Prosecution Insights
Last updated: October 02, 2026
Application No. 17/678,409

Proactive soil density detection system and method

Final Rejection §103
Filed
Feb 23, 2022
Examiner
MOSCOLA, MATTHEW JOHN
Art Unit
3663
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Deere & Company
OA Round
6 (Final)
65%
Grant Probability
Moderate
7-8
OA Rounds
0m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
70 granted / 108 resolved
+12.8% vs TC avg
Strong +16% interview lift
Without
With
+15.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
141
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
57.1%
+17.1% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
23.3%
-16.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 108 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 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. Claim(s) 1, 3-7, 13-15, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eichhorn US-20200128723-A1, Wolleben US-20210270754-A1, and Heim US-20170094894-A1 in view of Achen US-11558991-B2. 1. (Currently Amended) Eichhorn US-20200128723-A1 discloses A soil density detection system, comprising: a non-contact soil-density sensing device disposed on an agricultural implement, the non-contact soil-density sensing device operably detecting soil density in at least a portion of a target area in front of a ground contact portion of the agricultural implement [FIG.4B; 0088] to generate data indicative of a detected soil density, (Eichorn [FIG.7-8, 10]) (Eichorn [claim.18] wherein at least one sensor input includes at least one of electrical conductivity, capacitance, optical spectroscopy, GPS location, camera signals, map data, force penetrometers, ground penetrating radar, ultrasound, force required for tillage implement to break the soil, and interpolated soil property sensors inserted in or around the field;) (Eichorn [0050] In various implementations, the active control of the one or more ground engaging elements may be modulated by sensor inputs, including information from soil property sensors provided to the system as sensor signals for processing.) (Eichorn [0060-61; FIG.1-2] a soil compaction sensor 70 [FIG.8B]; soil property sensor 30… soil property sensor 30 according to various implementations may sense various soil properties including but not limited to soil moisture, soil modulus, soil pH, quantity of crop residue present in the soil, soil quality, soil compaction, soil nitrate level, soil density and any other properties as would be recognized by those of skill in the art.) (Eichorn [0067] estimations of soil properties can be sent as sensor input signals 34 to the control system module 40. … allow for the calculation of command signals 36 to be communicated to the various actuators 42 described herein and facilitate the application of down force via the soil engaging devices, such as gauge wheels 24 and/or closing wheels 26. It is further appreciated that the amount of down force to be applied by the actuators 42 is adjustable over time, in real time, and that the module 40 may perform such processing in advance of the implement applying the down force.) (Eichorn [0088; FIG.8A-B] In the implementations of the system 10 shown in FIGS. 8A-8B, a soil compaction sensor 70 such as a force penetrometer 70 is mounted to the planting implement. In these implementations, the soil compaction sensor 70 is constructed and arranged to measure the pre-existing compaction of the soil in the trench 4 ahead of the opening disks 22 and gauge wheels 24), wherein the non-contact soil- density sensing device is configured to emit a detection signal [0074] at an angle of detection that defines the target area [FIG.4B, 0088], ***detected*** by the non-contact soil-density sensing device, and (Eichorn [0088] In these implementations, the soil compaction sensor 70 is constructed and arranged to measure the pre-existing compaction of the soil in the trench 4 ahead of the opening disks 22 and gauge wheels 24); (Eichorn [0074] soil property sensor 30 such as a capacitive sensor is used to measure soil moisture content, which is received by then by the system for processing as soil sensor input (box 100).) (Eichorn [0050] In various implementations, the active control of the one or more ground engaging elements may be modulated by sensor inputs, including information from soil property sensors provided to the system as sensor signals for processing.) Wolleben US-20210270754-A1 discloses in a similar invention field of endeavor, a consideration for detection includes wherein an “… angle of detection is an angle measured relative to a line normal to the ground at which the detection signal is emitted”; (Wolleben [0024] …The sensor assembly 32 is secured to the second end 38 at the angled portion 42 such that the sensor assembly 32 is angled relative to the ground 8, as illustrated in FIG. 1.) (Wolleben [0032] It will be appreciated that many forms of natural microwave radiation (in particular thermal emission, which gives rise to the soil's microwave emission) are unpolarised, whereas manmade signals are frequently polarized, either linearly, circularly or elliptically. It is theoretically expected and found in practice that the angle of incidence between the soil surface and sensor beam also affects the polarization of the measured signal. At higher angles of incidence, the measured soil emission becomes more polarized. Under normal operating conditions of the sensor, the angle of incidence can be kept low enough so that the naturally unpolarized emission of the soil stays unpolarized. Small angles of incidence, however, are allowable to help move the antenna beam away from sources of interference such as vehicles or the like and therefore