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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 9, 11, 17-18, 23-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Busman (EP 2364587).
Regarding claim 1, Busman discloses a method for operating a self-propelling combine, the method comprising:
automatically generating, by an axial separator [2] that is upstream from a downstream distribution device (as seen in Busman’s annotated Fig. 1 below and disclosed in section 0030), a residual flow of material, wherein the axial separator [2] in an end-side material delivery region [25] has at least one guide element [28] configured to be moved by an actuator [38], wherein movement of the at least one guide element [28] modifies a distribution of the residual flow of material (Section 0041 lines 8-11);
automatically supplying the residual flow of material to the downstream distribution device (as seen in Busman’s annotated Fig. 1 below and disclosed in section 0030) that discharges the residual flow of material from the combine [1];
automatically detecting, by at least one sensor unit [40], the distribution of the residual flow of material (Section 0040 lines 5-6);
automatically detecting, using one or more sensor apparatuses (Sensor as disclosed in section 0024), an indication of a side wind, the side wind comprising an airflow directed at an angle (Sensor disclosed in section 0024 detects the direction of the wind.) to a driving direction of the combine [1];
and automatically adjusting, based on the indication of the side wind, a position of the at least one guide element [28], thereby modifying the distribution of the residual flow of material (Section 0024 discloses that the wind, which would include sidewinds, would be detected by a sensor and thereby modify the guide element.).
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Regarding claim 3, Busman discloses the method of claim 1, wherein a balanced distribution ratio is specified over a supply width of the distribution device [8];
and wherein automatically adjusting the position of the at least one guide element [28] is further based on the balanced distribution ratio (Section 0041 lines 8-11 disclose when trying to achieve identical or “balanced” layer thicknesses within respective distribution areas).
Regarding claim 9, Busman disclose the method of claim 1, wherein, for the distribution of the residual flow of material to approach a target distribution, a speed of movement of the at least one guide element [28] is changed (As the optimal distribution of the residual flow of material is reached, the guide elements no longer need to be adjusted and the speed of the movement of the guide element changes to 0.).
Regarding claim 11, Busman discloses a self-propelling combine [1] comprising:
an axial separator [2] configured to generate a residual flow of material and to supply the residual flow of material to a distributor device (as seen in Busman’s annotated Fig. 1 above and disclosed in section 0030), wherein the axial separator [2] in an end-side material delivery region [25] has at least one guide element [28] configured to be moved by an actuator [38] and in which movement of the at least one guide element [28] modifies a distribution of the residual flow of material (Section 0041 lines 8-11);
the distributor device (as seen in Busman’s annotated Fig. 1 above and disclosed in section 0030) downstream from the axial separator [2] and configured to discharge the residual flow of material from the combine [1];
at least one sensor unit [40] configured to detect the distribution of the residual flow of material (Sensor disclosed in section 0040 lines 5-6);
one or more sensor apparatuses (as disclosed in section 0024) configured to automatically generate an indication of a side wind, the side wind comprising an airflow directed at an angle to a driving direction of the combine [1] (Sensor disclosed in section 0024 detects the direction of the wind.);
and a control device [37] configured to:
automatically receive the indication of the side wind from the one or more sensor apparatus (as disclosed in section 0024);
and automatically generate, based on the indication of the side wind, one or more control signals to control the actuator [38] to automatically adjust a position of the at least one guide element [28] in order to modify the distribution of the residual flow of material (Sensor detecting the wind is disclosed in section 0024 and section 0041 lines 8-11 disclose the subsequent modification of the guide element [28]).
Regarding claim 17, Busman discloses the combine of claim 11, wherein the one or more sensor apparatuses are positioned above the distribution device and below the material delivery region of the axial separator (Section 0023-0024 discloses the wind sensor may be in the same location as sensor [40] which senses the residual crop flow after it exits the delivery region [25] but before the distribution device in section 0040 lines 5-6).
Regarding claim 18, Busman discloses the combine of claim 11, wherein, for the distribution of the residual flow of material to approach a target distribution, the control device is configured to continuously change a speed of movement of the at least one guide element (section 0019 lines 4-7 disclose the continuous adaptation of the guide element when trying to achieve a certain distribution.).
Regarding claim 23, Busman discloses the method of claim 1, wherein the residual flow of material from the axial separator [2] flows to a downstream working unit [8];
and wherein the downstream working unit [8] transfers the residual flow of material to the downstream distribution device (as seen in Busman’s annotated Fig. 1 above and disclosed in section 0030) for discharging the residual flow of material from the combine [1] (Actions of the distribution device disclosed in section 0030.).
Regarding claim 24, Busman discloses the method of claim 23, wherein the downstream working unit [8] comprises a chopping device [8];
wherein automatically adjusting the position of the at least one guide element [28] modifies the distribution of the residual flow of material across a width of the chopping device [8] (Section 0041 lines 8-11);
wherein the chopping device [8] generates, from the residual flow of material across the width of the chopping device [8], a distribution of chopped residual material (as the material exits the chopper, it has a distribution.);
and wherein the distribution of the chopped residual material is transferred to the downstream distribution device (as seen in Busman’s annotated Fig. 1 above and disclosed in section 0030).
