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 .
Status of Claims
This communication is in response to Application 17/584,986 filed on 11/04/2025. Claims 4-7 and 12-15 are canceled. Claims 21-28 are new claims. Claims 1-3, 8-11 and 16-28 are currently pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/04/2025 has been entered.
Response to Arguments
(A)Applicant’s arguments submitted on 11/04/2025, with respect to the previous 35 U.S.C. 101 with respect to claims 1-3, 8-11 and 16-28 have been fully considered and are persuasive. The 35 U.S.C. 101 rejection of claims 1-3, 8-11 and 16-28 has been withdrawn.
(B)Applicant’s arguments submitted on 11/04/2025, with respect to the previous 35 U.S.C. 103 rejection of claim 1 has been fully considered and is unpersuasive.
With respect to the previous 35 U.S.C. 103 rejection of claim 1, Applicant argues the cited art of record Byttebier (US 20160249533 A1) fails to disclose “A mobile machine comprising: a material receptacle configured to hold a material; an imaging system configured to generate an image indicating spill of the material from the material receptacle; and to determine a material spill characteristic based on the image.”
Examiner respectfully disagrees. Byttebier teaches an agricultural harvesting system in which the harvester (i.e. mobile machine) is equipped with a container or receiving structure for holding harvested crop material. For example, Byttebier describes the container used to receive and hold the crop stream discharged from the spout (See ¶49 of Byttebier). The container is mounted to or associated with the harvesting vehicle such that the harvesting machine and container collectively function as a mobile machine. Further, in regards to Applicant’s argument stating Byttebier does not teaches “an imaging system configured to generate an image indicating spill of the material from the material receptacle; and to determine a material spill characteristic based on the image,” Byttebier describes a camera capturing images of (i) the container, including portions that would visibly show material deposited outside the intended loading region, and (ii) the crop stream as it passes from the discharge spout into the container, including conditions in which the crop material misses the container or overflows its boundaries. In other words, the images of the container and the crop stream, captured specifically to determine the relative positioning and control attributes (i.e. spill characteristics) of the discharge spout (See at least ¶56-57 of Byttebier). Such images indicate a spill condition as claimed.
For at least the foregoing reasons, and the rejections outlined below, the prior art rejections are maintained.
(C)Applicant’s arguments submitted on 11/04/2025, with respect to the previous 35 U.S.C. 103 rejection of claims 11 and 19 has been fully considered and are moot in light of the new grounds of rejection outlined below.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 11 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Byttebier et al., US 20160249533 A1, hereinafter referred to as Byttebier.
Regarding claim 11, Byttebier discloses a computer-implemented method (A computer program, which when run on a computer, causes the computer to configure any apparatus, including a controller, unloading system and agricultural harvesting machine disclosed herein or perform any method disclosed herein – See at least ¶43) comprising:
detecting a presence of a material outside of a material receptacle of a mobile machine (A material location sensor may be provided that can detect the location of the material, (i.e. material outside) that is to be collected. The material location sensor may be positioned in front of the agricultural harvesting machine - See at least ¶66):
wherein detecting the presence of the material outside of the material receptacle comprises detecting, with a contact sensor disposed outside of the material receptacle, contact with the material (A material amount sensor (i.e. contact sensor) may be provided that can detect the amount of material that is to be collected from the path. The material amount sensor may also be positioned in front of the agricultural harvesting machine. The material amount sensor may be a swath/crop measuring sensor as described above, which may be configured to determine the amount of material/crop at different regions of the path that is to be followed – See at least ¶69):
generating a sensor signal based on the detection of the presence of the material outside of the material receptacle of the mobile machine (Also shown in FIG. 2 is a path information signal that is provided to the controller. The controller can then set an attribute of the discharge spout, agricultural harvesting machine, and/or container in accordance with both the image data returned by the camera (i.e. generating a sensor signal) and the path information signal in order to direct the crop material from the discharge spout (i.e. material outside) to the container – See at least ¶57 and FIG. 2);
determining a material spill characteristic based on the sensor signal (In particular, the controller can process the path information signal in order to determine a relative positioning characteristic representative of how the unloading apparatus will move relative to the container as the unloading vehicle or collection vehicle follows the path, and then set the attribute in accordance with both the image data and the relative positioning characteristic – See at least ¶57); and
controlling the mobile machine based on the material spill characteristic (The controller can take into account any obstacles in the path of the collection vehicle and/or agricultural harvesting machine when determining the path/route. The controller may adjust the location of a path that is identified by the path information signal such that it avoids the obstacles. In turn, this is used by the controller to set an attribute of the discharge spout, agricultural harvesting machine, and/or collection vehicle accordingly – See at least ¶62).
