www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/493,793
`
`10/04/2021
`
`Jung Hyun Jun
`
`101940-033500US- 1245233
`
`9615
`
`Trimble (Caterpillar) / Kilpatrick Townsend
`Mailstop: IP Docketing - 22
`1100 Peachtree Street
`Suite 2800
`Atlanta, GA 30309
`
`KNIGHT, CONNOR LEE
`
`PAPER NUMBER
`
`3666
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/17/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`KTSDocketing2 @ kilpatrick.foundationip.com
`ipefiling @kilpatricktownsend.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`171493,793
`Jun et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`ConnorL Knight
`3666
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 06 February 2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-5,8-14 and 17-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 1-5,8-14 and 17-20 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)7) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [[] Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240509
`
`

`

`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA orAIA Status
`
`The present application, filed on or after March 16, 2013,
`
`is being examined under thefirst
`
`inventorto file provisions of the AIA.
`
`e=This actionis in reply to the amendmentfiled on 06 February 2024.
`
`Status of Claims
`
`e
`
`e
`
`e
`
`Claim(s)6-7 and 15-16 have been canceled.
`
`Claim(s)1-5, 8-14 and 17-20 are currently pending and have been examined.
`
`This actionis made FINAL.
`
`Response to Arguments/Amendments
`
`Applicant's arguments with respect tothe objections to the claims have been fully considered
`
`and are persuasive. The objection to claim(s) 11 has been withdrawn.
`
`Applicant's amendments with respect to the rejection of claim(s) 1-5, 8-14 and 17-20 under 35
`
`U.S.C. 101 have been fully considered but are not persuasive. Nospecific argument was given. The
`
`rejection of claim(s) 1-5, 8-14 and 17-20 under 35 U.S.C. 101 is maintained. See updated rejection
`
`below.
`
`Applicant's arguments, see remarks at page(s) 7-12, filed 06 February 2024, with respect to the
`
`rejection of claim(s) 1-5, 8-14 and 17-20 under 35 U.S.C. 103 over Kamonet al. have been fully
`
`considered but are not persuasive. Specifically, Applicant argues:
`
`“the newly added features in claim 1 are not taught by Kamon, Kamon, Yamada,
`
`Kowaichuk, Hamada, 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
`
`

`

`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 3
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`series related to unit works andalikelihood time series related to element works" (Hamada at
`
`[0121]), these "time series" do not appearto be described as corresponding to "times at which
`
`the implementis interacting with the ground surface" and "times at which the implementis not
`
`interacting with the ground surface" in the manner recited in amended claim 1.”
`
`The Examiner’s Response
`
`With respect to independentclaims 1, 11, and 20, Applicant submits that the newly added
`
`features of “the model output including a set of inplement-on-ground (lOG) candidates corresponding
`
`to times at which the implementis interacting with the ground surface and a set of implement-in-air
`
`(IIA) candidates corresponding to times at which the implement is not interacting with the ground
`
`surface” and “predicting an |OG start time and an |OG end time using the set of |OG candidates and the
`
`set of I|Acandidates”in claim 1 are not taught by Kamon, Yamada, Kowaichuk, Hamada, Hurd, and
`
`Cohen. However, the Examiner respectfully disagrees. While Hamada doesnot explicitly use the exact
`
`wording of the Applicant’s claim, Hamada does suggest the limitations, as broadly interpreted. Hamada
`
`teaches a period determination unit which determines a start point and end point of a period related to
`
`determined classifications of work. Hamada also teachescollecting detection values from a plurality of
`
`sensors of a work machine with associated timestamps. The time stampsor time series of state data
`
`(i.e., indicating a state of the work machine) can be used in a prediction model to output a time series of
`
`work classifications (i.e., a plurality of predicted start and stop times for specific work being done by the
`
`work machine) which aggregatesthe likelihood of the work being performed at eachtime point as the
`
`time series. (see Fig. 9 and at least 4][0007], [0042], [0092], [0095]-[0096], [0120]-[0122] of Hamada).
`
`Therefore, Hamada teachesusing a prediction model to output a time series related to when specific
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`work is being performed and the likelinood of those start and stop times(e.g., during excavation or
`
`scraping) which occursa plurality of times in Fig. 9 of Hamada. While the Examiner agrees that the exact
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`language of the claim limitation is not present in the disclosure of Hamada, the teachings of Hamada
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`

