaneinne
`UNIT WORK PREDICTION MODEL
`
`STORE UNIT WORK PREDICTION MODEL
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`~ $7
`
`+~S$8
`
`$9
`
`LEARNING OF
`| ELEMENT WORK PREDICTION MODEL
`
`L STORE ELEWENT WORK PREDICTION MODEL Sto
`
`END
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`FIG. 9 of Hamada, which is reproduced below, shows “heat maps representing a
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`likelihood time series related to unit works and a likelihood time series related to element works”
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`KILPATRICK TOWNSEND785499531
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`Page 9 of 13
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`Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
`
`where “heat map H1 ... represents the likelihood timeseries related to the unit works” and “map
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`H2 ... represents the likelihood timeseries related to the element works” (/d. at [0121]-[0122]).
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`Hamada further describes that “a work state in which a plurality of unit worksor a plurality of
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`element works are performed in combination or a work state in which a classification of a work
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`seamlessly movesto a classification of a different work is represented as a state in which
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`likelihood of a plurality of classifications of worksis high at the same time” (/d. at [0122]).
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`FIG. 9
`
`EXCAVATING AND LOADING “RY
`SCRAPING T
`SLOPING FROM BELOW)
`
`§
`LOAD COLLECTION “EE
`TRAVELING |
`STOPPING
`4:27 14:32
`
`_
`
`¥
`14:43
`
`14:38
`
`$4049
`
`14054
`
`90:00
`
`76:05 1ST 15:16
`
`15-22
`
`~
`LOAD PLATFORK PRESSING x
`
`EXCAVATION PRES
`LOAD SWING “E
`WAITING FOR DUMPING]
`
`puMP ING 7S
`
`EMPTY LOAD SWING
`
`4:27 14:28
`
`14:29
`
`14:30
`
`
`r
`se ___.
`T
`sabes
`14:32
`14:33
`14:94
`14:35
`14:36
`
`=
`#4:31
`
`14:37
`
`LOW LIKELIHOOD --————— HIGH LIKELTHOOD
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`Amendment
`
`Without conceding the correctness of the rejections, and solely in the interest of
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`expediting prosecution, Applicant has amended claim 1 (and similarly claims 11 and 20)to recite
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`the following features:
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`KILPATRICK TOWNSEND785499531
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`Page 10 of 13
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`

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`Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
`
`predicting an IOGstart time based on a transition betweenafirst
`cluster of the set of IIA candidates and a cluster of the set ofOG candidates and
`an IOG endtime based on_a transition betweenthe cluster of the set ofOG
`candidates and a second cluster of the set of IIA candidates, the IOG start time
`and the IOG end time forming the period during which the implementis
`interacting with the ground surface.
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`Support for this amendmentcan be foundat least in FIG. 8, which is reproduced below,
`
`and paragraph [0073 ]-[0074] of the published application, which state the following (emphasis
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`added):
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`[0073] FIG.8 illustrates an example of a prediction of IOG periods based on a
`vibration signal and its corresponding amplitude features 847, in accordance with
`some embodiments of the present disclosure. Also shownare predictions for IOG
`start times 836 and IOG endtimes 838 andthe truth reference indicating when the
`IOG periods occur. In the illustrated example, amplitude features 847 represent
`the changes in the amplitude of the vibration/acceleration signal. Each value in
`amplitude features 847 is calculated by summing the magnitude ofa first window
`including 8 values and dividing by the sum of the magnitude of a second window
`including 64 values. The two windowsare aligned at the last sample of the
`windows.
`[0074] The illustrated amplitude features of the vibration signal are provided to a
`machine-learning model which generates IOG candidates 844 and IIA candidates
`845, which are illustrated in FIG. 8 at their associated times. During a post-
`processing stage, clusters of IOG candidates 844 andclusters of IIA
`candidates 845 maybeidentified. The transitions from clusters of ITA
`candidates 845 to clusters of [OG candidates 844 maybe used to predict IOG
`start times 836 based on, for example, the time of the first [OG candidate in
`each IOG cluster. The transitions from clusters of IOG candidates 844 to
`clusters of ITA candidates 845 maybe used to predict IOG end times 838
`based on,for example, the time of the first ITA candidate in each ITA cluster
`and/or the time of the last [OG candidate in each [OG cluster.
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`KILPATRICK TOWNSEND785499531
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`Page 11 of 13
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`

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`Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
`
`42
`
`<=
`
`@ (OG Candidates 844
`
`
`
` © BA Candidates 845 AmpiiadeFeatures2fVibrationSignal
`
`
`
`92
`
`
`weys + wh OeEdTineBAa " wRLe.MoenYeBikes e
`gLrs|
`agsnehas: Hf relmsepies 1, 008iThre
`a2
`wo a (predicted) a AOGStatTine836 foredisted) i 836ipresiciad)
`
`ot
`
`te
`
`94
`
`g4
`
`85
`
`i
`
`aT
`
`a8
`
`a8
`
`$8
`
`Tare ini]
`
`FIG. 8
`
`Applicant submits that the newly added features in claim 1 are not taught by Kamon,
`
`Hamada, Kowalchuk, Hurd, and Cohen, considered individually or in combination. For example,
`
`while Hamada does describe, in reference to FIG. 9, “heat maps representing a likelihood time
`
`series related to unit works and a likelihood time series related to element works” (Hamada at
`
`[0121]), Hamada does not appear to describe clustering these “time series” and using clusters to
`
`“predic[t] an IOG start time based on a transition between a first cluster of the set of HA
`
`candidates and a cluster of the set of IOG candidates and an IOG endtime based on a transition
`
`between the cluster of the set of IOG candidates and a second cluster of the set of ITA
`
`candidates” as recited in amended claim 1. The remaining cited references do not appear to
`
`remedythe deficiencies in Hamada.
`
`Accordingly, Applicant respectfully requests reconsideration and withdrawal of the
`
`rejections under 35 U.S.C. § 103.
`
`Forat least the foregoing reasons, Applicant submits that claim 1 and similarly claims 11
`
`and 20 are in condition for allowance. Claims 2-5 and 8-10, which depend from claim 1, and
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`claims 12-14 and 17-19, which depend from claim 11, are in condition for allowanceforat least
`
`the reasons discussed in relation to claim 1 as well as for the additional elements they recite.
`
`KILPATRICK TOWNSEND785499531
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`Page 12 of 13
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`

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`Appl. No. 17/493,793
`Amdt. dated July 11, 2024
`Responseto Final Office Action of May 17, 2024
`
`Attorney Docket No.: 101940-1245233
`
`CONCLUSION
`
`In view of the foregoing, Applicant believesall claims now pendingin this application
`
`are in condition for allowance. The issuance of a formal Notice of Allowanceat an early date is
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`respectfully requested.
`
`Except for the issue fees payable under 37 C.F.R. § 1.18, the Director is authorized to
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`charge any additional fees during pendencyofthis application, including any required extension
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`of time fees, or credit any overpayment to Deposit Account Number 20-1430. This paragraphis
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`intended to be a constructive petition for extension of time in accordance with 37 C.F.R. §
`
`1.136(a)(3).
`
`If the Examinerbelieves a telephone conference would expedite prosecution ofthis
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`application, please contact the undersigned at 303-607-3211 or bmellor@ktslaw.com.
`
`Respectfully submitted,
`
`/Brett L Mellor/
`Brett L. Mellor
`Registration No. 71,835
`
`KILPATRICK TOWNSEND & STOCKTON LLP
`
`MK
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`KILPATRICK TOWNSEND785499531
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`Page 13 of 13
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