Regarding claim 16, Byttebier discloses wherein controlling the mobile machine comprises controlling (Controller – See at least ¶19) one or more of:
a material transfer subsystem of the mobile machine to initiate a material transfer operation (According to a further aspect of the invention, there is provided a method of controlling an unloading system, the unloading system comprising (i) an unloading vehicle having an unloading apparatus (i.e. material transfer subsystem) – See at least ¶29); a steering subsystem of the mobile machine to adjust a heading of the mobile machine; and a propulsion subsystem of the mobile machine to adjust a speed of the mobile machine.
Regarding claim 17, Byttebier discloses wherein determining the material spill characteristic based on the sensor signal comprises: determining a spill location based on the sensor signal (A material location sensor may be provided that can detect the location of the material, (i.e. material outside) that is to be collected. The material location sensor may be positioned in front of the agricultural harvesting machine - See at least ¶66).
Regarding claim 18, Byttebier discloses wherein determining the material spill characteristic based on the sensor signal comprises: determining a spillage amount based on the sensor signal (A material amount sensor may be provided that can detect the amount of material that is to be collected from the path. The material amount sensor may also be positioned in front of the agricultural harvesting machine. The material amount sensor may be a swath/crop measuring sensor as described above, which may be configured to determine the amount of material/crop at different regions of the path that is to be followed – See at least ¶69).
Regarding claim 19, Byttebier discloses an agricultural system (Agricultural harvesting machine disclosed herein – See at least ¶43) comprising:
an audible/acoustic sensor configured to detect spill of a material from a material receptacle of a mobile machine by detecting a sound caused by contact between the material and a surface outside of the material receptacle (Alternatively, the path information signal may be representative of the location of material that is to be collected. A material location sensor may be provided that can detect the location of the material that is to be collected. The material location sensor may be positioned in front of the agricultural harvesting machine. The material location sensor may be a swath/crop measuring sensor that can identify the location of swath/crop that is to be collected and unloaded by the agricultural harvesting machine. The swath/crop measuring sensor may be a distance measuring device such as an ultrasonic sensor (i.e. acoustic sensor) - See at least ¶66);
to generate a sensor signal indicative of the spill of the material out of the material receptacle of the mobile machine (Also shown in FIG. 2 is a path information signal that is provided to the controller. The controller can then set an attribute of the discharge spout, agricultural harvesting machine, and/or container in accordance with both the image data returned by the camera (i.e. generating a sensor signal) and the path information signal in order to direct the crop material from the discharge spout (i.e. material outside) to the container – See at least ¶57 and FIG. 2);
a material spill control system configured to (The agricultural harvesting machine has an unloading apparatus, which in this example is a discharge spout – See at least ¶49):
obtain the sensor signal indicative of the spill of the material out of the material receptacle of the mobile machine (The agricultural harvesting machine has an unloading apparatus, which in this example is a discharge spout (i.e. spill of a material). The unloading system also has a collection vehicle having a container for receiving material that has been unloaded by the unloading vehicle – See at least ¶49 and FIG. 1);
determine one or more material spill characteristics based on the sensor signal (In particular, the controller can process the path information signal in order to determine a relative positioning characteristic representative of how the unloading apparatus will move relative to the container as the unloading vehicle or collection vehicle follows the path, and then set the attribute in accordance with both the image data and the relative positioning characteristic – See at least ¶57);
control the mobile machine based on the one or more material spill characteristics (Also shown in FIG. 2 is a path information signal that is provided to the controller. The controller can then set an attribute of the discharge spout (i.e. a material spill characteristic), agricultural harvesting machine, and/or container in accordance with both the image data returned by the camera and the path information signal in order to direct the crop material from the discharge spout to the container – See at least ¶57. The controller can take into account any obstacles in the path of the collection vehicle and/or agricultural harvesting machine when determining the path/route. The controller may adjust the location of a path that is identified by the path information signal such that it avoids the obstacles. In turn, this is used by the controller to set an attribute of the discharge spout, agricultural harvesting machine, and/or collection vehicle accordingly – See at least ¶62).