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`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 4
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`does suggest Applicant’s limitation in the invention under a broadest reasonable interpretation. See
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`updated ground(s) of rejection under 35 U.S.C. 103 below made over Kamonetal. (US 20220220709 A1)
`
`in view of Hamadaetal. (US 20210292999 A1).
`
`Claim Rejections - 35 USC § 101
`
`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of
`matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the
`conditions and requirements ofthis title.
`
`Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an
`
`abstract idea without significantly more.
`
`In January, 2019 (updated October 2019), the USPTO released new examination guidelines
`
`setting forth a two-step inquiry for determining whether a claimis directed to non-statutory subject
`
`matter. According to the guidelines, a claimis directed to non-statutory subject matter if:
`
`e
`
`STEP 1: the claim does notfall within one of the four statutory categories of invention
`
`(process, machine, manufacture or composition of matter), or
`
`e
`
`STEP 2: the claim recites a judicial exception, e.g., anabstract idea, without reciting
`
`additional elements that amountto significantly more than the judicial exception, as
`
`determined using the following analysis:
`
`o
`
`STEP2A (PRONG1): Does the claim recite an abstract idea, law of nature, or natural
`
`phenomenon?
`
`o
`
`STEP2A (PRONG2): Doesthe claim recite additional elements that integrate the
`
`judicial exception into a practical application?
`
`o
`
`STEP2B: Does theclaim recite additional elements that amountto significantly
`
`morethan the judicial exception?
`
`

`

`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page5S
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`Using the two-step inquiry, it is clearthat the claims are directed toward non-statutory subject
`
`matter, as shown below:
`
`STEP 1: Do the claimsfall within one of the statutory categories? Yes. Claims 1-5 and 8-10 are
`
`directed towards a method,i.e., process. Claims 11-14 and 17-19 are directed towards a system,i.e.,
`
`machine. Claim 20 is directed towards a method,i.e., process.
`
`STEP 2A (PRONG1): Is the claim directed to a law of nature, anatural phenomenon oran
`
`abstract idea? Yes, the claims are directedto an abstract idea.
`
`With regard to STEP 2A (PRONG 1), the guidelines provide three groupings of subject matter
`
`that are considered abstractideas:
`
`1. Mathematical concepts — mathematical relationships, mathematical formulas or equations,
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`mathematical calculations;
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`2. Certain methods of organizinghuman activity —fundamental economic principles or
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`practices (including hedging, insurance, mitigating risk); commercial or legal interactions
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`(including agreements inthe form of contracts; legal obligations; advertising, marketing or
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`sales activities or behaviors; business relations); managing personal behavior or
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`relationships or interactions between people (including social activities, teaching, and
`
`following rules or instructions); and
`
`3. Mental processes — concepts that are practicably performed in the human mind(including
`
`an observation, evaluation, judgment, opinion).
`
`The method in claims 1-5 and 8-10 (also, the system and method in claims 11-14 and 17-19 and
`
`20, respectively) isa mental process that canbe practicably performed in the human mind and,
`
`therefore, an abstract idea. With regard to independent claims 1, 11 and 20, the method/system (or
`
`computer implemented functionality) recites the steps of: (a) extracting one or more features from the
`
`vibration signal and (b) predicting an lOG start time and an 1OG end time using the set of OG candidates
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`