reduce the effect of manmade signals. Through computation, the remaining polarized portion may be separated from the unpolarised portion within the processor circuit through the following mathematical operation.) PNG media_image1.png 573 689 media_image1.png Greyscale Wolleben: FIG.5 Annotated PNG media_image2.png 576 696 media_image2.png Greyscale Wolleben: FIG.1 PNG media_image3.png 365 694 media_image3.png Greyscale Wolleben: FIG.3 Annotated It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include an angle of detection measured relative to a line normal to the ground with a reasonable expectation for success, as taught by Wolleben, for the benefit of moving the antenna beam away from sources of interference such as vehicles or the like and therefore reduce the effect of manmade signals [0032]. ***detecting*** in front of the non-contact soil-density sensing device encompassing the target area [FIG.10]; (Eichorn [0088; FIG.8A-B] In the implementations of the system 10 shown in FIGS. 8A-8B, a soil compaction sensor 70 such as a force penetrometer 70 is mounted to the planting implement. In these implementations, the soil compaction sensor 70 is constructed and arranged to measure the pre-existing compaction of the soil in the trench 4 ahead of the opening disks 22 and gauge wheels 24), Wolleben US-20210270754-A1 discloses in a similar invention field of endeavor, a consideration for detection includes wherein an “…and the angle of detection is determinative of a distance in front of (i.e. a distance measured from the angled sensor 30 to ground)”; (Wolleben [claim.1] an elongate horizontal mounting frame extending between first and second ends wherein said first end is securable to a mobile agricultural device and wherein said wide-band antenna is secured to said second end so as to position said wide-band antenna at a distance above the ground surface) (Wolleben [0024] …The sensor assembly 32 is secured to the second end 38 at the angled portion 42 such that the sensor assembly 32 is angled relative to the ground 8, as illustrated in FIG. 1.) (Wolleben [0032] It will be appreciated that many forms of natural microwave radiation (in particular thermal emission, which gives rise to the soil's microwave emission) are unpolarised, whereas manmade signals are frequently polarized, either linearly, circularly or elliptically. It is theoretically expected and found in practice that the angle of incidence between the soil surface and sensor beam also affects the polarization of the measured signal. At higher angles of incidence, the measured soil emission becomes more polarized. Under normal operating conditions of the sensor, the angle of incidence can be kept low enough so that the naturally unpolarized emission of the soil stays unpolarized. Small angles of incidence, however, are allowable to help move the antenna beam away from sources of interference such as vehicles or the like and therefore reduce the effect of manmade signals. Through computation, the remaining polarized portion may be separated from the unpolarised portion within the processor circuit through the following mathematical operation.) (Wolleben [0027] FIG. 6, as set out above, each sensor assembly 32 includes a control system 60. The WB antennas 62 receive microwave emissions from the soil, as set out above, and output a data signal. Simultaneously, a GPS receiver 64 receives signals from global positioning system satellites, as is commonly known, to determine the current position of the system 30. ... The control system 60 further includes a data storage 70 of any conventional type operable to store a plurality of entries containing the microwave emissivity and position information for a plurality of sensor and GPS receiver measurements and may optionally include an output display 72 for displaying the corresponding data results. The control system 60 also includes an interface 74 ...) PNG media_image1.png 573 689 media_image1.png Greyscale Wolleben: FIG.5 Annotated PNG media_image3.png 365 694 media_image3.png Greyscale Wolleben: FIG.3 Annotated It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include an angle of detection measured relative to a line normal to the ground and the angle of detection is determinative of a distance with a reasonable expectation for success, as taught by Wolleben, for the benefit of moving the antenna beam away from sources of interference such as vehicles or the like and therefore reduce the effect of manmade signals [0032]. ***sensors*** [FIG.10A; 100]; and Heim US-20170094894-A1 discloses in a similar invention field of endeavor, a consideration for a sensor including a “…ground speed sensor” (Heim [0032] vehicle 152 can include speed sensor 178, position sensor 180, one or more user interface mechanisms 182, and other towing vehicle functionality 184. Speed sensor 178 illustratively generates a speed signal indicative of the travel speed of towing vehicle 152. Position sensor 180 can include, for instance, a global positioning system (GPS) receiver, or a wide variety of other positioning sensors that can sense a geographical position of towing vehicle 152. It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a ground speed sensor with a reasonable expectation for success, as taught by Heim, for the benefit of providing speed information for processing of operations, accounting for movement and/or velocity in completing predetermined tasks. a control unit operatively coupled with the non-contact soil-density sensing device and the ***sensors***, the control unit comprising: (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40) (Eichorn [0066, 0089] In various implementations, and as shown in FIG. 3, the data from various sources may be combined