Regarding claim 20, Byttebier discloses wherein the one or more material spill characteristics include one or more of:
an occurrence of spillage of material out of the material receptacle of the mobile machine;
a location of the spillage of material out of the material receptacle of the mobile machine (A material location sensor may be provided that can detect the location of the material, (i.e. material outside) that is to be collected. The material location sensor may be positioned in front of the agricultural harvesting machine - See at least ¶66); and
an amount of material spilled out of the material receptacle of the mobile machine (A material amount sensor may be provided that can detect the amount of material that is to be collected from the path. The material amount sensor may also be positioned in front of the agricultural harvesting machine. The material amount sensor may be a swath/crop measuring sensor as described above, which may be configured to determine the amount of material/crop at different regions of the path that is to be followed – See at least ¶69).
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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1-3, 9-10, 21, 22, 24, 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Byttebier et al., US 20160249533 A1, in view of Blank et al., US 20190277687 A1, hereinafter referred to as Byttebier and Blank, respectively.
Regarding claim 1, Byttebier discloses a mobile machine (Agricultural harvesting machine – See at least ¶43) comprising:
a material receptacle configured to hold a material (The unloading system also has a collection vehicle having a container (i.e. material receptacle) for receiving material that has been unloaded by the unloading vehicle – See at least ¶49 and FIG. 1);
an imaging system configured to generate an image indicating spill of the material from the material receptacle (Also shown in FIG. 2 is a path information signal that is provided to the controller. The controller can then set an attribute of the discharge spout (i.e. spill), agricultural harvesting machine, and/or container in accordance with both the image data returned by the camera (i.e. generating an image) and the path information signal in order to direct the crop material from the discharge spout (i.e. material outside) to the container – See at least ¶57 and FIG. 2); and
a control system configured to determine a material spill characteristic based on the image and to control the mobile machine based on the determined material spill characteristic (Also shown in FIG. 2 is a path information signal that is provided to the controller. The controller can then set an attribute of the discharge spout (i.e. a material spill characteristic), agricultural harvesting machine, and/or container in accordance with both the image data returned by the camera and the path information signal in order to direct the crop material from the discharge spout to the container – See at least ¶57. The controller can take into account any obstacles in the path of the collection vehicle and/or agricultural harvesting machine when determining the path/route. The controller may adjust the location of a path that is identified by the path information signal such that it avoids the obstacles. In turn, this is used by the controller to set an attribute of the discharge spout, agricultural harvesting machine, and/or collection vehicle accordingly – See at least ¶62).
Byttebier fails to disclose a frame and ground engaging elements configured to support the frame above a surface of a worksite.
However, Blank teaches:
a frame (Frame – See at least ¶69);
ground engaging elements configured to support the frame above a surface of a worksite (Propulsion subsystem illustratively drives movement of ground engaging elements (such as wheels or tracks) on towing vehicle – See at least ¶30);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Byttebier and include the feature of a frame and ground engaging elements configured to support the frame above a surface of a worksite, as taught by Blank, to maintain proper alignment, stability, and functional positing relative to a worksite surface.
Regarding claim 2, Byttebier, as modified, discloses wherein the imaging system is disposed outside of the material receptacle (A camera is mounted on the discharge spout, below the pivotable flap as shown in FIG. 2 – See at least ¶55 and FIG. 2).
Regarding claim 3, Byttebier, as modified, discloses wherein the control system is configured to control, based on the determined material characteristic (Also shown in FIG. 2 is a path information signal that is provided to the controller. The controller can then set an attribute of the discharge spout (i.e. a material spill characteristic), agricultural harvesting machine, and/or container in accordance with both the image data returned by the camera and the path information signal in order to direct the crop material from the discharge spout to the container – See at least ¶57), one or more of:
a material transfer subsystem of the mobile machine to initiate a material transfer operation (According to a further aspect of the invention, there is provided a method of controlling an unloading system, the unloading system comprising (i) an unloading vehicle having an unloading apparatus (i.e. material transfer subsystem) – See at least ¶29); a steering subsystem of the mobile machine to adjust a heading of the mobile machine; and a propulsion subsystem of the mobile machine to adjust a speed of the mobile machine.