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`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 6
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`and the set of II[Acandidates, the |OG start time and the |OG end time forming the period during which
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`the implementis interacting with the ground surface. These limitations, under their broadest reasonable
`
`interpretation, cover performance of the limitations in the mind. The Examiner notes that under MPEP
`
`2106.04(a)(2)(II1), the courts consider a mental process (thinking) that "can be performed in the human
`
`mind, or by a human using a pen and paper"to be an abstract idea. CyberSource Corp. v. Retail
`
`Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). As the Federal Circuit
`
`explained, "methods which can be performed mentally, or which are the equivalent of human mental
`
`work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open
`
`to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673
`
`(1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961,
`
`1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic
`
`tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parkerv.
`
`Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978) (same). For example, a person that has been
`
`provided vibration signal data can mentally extract, e.g., determine, one or more features about the
`
`vibration signal and predict an implement-on-ground (lOG) start time and an |OG end time based ona
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`model output, either mentally or using a pen and paper. The mere nominal recitation that the
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`processing operations are being performed by one or more processors(i.e., computer) does not take the
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`limitation out of the mental process grouping. Thus, the claim recites a mental process.
`
`STEP 2A (PRONG2): Doesthe claim recite additional elements that integrate the judicial
`
`exception into a practical application? No, the claim does not recite additional elements that integrate
`
`the judicial exception into a practical application.
`
`With regard to STEP 2A (prong 2), whether the claim recites additional elements that integrate
`
`the judicial exception into a practical application, the guidelines provide the following exemplary
`
`

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`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 7
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`considerations that are indicative that an additional element (or combination of elements) may have
`
`integrated the judicial exception into a practical application:
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`an additional element reflects an improvement inthe functioning of a computer, or an
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`improvementto other technology or technical field;
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`an additional element that applies or uses a judicial exception to effect a particular
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`treatment or prophylaxis for a disease or medical condition;
`
`an additional element implements a judicial exception with, or uses a judicial exception in
`
`conjunction with, a particular machine or manufacture that is integral to the claim;
`
`an additional element effects a transformation or reduction of a particular articletoa
`
`different state or thing; and
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`an additional element applies or uses the judicial exception in some other meaningful way
`
`beyond generally linking the use of the judicial exception to a particular technological
`
`environment, such that the claimas a whole is more than a drafting effort designed to
`
`monopolize the exception.
`
`While the guidelines further state that the exemplary considerations are not an exhaustivelist
`
`and that there may be other examples of integrating the exception into a practical application, the
`
`guidelines also list examples in which a judicial exception has not been integrated into a practical
`
`application:
`
`an additional element merely recites the words “apply it” (or an equivalent) with the judicial
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`exception, or merely includes instructions to implement an abstract idea on a computer, or
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`merely uses a computer as a tool to perform an abstractidea;
`
`an additional element addsinsignificant extra-solution activity to the judicial exception; and
`
`an additional element does no more than generally link the use of a judicial exception toa
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`particular technological environmentorfield of use.
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`

`

`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 8
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`With regardto claim 1, data gathering is a form ofinsignificant extra-solution activity. See MPEP
`
`2106.05(g). Capturing a vibration signal that is indicative of a movementof the implement, is mere data
`
`gathering. Therefore, capturing a vibration signal that is indicative of a movement of the implementis
`
`insignificant extra-solution activity. In addition, outputting data is insignificant extra-solution activity.
`
`See MPEP 2106.05(g). Providing the one or more features toa machine-learning model to generatea
`
`model output the model output including a set of implement-on-ground (lIOG) candidates corresponding
`
`to times at which the implementis interacting with the ground surface and a set of implement-in-air
`
`(IIA) candidates corresponding to times at which the implement is not interacting with the ground
`
`surface, as claimed, is outputting data. Therefore, providing the one or more features toa machine-
`
`learning model to generate a model output the model output including a set of implement-on-ground
`
`(lOG) candidates corresponding to times at which the implementis interacting with the ground surface
`
`and a set of implement-in-air (IIA) candidates corresponding to times at which the implementis not
`
`interacting with the ground surfaceis insignificant extra-solution activity. Therefore, claim 1 does not
`
`recite additional elements that integrate the judicial exception into a practical application.
`
`Claim 11 recites the additional limitations of a “one or more processors” and “a computer-
`
`readable medium comprising instructions that, when executed by the one or more processors, cause the
`
`one or more processors to perform operations”. These limitations of one or more processors anda
`
`computer-readable medium comprising instructions are simply a computer recited at a high level of
`
`generality. The generic computer is used to perform the abstract idea. Using a computer as a tool to
`
`perform the abstract idea does not integrate the exception into a practical application. Data gatheringis
`
`a form ofinsignificant extra-solution activity. See MPEP 2106.05(g). Captureavibration signal that is
`
`indicative of amovementof the implement, is mere data gathering. Therefore, capturing a vibration
`
`signal that is indicative of a movementof the implementis insignificant extra-solution activity. In
`
`addition, outputting data is insignificant extra-solution activity. See MPEP 2106.05(g). Providing the one
`
`

