Title:Depth-related help functions for a wheel loader training simulator
Patent Applicant: Joy Global Surface Mining Inc
Delegate: Isaac Tan
Decision Date: 5 October 2018
Hearing Date: Written Submissions filed 5 July 2018
Catchwords: PATENTS – section 45 – examiner objection hearing – manner of manufacture under section 18(1)(a) – computer implemented invention – substance of the invention relates to the presentation, and communication, of intellectual information – the invention is a training simulator which provides proper depth perspectives within the virtual training environment – contribution to the art is not technical – invention does not open the way for the computer to be used more efficiently than had been previously possible – claims are not directed towards a manner of manufacture – lack of support under section 40(3) – no determination made on whether the claims are supported by the disclosure in the body of the specification – application refused
Representation: Greg Munt, Patent Attorney of Griffith Hack
IP AUSTRALIA
AUSTRALIAN PATENT OFFICE
Patent Application: 2016201890
Title:Depth-related help functions for a wheel loader training simulator
Patent Applicant: Joy Global Surface Mining Inc
Date of Decision: 5 October 2018
DECISION
I find that the claimed invention is not for a manner of manufacture.
I direct that the application be refused.
REASONS FOR DECISION
Background
Harnischfeger Technologies, Inc. (Harnischfeger) filed patent application 2016201890 (application) on 24 March 2016. The application is a divisional application based on patent applications 2014202349 and 2013209300, and claims an early priority date of 2 August 2012.
Harnischfeger requested examination on 16 May 2016, and proposed amendments to the claims and description of the specification. The application was subjected to four (4) examination reports respectively dated 28 April 2017, 12 December 2017, 27 February 2018 and 27 April 2018. Following the fourth report, on 30 April 2018, Harnischfeger requested to be heard. The 30 April 2018 is also the final date of acceptance, as it is the first business day following the one year anniversary of when the first examination report was issued.
In response to the request to be heard, Harnischfeger was invited to provide written submissions. Harnischfeger’s written submission was filed on 5 July 2018.
On 25 September 2018, a request was filed to amend the patent register to record the merger of Harnischfeger Technologies, Inc. and Joy Global Surface Mining Inc. The assignment request was allowed on 28 September 2018, and the application will now proceed in the name of Joy Global Surface Mining Inc. (applicant).
Specification
The specification states that the invention relates to methods and systems for training operators of industrial machines, such as shovels and wheel loaders in a simulated environment. Some examples of industrial machines include electric rope or power shovels, draglines and wheel loaders. These machines are used to remove material from a bank of a mine.
However, these machines have a high cost, and properly training an…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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AGLC
Joy Global Surface Mining Inc [2018] APO 68
Case
[2018] APO 68
Decision Date
CaseChat Overview and Summary
This decision concerns an objection hearing in relation to a patent application filed by Harnischfeger Technologies, Inc. (now Joy Global Surface Mining Inc) for a training simulator which provides proper depth perspectives within the virtual training environment. The application was objected to on the basis that the invention was not a manner of manufacture. The Applicant submitted that the invention was a training simulator which provides an operator with relevant depth perception that replicates actual depth in the real world in the context a real world wheel loader, so that the operator is provided with training in how to efficiently and appropriately operate a real world industrial machine. The delegate concluded that the invention was not a manner of manufacture, and was merely the presentation and communication of intellectual information. The delegate concluded that the invention was not a manner of manufacture, and the application was refused.