Regarding claim 9, Byttebier, as modified, discloses wherein the control system is configured to determine, as the material spill characteristic, an amount of material spilled from the material receptacle over a side of the material receptacle based on the image (A material amount sensor may be provided that can detect the amount of material that is to be collected from the path. The material amount sensor may also be positioned in front of the agricultural harvesting machine. The material amount sensor may be a swath/crop measuring sensor as described above, which may be configured to determine the amount of material/crop at different regions of the path that is to be followed – See at least ¶69).
Regarding claim 10, Byttebier, as modified, discloses wherein the control system is configured to determine, as material spill characteristic, a location of material spilled from the material receptacle over a side of the material receptacle based on the image (A material location sensor may be provided that can detect the location of the material, (i.e. material outside) that is to be collected. The material location sensor may be positioned in front of the agricultural harvesting machine - See at least ¶66).
Regarding claim 21, Byttebier, as modified, discloses wherein the imaging system includes a field of view that includes an interior of the material receptacle (The camera is positioned such that it records images that include at least a portion of the container, and optionally also the stream of crop material as it passes from the discharge spout to the container – See at least ¶55-56).
Regarding claim 22, Byttebier, as modified, discloses wherein the imaging system includes a field of view that includes an exterior of the material receptacle (Alternatively, details of such obstacles may be determined in real-time based on image processing of image data returned from a camera having a field of view in front of the agricultural harvesting machine and/or collection vehicle – See at least ¶63).
Regarding claim 24, Byttebier as modified discloses the mobile machine of claim 1, accordingly, the rejection of claim 1 above is incorporated.
Byttebier as modified does not teach wherein the control system is configured to control an interface mechanism of the mobile machine to generate an indication of the material spill characteristic.
However, Blank teaches wherein the control system is configured to control an interface mechanism of the mobile machine to generate an indication of the material spill characteristic (Operator can interact with operator interface mechanisms in order to control and manipulate various items of harvester. Control system can receive operator inputs and inputs from sensors and other items, and generate control signals to control the controllable subsystems. The controllable subsystems may include an elevator positioning subsystem that positions the elevator on harvester between an unloading position for unloading into wagon and a storage position. In this way, the location of the spout of the elevator (i.e. material spill characteristics) can be identified as well – See at least ¶69).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Byttebier and include the feature of wherein the control system is configured to control an interface mechanism of the mobile machine to generate an indication of the material spill characteristic, as taught by Blank, to maintain proper alignment, stability, and functional positing relative to a worksite surface.
Regarding claim 25, Byttebier fails to disclose controlling an interface mechanism to generate an indication of the material spill characteristic.
However, Blank teaches controlling an interface mechanism to generate an indication of the material spill characteristic (Control signal generator can generate a variety of different types of control signals (or action signals) based upon the fill level metric output by system. For instance, it can control an operator interface mechanism to provide an indication to operator of the fill level (i.e. material characteristic) – See at least ¶37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Byttebier and include the feature of controlling an interface mechanism to generate an indication of the material spill characteristic, as taught by Blank, in order to generate a measure that is used to estimate a fill level of a wagon (See at least ¶4 of Blank).
Regarding claim 27, Byttebier fails to disclose wherein the material spill control system is further configured to control an interface mechanism to generate a presentation indicative of the one or more material spill characteristics.
However, Blank teaches wherein the material spill control system is further configured to control an interface mechanism to generate a presentation indicative of the one or more material spill characteristics (Control signal generator may also control operator interface mechanisms in a wide variety of different ways. For instance, it can display the fill level (i.e. material spill characteristics) of wagon. It can display an alert, etc. By way of example, it may be that wagon is being overfilled – See at least ¶64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Byttebier and include the feature of control an interface mechanism to generate a presentation indicative of the one or more material spill characteristics, as taught by Blank, in order to generate a measure that is used to estimate a fill level of a wagon (See at least ¶4 of Blank).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Byttebier et al., US 20160249533 A1, in view of Blank et al., US 20190277687 A1, as applied to claim 1 above and further in view of John Lee Marsolek, US 20170228108 A1, hereinafter referred to as Byttebier, Blank and Marsolek, respectively.
Regarding claim 8, the combination of Byttebier and Blank fails to disclose wherein the control system is configured to generate a map of the worksite, and wherein the map comprises an indication of the material spill characteristic.