`

`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 9
`
`or more features to a machine-learning model togenerate a model output, the model output including a
`
`set of |OG candidates corresponding to times at which the implementis interacting withthe ground
`
`surface and a set of implement-in-air (IIA) candidates corresponding to times at which the implementis
`
`not interacting with the ground surface, as claimed, is outputting data. Therefore, providing the one or
`
`more features to a machine-learning model to generate a model output, the model output including a
`
`set of |OG candidates corresponding to times at which the implementis interacting withthe ground
`
`surface and a set of implement-in-air (IIA) candidates corresponding to times at which the implementis
`
`not interacting with the ground surfaceis insignificant extra-solution activity. Therefore, claim 11 does
`
`not recite additional elements that integrate the judicial exception into a practical application.
`
`With regard to claim 20, data gathering is a form ofinsignificant extra-solution activity. See
`
`MPEP 2106.05(g). Capturing a vibration signal that is indicative of a movementof the implement, is
`
`mere data gathering. Therefore, capturing a vibration signal that is indicative of a movementof the
`
`implementis insignificant extra-solution activity. In addition, outputting data is insignificant extra-
`
`solution activity. See MPEP 2106.05(g). Providing the one or more features toa machine-learning model
`
`to generate a model output, the model output including a set of |OG candidates corresponding to times
`
`at which the implementis interacting with the ground surface and a set of implement -in-air (IIA)
`
`candidates corresponding totimes at which the implementis not interacting with the ground surface, as
`
`claimed, is outputting data. Therefore, providing the one or more features to a machine-learning model
`
`to generate a model output, the model output including a set of |OG candidates corresponding to times
`
`at which the implementis interacting with the ground surface and a set of implement -in-air (IIA)
`
`candidates corresponding totimes at which the implementis not interacting with the ground surfaceis
`
`insignificant extra-solution activity. Therefore, claim 20 does not recite additional elements that
`
`integrate the judicial exception into a practical application.
`
`

`

`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 10
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`STEP 2B: Doesthe claim recite additional elements that amount tosignificantly more than the
`
`judicial exception? No, the claim does not recite additional elements that amounttosignificantly more
`
`than the judicial exception.
`
`With regard to STEP 2B, whether the claims recite additional elements that provide significantly
`
`morethan the recited judicial exception, the guidelines specify that the pre-guideline procedureis still in
`
`effect. Specifically, that examiners should continue to consider whether an additional element or
`
`combination of elements:
`
`e
`
`adds aspecific limitation or combination of limitations that are not well-understood, routine,
`
`conventional activity in the field, which is indicative that an inventive concept may be present;
`
`or
`
`e
`
`simply appends well-understood, routine, conventional activities previously known to the
`
`industry, specified at a high level of generality, to the judicial exception, which is indicative that
`
`an inventive concept may not be present.
`
`The following computer functions have been recognized as well-understood, routine, and
`
`conventional functions when they are claimed in a merely generic manner (e.g., at a high level of
`
`generality): receiving or transmitting data over a network. See MPEP 2106.05(d)(II). Providing the one or
`
`more features to a machine-learning model is transmitting data over a network(i.e., from one
`
`computing device networked to another computing device). Therefore, the limitation “Providing the one
`
`or more features to a machine-learning model togenerate a model output” is well-understood, routine,
`
`conventional activity in the field and does not recite additional elements that amountto significantly
`
`more than the judicial exception.
`
`CONCLUSION
`
`