Regarding claim 25, Busman discloses the method of claim 24, wherein the axial separator [2] comprises at least one axial rotor [19] including a housing [18] with the at least one guide element [28];
and wherein the at least one guide element [28] is moved in order to modify the distribution of the residual flow of material across the width of the chopping device [8] (Section 0041 lines 8-11).
Regarding claim 26, Busman discloses the method of claim 25, wherein the at least one guide element [28] has a curvature and is pivotable (Fig. 2 shows the guide element [28] is curved) responsive to being moved by the actuator [38] in order to modify the distribution of the residual flow of material across the width of the chopping device [8] (Section 0041 lines 8-11).
Regarding claim 27, Busman discloses the combine of claim 11, further comprising a chopping device [8], wherein the chopping device [8] is configured to generate, from the residual flow of material across a width of the chopping device [8], a distribution of chopped residual material (Section 0041 lines 8-11);
wherein the at least one guide element [28] has a curvature (Fig. 2 shows that the guide element [28] is curved.) and is configured to pivot responsive to being moved by the actuator [38] in order to modify the distribution of the residual flow of material across the width of the chopping device [8] (Section 0041 lines 11-13 disclose how the actuator [38] acts to pivot the guide element [28]);
and wherein the distribution of the chopped residual material is transferred to the downstream distribution device (as seen in Busman’s annotated Fig. 1 above and disclosed in section 0030) for discharge from the combine [1].
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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Busman (EP 2364587) in view of Branch (US 2015/0264864).
Regarding claim 19, Busman discloses the combine of claim 11.
However, Busman does not disclose wherein the at least one sensor unit is positioned in one or both at at least one measuring point in a supply region of a chopping device downstream from the axial separator or on a floor sectionally enclosing a cutter drum of the chopping device.
Branch discloses a combine harvester [100] comprising a sensing unit [204] for sensing the distribution of residual material located a supply region (The region after the chopper is to be considered a “supply” region as it supplies the spreader with residual material.) of a chopping device [122] downstream from the axial separator (as seen in Branch’s annotated Fig. 1 below)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Branch’s location for the sensing unit to Isaac’s sensing unit as it is a known configuration in the art.
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Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Busman (EP 2364587) in view Neitemeier (US 2019/0246561).
Regarding claim 20, Busman discloses a self-propelling combine [1], comprising:
an axial separator [2] configured to generate a residual flow of material and to supply the residual flow of material to a distributor device (as seen in Busman’s annotated Fig. 1 above and disclosed in section 0030), wherein the axial separator [2] in an end-side material delivery region [25] has at least one guide element [28] configured to be moved by an actuator [38] and in which movement of the at least one guide element [28] modifies a distribution of the residual flow of material (Section 0041 lines 8-11):
the distributor device (as seen in Busman’s annotated Fig. 1 above and disclosed in section 0030) downstream from the axial separator [2] and configured to discharge the residual flow of material from the combine [1] at least one sensor unit [40] configured to detect the distribution of the residual flow of material, wherein the at least one sensor unit [40] is configured to detect an axial distribution of the residual flow of material;
one or more sensor apparatuses configured to generate an indication of a side wind (Sensor as disclosed in section 0024), the side wind comprising an airflow directed at an angle to a driving direction of the combine [1] (Sensor disclosed in section 0024 detects the direction of the wind.) and a control device configured to:
receive the indication of the side wind from the one or more sensor apparatus (Sensor as disclosed in section 0024) and generate, based on the indication of the side wind, one or more control signals to control the actuator [38] to automatically adjust a position of the at least one guide element [28] in order to modify the distribution of the residual flow of material (Section 0024 discloses that the wind, which would include sidewinds, would be detected by a sensor and thereby modify the guide element.).
However, Busman does not disclose wherein the at least one sensor unit is designed as a measuring strip that has a plurality sensor elements at a distance from each other.
Neitemeier discloses a combine harvester [1] comprising a strip sensor [10] comprising a plurality of sensor elements [12] for sensing a plurality of points as opposed to one point (Page 4 section 0035 lines 1-7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute Busman’s one sensor unit with strip sensor comprising a plurality of sensors in order to gather information across the width of a component (Page 4 section 0035 lines 1-7).
Allowable Subject Matter
Claims 6-8, 13-14, 21-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The indicated allowability of claim 20 is withdrawn in view of the newly discovered reference(s) to Busman (EP 2364587). Rejections based on the newly cited reference appears above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baumgarten (DE 102004024799 A1) discloses a device for distributing of harvesting crops. Bussman (EP 3714675 A1) discloses a method for operating a combine and self-propelled combine.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY A KAERCHER whose telephone number is (571)270-0128. The examiner can normally be reached M-F (8-4:30).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHLEY A KAERCHER/Examiner, Art Unit 3671 9/24/2025
/JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671