However, Marsolek teaches wherein the control system is configured to generate a map of the worksite, and wherein the map comprises an indication of the material spill characteristic (The processor is configured to generate an interactive map of the worksite on the display device – See at least ¶8. Off-board computer generates a map of an area containing one or more of haul trucks and generates a haul truck detail object for each haul truck on the map. Haul truck detail object include information, such as a capacity of material (i.e. material spill characteristic) in haul truck – See at least ¶81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Byttebier and Blank and include the feature of wherein the control system is configured to generate a map of the worksite, and wherein the map comprises an indication of the material spill characteristic, as taught by Marsolek, for improving the efficiency or accuracy of an agricultural machine (See at least ¶6 of Marsolek).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Byttebier et al., US 20160249533 A1, in view of Blank et al., US 20190277687 A1, as applied to claim 1 above and further in view of Fisher et al., US 20170355081 A1, hereinafter referred to as Byttebier, Blank and Fisher, respectively.
Regarding claim 23, the combination of Byttebier and Blank fail to disclose wherein the control system is configured to process the image to identify a zone of the image, to identify presence of the material in the zone of the image, and to determine the material spill characteristic based on the presence of the material in the zone of the image.
However, Fisher teaches wherein the control system is configured to process the image to identify a zone of the image, to identify presence of the material in the zone of the image, and to determine the material spill characteristic based on the presence of the material in the zone of the image (A camera of spill detector can be used to image spill and surface. Based at least on the colors, spill detector can segment (i.e. zone) the image and/or detect/identify spill. In some cases, based at least upon the detection/identification of spill from the images, spill detector can alert a user using display, wherein the user can view panel and determine if spill has been detected – See at least ¶139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Byttebier and Blank and include the feature of wherein the control system is configured to process the image to identify a zone of the image, to identify presence of the material in the zone of the image, and to determine the material spill characteristic based on the presence of the material in the zone of the image, as taught by Fisher, to identify a spill and generate an alert indicative in part of a recognition of the spill (See at least ¶8 of Fisher).
Claims 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Byttebier et al., US 20160249533 A1, in view of John Lee Marsolek, US 20170228108 A1, hereinafter referred to as Byttebier and Marsolek, respectively.
Regarding claim 26, Byttebier fails to disclose generating a map of a worksite at which the mobile machine operates, the comprising an indication of the material spill characteristic.
However, Marsolek teaches generating a map of a worksite at which the mobile machine operates, the comprising an indication of the material spill characteristic (The processor is configured to generate an interactive map of the worksite on the display device – See at least ¶8. Off-board computer generates a map of an area containing one or more of haul trucks and generates a haul truck detail object for each haul truck on the map. Haul truck detail object include information, such as a capacity of material (i.e. material spill characteristic) in haul truck – See at least ¶81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Byttebier and include the feature of generating a map of a worksite at which the mobile machine operates, the comprising an indication of the material spill characteristic, as taught by Marsolek, for improving the efficiency or accuracy of an agricultural machine (See at least ¶6 of Marsolek).
Regarding claim 28, Byttebier fails to disclose wherein the material spill control system is further configured to generate a map of a worksite at which the mobile operates, the map mapping the one or more material spill characteristics.
However, Marsolek teaches wherein the material spill control system is further configured to generate a map of a worksite at which the mobile operates, the map mapping the one or more material spill characteristics (The processor is configured to generate an interactive map of the worksite on the display device – See at least ¶8. Off-board computer generates a map of an area containing one or more of haul trucks and generates a haul truck detail object for each haul truck on the map. Haul truck detail object include information, such as a capacity of material (i.e. material spill characteristic) in haul truck – See at least ¶81).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Byttebier and include the feature of generating a map of a worksite at which the mobile machine operates, the comprising an indication of the material spill characteristic, as taught by Marsolek, for improving the efficiency or accuracy of an agricultural machine (See at least ¶6 of Marsolek).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Missotten et al., (US 20160150733 A1) discloses receive image data representative of a stream of crop material as it passes from the unloading apparatus to the container; process the image data in order to determine a shape of the stream of crop material in the image data; and set an attribute of the unloading apparatus in accordance with the determined shape of the stream of crop material in order to direct the crop material from the unloading apparatus to the container.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD M KAZIMI whose telephone number is (571)272-3436. The examiner can normally be reached M-F 7am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Bishop can be reached at 5712703713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RESPECTFULLY SUBMITTED
/MAHMOUD M KAZIMI/Examiner, Art Unit 3665
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