`

`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 11
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`Thus, since claims 1, 11, and 20 are: (a) directed toward an abstractidea, (b) does not recite
`
`additional elements that integrate the judicial exception into a practical application, and (c) does not
`
`recite additional elements that amount to significantly more than the judicial exception, itis clear that
`
`claims 1, 11, and 20 are directed towards non-statutory subject matter.
`
`Further, dependent claims 2-5, 8-10, 12-14 and 18-19 further limit the abstract idea without
`
`integrating the abstract idea into practical application or adding significantly more. Each of the claimed
`
`limitations either expand upon or add either 1) new mental process, 2)a new additional element,3)
`
`previously presented mental process, and/or 4) a previously presented additional element. As such,
`
`claims 2-10 and 12-19 are similarly rejected as being directed towards non-statutory subject matter.
`
`Claim Rejections - 35 USC § 103
`
`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-AlA 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 ofrejection 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 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 claimedinvention 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.
`
`

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`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 12
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present
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`in
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`the application indicating obviousness or
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`nonobviousness.
`
`Claim(s) 1-2, 4-5, 8, 11-12, 14, 17, and 19-20 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Kamonetal. (US 20220220709 A1) in view of Hamada etal. (US 20210292999 A1).
`
`Regarding claims 1, 11 and 20, Kamonteaches asystem comprising: one or more processors(see
`
`at least [0158] and [0286] regarding a processor); and a computer-readable medium comprising
`
`instructions (see abstract and at least 4[0141], [0158], [0272], and [0286] regarding a memory and a
`
`program storedin the memory) that, when executed by the one or more processors, cause the one or
`
`moreprocessors to perform operations comprising: capturing a vibration signal that is indicative of a
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`movement ofan implement ofa construction machine (see at least [0155], [0181]-[0182], [0189], [0285],
`
`and [0328]-[0329] regarding a gyroscope detecting vibration of the machine/swiveling body/body part
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`which is output as reaction data (e.g., reaction force from the ground)); extracting one or more features
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`from the vibration signal (see at least 4[0189]-[0190], [0320], and [0336]-[0337] regarding a reaction or
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`reaction data including hardness of the ground(i.e., feature)); providing the one or more features to a
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`machine-learning model to generate a model output (see at least 4[0189]-[0194], [0337]-[0339], and
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`[0344] regarding determining the next manipulation based on reaction data magnitude which is acquired
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`as learning data and inputted into a learning module (i.e., machine learning), the learning module then
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`outputs the estimated operation command).
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`Kamonfails toteach the model output includinga set of implement-on-ground (IOG) candidates
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`corresponding to times at which the implement is interacting with the ground surface and a set of
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`implement-in-air (IIA) candidates corresponding to timesat which the implement is notinteracting with
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`the ground surface; and predicting an |OG implement-on-ground (IOG) start time and an |OG end time
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`using the set of 1OG candidates and the set of IIA candidates based on the modeloutput, the |OG start
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`