to estimate and predict soil properties via the system 10 and/or database 32. By way of example, in one such implementation, data from a soil survey map may be combined with recent rainfall data to predict soil moisture content and provide sensor input signals 34 to the control system module 40; … the system 10 optionally transmits sensor input 34 from the soil compaction sensor 70 to the module 40) Heim US-20170094894-A1 discloses in a similar invention field of endeavor, a consideration for a sensor including a “…ground speed sensor” (Heim [0032] vehicle 152 can include speed sensor 178, position sensor 180, one or more user interface mechanisms 182, and other towing vehicle functionality 184. Speed sensor 178 illustratively generates a speed signal indicative of the travel speed of towing vehicle 152. Position sensor 180 can include, for instance, a global positioning system (GPS) receiver, or a wide variety of other positioning sensors that can sense a geographical position of towing vehicle 152.) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a ground speed sensor with a reasonable expectation for success, as taught by Heim, for the benefit of providing speed information for processing of operations, accounting for movement and/or velocity in completing predetermined tasks. a processor for processing data and programming; (Eichorn [0007] One or more computer programs can be configured to perform particular operations or actions by virtue of including instructions that, when executed by data processing apparatus, cause the apparatus to perform the actions) memory operatively coupled with the processor to operably store data and programming; and (Eichorn [0025] include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods.) soil density detection logic stored as programming in the memory, the soil density detection logic being executable by the processor to determine the soil density throughout the target area based at least upon the sensed soil density data, (Eichorn [0007, 0067] computer programs; It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42...) wherein the control unit is ***configured to generate data indicative of the soil density detected*** throughout the target area, and (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40) Wolleben US-20210270754-A1 discloses in a similar invention field of endeavor, a consideration for detection includes wherein an “…operably coupled with a global positioning system (GPS) for determining position data, wherein the control unit is configured to generate a soil density profile or map based at least upon the data indicative of the soil density detected throughout the target area by the non-contact soil-density sensing device, the soil density profile or map presented in terms of geographical coordinates from the GPS, and ”; (Wolleben [0027] FIG. 6, as set out above, each sensor assembly 32 includes a control system 60. The WB antennas 62 receive microwave emissions from the soil, as set out above, and output a data signal. Simultaneously, a GPS receiver 64 receives signals from global positioning system satellites, as is commonly known, to determine the current position of the system 30. ... The control system 60 further includes a data storage 70 of any conventional type operable to store a plurality of entries containing the microwave emissivity and position information for a plurality of sensor and GPS receiver measurements and may optionally include an output display 72 for displaying the corresponding data results. The control system 60 also includes an interface 74 ...) PNG media_image4.png 665 695 media_image4.png Greyscale Wolleben: FIG.6 PNG media_image1.png 573 689 media_image1.png Greyscale Wolleben: FIG.5 Annotated It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include GPS signals, information, and display with a reasonable expectation for success, as taught by Wolleben, for the benefit of providing information regarding operational position data, ensuring that operations are carried out at predetermined locations. wherein the control unit is operably coupled with a user interface configured to display the soil density profile or map, and (Eichorn [0060] Accordingly, the soil property sensor 30 according to various implementations may sense various soil properties including but not limited to soil moisture, soil modulus, soil pH, quantity of crop residue present in the soil, soil quality, soil compaction, soil nitrate level, soil density and any other properties as would be recognized by those of skill in the art) (Eichorn [0072, 0075] In a further implementation, the system 10 control module is in operational communication with a user/operator interface 2 configured to display sensor input signals 34 and their associated values and/or other command information to an operator via a user/operator interface 2.) wherein the control unit is operably coupled with an actuator system comprising one or more actuators configured to adjust actuation force on the ground contact portion of the agricultural implement, and the control unit is configured to use data received from the ***sensors*** to determine ***adjustment of*** the actuation force [0072] corresponding to when the agricultural implement is disposed over the target area [0075, 0096], to account for the sensed soil density data [0075]. (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0096] In this implementation, a vehicle-mounted GPS system 50 may be constructed and arranged to measure the implement position in real-time to the system 10 as sensor input 34 as vehicle position input (box 102). This position data (box 102) can be used for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and the command transmitted 