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`Application/Control Number: 17/493,793
`Art Unit: 3666
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`Page 13
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`time and the |OG end time forming the period during which the implement is interacting with the
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`ground surface. However, Hamada discloses a state data acquisition unit which acquires state data of a
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`work machine ata plurality of times and teaches the model output including a set of implement-on-
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`ground (lOG) candidates corresponding to timesat which the implement is interacting with the ground
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`surface anda set of implement-in-air (IIA) candidates corresponding to times at which the implement
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`is not interacting with the ground surface (see Figs. 7 & 9 and at least 4][0007], [0042], [0092], [0095]-
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`[0096], [0120]-[0122] regarding collecting detection values from a plurality of sensors of a work machine
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`with associated timestamps. The time stampsor time series of state data(i.e., indicating a state of the
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`work machine) can be used in a prediction model to output a time series of work classifications (i.e, a
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`plurality of predicted start and stop times for specific work being done by the work machine) which
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`aggregates thelikelihood of the work being performed at each time point as the time series; therefore,
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`Hamada teaches using a prediction model to output a time series related to when specific work is being
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`performed and thelikelihood of those start andstoptimes (e.g., during excavation, scraping, dumping or
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`load swing)); and predicting an implement-on-ground (IOG) start time and an |OG end time based on
`
`the model output, the |OG start time and the |OG end time forming the period during which the
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`implement is interacting with the ground surface (see Figs. 7 & 9 and at least [0007], [0042], [0092],
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`[0095]-[0096], [(0120]-[0122] regarding a period determination unit which determines a start point and
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`end point of a period related to determined classifications of work. Hamada also teaches collecting
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`detection values from a plurality of sensors of a work machine with associated timestamps. The time
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`stampsor time series of state data (i.e., indicating a state of the work machine) can be used in a prediction
`
`model to output a time series of workclassifications (i.e., a plurality of predicted start and stop timesfor
`
`specific work being done by the work machine) which aggregates the likelinood of the work being
`
`performedat each time point as the time series; therefore, Hamada teachesusing a prediction model to
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`

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`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 14
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`output a time series related to when specific work is being performed and the likelihood of those start
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`and stoptimes(e.g., during excavation, scraping, dumping or load swing).
`
`It would have been obvious to one of ordinary skillin the art before the effective filing date of the
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`claimed invention to have modified the construction machinery with learning function of Kamon to
`
`provide, with a reasonable expectation of success, wherein the model output
`
`including a set of
`
`implement-on-ground (lOG) candidates corresponding totimes at which the implementis interacting with
`
`the ground surface and a set of implement-in-air (IIA) candidates corresponding to times at which the
`
`implementis not interacting with the ground surface; and predicting an |OG implement-on-ground (IOG)
`
`start time andan |OG end time using the set of |OG candidates and thesetof IIA candidates based on the
`
`model output, the |OG start time and the |OG end time forming the period during which the implement
`
`is interacting with the ground surface, as taught by Hamada, to provide determining the likelihood of a
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`classification of machine workactivity and whether it is high or low at that specific time. (Hamada at
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`4[0122])
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`Regarding claims 2 and 12, Kamon teaches wherein the vibration signal is captured using a
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`vibration sensor mounted to the construction machine (see at least 4[0155] and [0285] regarding a
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`swiveling body or the body part of the hydraulic excavator that is provided with a gyroscope).
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`Regarding claim 4, Kamon teaches wherein the vibration sensor includes a gyroscope and the
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`vibration signalincludes a rotation signal (see at least 4 [0155] and [0285] regarding a swiveling body or
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`the body part of the hydraulic excavator that is provided with a gyroscope that detects aninclination(i.e.,
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`rotation)).
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`

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`Application/Control Number: 17/493,793
`Art Unit: 3666
`
`Page 15
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`Regarding claims 5 and 14, Kamon fails to teach wherein the vibration sensor is mounted to the
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`implement. However, Yamada discloses an attachment monitoring system and teaches wherein the
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`vibration sensor is mounted to the implement (see Fig. 1B and 2A which shows the measurementunit
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`attached to an arm and attachment as well as 4[0033] and [0110] regarding a measurement unit being
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`attached to anarm which holds an attachment).
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`It would have been obvious to one of ordinary skillin the art before the effective filing date of the
`
`claimed invention to have modified the construction machinery with learning function of Kamon to
`
`provide, with a reasonable expectation of succ