36 to the module 40 to apply closing wheel down force (box 130).) (Eichorn [0098] the system 10—after receiving the various sensor input signals 34 via the various soil property sensors 30 and/or databases 32—may adjust any of the various parameters described above, or any additional parameters as would be known, to optimize planting operations. For example, soil property input signals 34 may be used to automatically adjust—increase or decrease—the supplemental downforce applied to the closing wheel 26.) Heim US-20170094894-A1 discloses in a similar invention field of endeavor, a consideration for a sensor including a “…ground speed sensor” (Heim [0032] vehicle 152 can include speed sensor 178, position sensor 180, one or more user interface mechanisms 182, and other towing vehicle functionality 184. Speed sensor 178 illustratively generates a speed signal indicative of the travel speed of towing vehicle 152. Position sensor 180 can include, for instance, a global positioning system (GPS) receiver, or a wide variety of other positioning sensors that can sense a geographical position of towing vehicle 152.) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a ground speed sensor with a reasonable expectation for success, as taught by Heim, for the benefit of providing speed information for processing of operations, accounting for movement and/or velocity in completing predetermined tasks. Achen US-11558991-B2 discloses in a similar invention field of endeavor, a consideration for a determination including a “…a time to adjust the actuation force” (Achen [c.14 l.32] The sensor can be a foresight technology, which is used to view ahead of the opening wheels and other components of the row unit. ... distance can be included in any system, based upon speed of travel, to calculate the time between the sensed condition and the opening mechanism reaching said sensed condition location. Examples of types of sensors which can be utilized include, but are not limited to, laser, radar, temperature, moisture content, distance, soil type, nutrients, compaction, and the like. … to adjust the down force pressure of the row unit accordingly. It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a time to adjust the actuation force with a reasonable expectation for success, as taught by Achen, for the benefit of accounting for movement, orientation, and/or velocity in completing predetermined tasks in order to ensure operations are carried out at a predetermined location/time. 3. (Previously Presented) Eichhorn US-20200128723-A1 discloses The system of claim 1, wherein the control unit further comprises actuator adjustment logic stored in the memory [0025], the actuator adjustment logic being executable by the processor [0007] to determine an amount of actuator force to apply to ground contact portion of the agricultural implement. (Eichorn [0007] One or more computer programs can be configured to perform particular operations or actions by virtue of including instructions that, when executed by data processing apparatus, cause the apparatus to perform the actions) (Eichorn [0025] include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods.) (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40. It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42 described herein and facilitate the application of down force via the soil engaging devices, such as gauge wheels 24 and/or closing wheels 26;) (Eichorn [0069-0075] the control system module 40 receives the sensor input signals 34 and then sends—either manually or automatically—a corresponding command signal 36 to the actuator 42) (Eichorn [0089] the system 10 optionally transmits sensor input 34 from the soil compaction sensor 70 to the module 40. The soil compaction data (box 124). The system processes the soil compaction data (box 124) to determine current soil compaction (box 126) and establish the amount of additional down force required (box 128), which is communicated for adjustment of the actuator signal output (box 116) to send a command signal 36 to the actuator 42) 4. (Original) Eichhorn (US 20200128723 A1) discloses The system of claim 3, wherein the control unit indicates the amount of actuator force to apply to the agricultural implement in the data indicative of the soil density [0067], and wherein the data indicative of the soil density comprises an actuator adjustment command [0072, 0075, 0089]. (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40. It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42 described herein and facilitate the application of down force via the soil engaging devices, such as gauge wheels 24 and/or closing wheels 26;) (Eichorn [0069-0075] the control system module 40 receives the sensor input signals 34 and then sends—either manually or automatically—a corresponding command signal 36 to the actuator 42) (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0089] the system 10 optionally transmits sensor input 34 from the soil compaction sensor 70 to the module 40. The soil compaction data (box 124). The system processes the soil compaction data (box 124) to determine current soil compaction (box 126) and establish the amount of additional down force required (box 128), which is communicated for adjustment of the actuator signal output (box 116) to send a command signal 36 to the actuator 42) 5. (Original) Eichhorn (US 20200128723 A1) discloses The system of claim 1, wherein the control unit is operably coupled with a closing wheels system comprising at least one set of closing wheels configured to close a furrow. (Eichorn [0092] the system 10 constructed and arranged for controlling closing wheel 26 supplemental down force. In these and other implementations, the system 10 may apply supplemental down force to the closing wheel 26 via a closing wheel actuator 42, as would be readily appreciated. The system 10 module may receive signal signals 34 from a database 32 or any of the other soil property sensors 30 described above in relation to FIGS. 2-8B to establish a down force actuator signal output command 36 that is relayed to the closing wheel actuator 42) (Eichorn [0004] Closing wheel pressure must be sufficient to provide good seed-to-soil contact when closing the furrow) 6. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 5, wherein the control unit further comprises closing wheel adjustment logic stored in the memory of the control unit [0025], the closing wheel adjustment logic being executable by the processor to determine an amount of closing pressure [0072, 0075] for the at least one set of closing wheels to apply to the soil. (Eichorn [0025] include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods.) (Eichorn [0067] It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42) (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0092] the system 10 constructed and arranged for controlling closing wheel 26 supplemental down force. In these and other implementations, the system 10 may apply supplemental down force to the closing wheel 26 via a closing wheel actuator 42, as would be readily appreciated. The system 10 module may receive signal signals 34 from a database 32 or any of the other soil property sensors 30 described above in relation to FIGS. 2-8B to establish a down force actuator signal output command 36 that is relayed to the closing wheel actuator 42) 7. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 6, wherein the control unit indicates the amount of closing pressure for the at least one set of closing wheels to apply to the soil in the data indicative of the soil density, wherein the data indicative of the soil density is a closing wheel adjustment command [0072, 0075]. (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0092] the system 10 constructed and arranged for controlling closing wheel 26 supplemental down force. In these and other implementations, the system 10 may apply supplemental down force to the closing wheel 26 via a closing wheel actuator 42, as would be readily appreciated. The system 10 module may receive signal signals 34 from a database 32 or any of the other soil property sensors 30 described above in relation to FIGS. 2-8B to establish a down force actuator signal output command 36 that is relayed to the closing wheel actuator 42) 13. (Currently Amended) The limitations of claim 13 are similar in scope to those disclose in the system of claim(s) 1 and 19. For more information regarding the limitations, please see the rejection in re claim(s) 1 and 19. 14. (Original) The limitations of claim 14 are similar in scope to those disclose in the system of claim 5. For more information regarding the limitations, please see the rejection in re claim 5. 15. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 14, wherein the control unit further comprises: closing wheel adjustment logic stored in the memory [0025], the closing wheel adjustment logic being executable by the processor to determine an amount of closing pressure for the at least one set of closing wheels to apply to the soil [0072, 0075]; and the control unit is configured to provide a closing wheels adjustment command to the closing wheel system based at least upon the data indicative of the soil density detected in the target area, the closing wheels adjustment command indicative of the amount of closing pressure for the closing wheels to apply to the soil [0089]. (Eichorn [0025] include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods.) (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40. It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42 described herein and facilitate the application of down force via the soil engaging devices, such as gauge wheels 24 and/or closing wheels 26) (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0089] the control system module 40 receives the sensor input signals 34 and then sends—either manually or automatically—a corresponding command signal 36 to the actuator 42; [0069, 72, 75]… the system 10 optionally transmits sensor input 34 from the soil compaction sensor 70 to the module 40. The soil compaction data (box 124). The system processes the soil compaction data (box 124) to determine current soil compaction (box 126) and establish the amount of additional down force required (box 128), which is communicated for adjustment of the actuator signal output (box 116) to send a command signal 36 to the actuator 42) 19. (Currently Amended) The limitations of claim 19 are similar in scope to those disclosed in the system of claim(s) 1. For more information regarding the limitations, please see the rejection in re claim(s) 1. 20. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 19, wherein the non-contact sensor comprises one or more of: a radio frequency (RF) sensor, ultrasound sensor, light detection and ranging (LIDAR) sensor, magnetic resonance sensor, ground penetrating radar (GPR), and X-ray detector. (Eichorn [claim.18] wherein at least one sensor input includes at least one of electrical conductivity, capacitance, optical spectroscopy, GPS location, camera signals, map data, force penetrometers, ground penetrating radar, ultrasound, force required for tillage implement to break the soil, and interpolated soil property sensors inserted in or around the field) Claim(s) 8-10 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eichhorn US-20200128723-A1, Wolleben US-20210270754-A1, Heim US-20170094894-A1 and Achen US-11558991-B2, as applied to claim 1 and 13 above and further in view of Martin US-4785890-A. 8. (Original) Eichhorn (US 20200128723 A1) discloses The system of claim 1, wherein the control unit is operably coupled with a row cleaner system **** to work the soil. (Eichorn [0051] Such ground engaging elements may include gauge wheels, closing wheels, opening disks, seed firmers, row cleaners and other elements of a row unit and/or planter as would be known to those of skill in the art) Martin US-4785890-A discloses in a similar invention, regarding ground rotary row cleaning, a consideration for a system comprising “…at least one clear wheel to work the soil”; (Martin [c.11 l.52] It will be appreciated that, where a planter unit which carries the row cleaner of the present invention regulates planting depth by vertically adjusting the gauge wheels, the row cleaner must likewise be carried so as to be vertically adjustable in like amounts, thereby regulating the depth of penetration of the teeth carried by the row clearing wheels) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a row cleaner system comprising at least one clear wheel with a reasonable expectation for success, as taught by Martin, for the benefit of yielding a system configured to remove debris and unwanted materials from actuator components, increasing productivity and preventing efficiency loss by ensuring components function clear of obstruction. 9. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 8, wherein the control unit further comprises row cleaner adjustment logic stored in the memory [0025] of the control unit, the row cleaner adjustment logic being executable by the processor [0050] to determine an amount of force and/or speed **** to work the soil [0072, 0089]. (Eichorn [0025] include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods.) (Eichorn [0050-51] The various embodiments and implementations disclosed and contemplated herein relate to devices, methods and systems for active control of one or more ground engaging elements of a planter. In various implementations, the active control of the one or more ground engaging elements may be modulated by sensor inputs, including information from soil property sensors provided to the system as sensor signals for processing. Such ground engaging elements may include gauge wheels, closing wheels, opening disks, seed firmers, row cleaners and other elements of a row unit and/or planter as would be known to those of skill in the art;]… ) (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40. It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42 described herein and facilitate the application of down force via the soil engaging devices, such as gauge wheels 24 and/or closing wheels 26; … ) (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0089] the control system module 40 receives the sensor input signals 34 and then sends—either manually or automatically—a corresponding command signal 36 to the actuator 42; [0069, 72, 75]… the system 10 optionally transmits sensor input 34 from the soil compaction sensor 70 to the module 40. The soil compaction data (box 124). The system processes the soil compaction data (box 124) to determine current soil compaction (box 126) and establish the amount of additional down force required (box 128), which is communicated for adjustment of the actuator signal output (box 116) to send a command signal 36 to the actuator 42;) Martin US-4785890-A discloses in a similar invention, regarding ground rotary row cleaning, a consideration for a system comprising “…at least one clearing wheel”; (Martin [c.11 l.52] It will be appreciated that, where a planter unit which carries the row cleaner of the present invention regulates planting depth by vertically adjusting the gauge wheels, the row cleaner must likewise be carried so as to be vertically adjustable in like amounts, thereby regulating the depth of penetration of the teeth carried by the row clearing wheels) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a row cleaner system comprising at least one clear wheel with a reasonable expectation for success, as taught by Martin, for the benefit of yielding a system configured to remove debris and unwanted materials from actuator components, increasing productivity and preventing efficiency loss by ensuring components function clear of obstruction. 10. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 9, wherein the control unit indicates the amount of intensity for the clearing wheel to work the soil in the data indicative of the soil density, wherein the data indicative of the soil density is a row cleaner adjustment command. (Eichorn [0050-51] The various embodiments and implementations disclosed and contemplated herein relate to devices, methods and systems for active control of one or more ground engaging elements of a planter. In various implementations, the active control of the one or more ground engaging elements may be modulated by sensor inputs, including information from soil property sensors provided to the system as sensor signals for processing. Such ground engaging elements may include gauge wheels, closing wheels, opening disks, seed firmers, row cleaners and other elements of a row unit and/or planter as would be known to those of skill in the art;]… ) (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40. It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42 described herein and facilitate the application of down force via the soil engaging devices, such as gauge wheels 24 and/or closing wheels 26; … ) (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0089] the control system module 40 receives the sensor input signals 34 and then sends—either manually or automatically—a corresponding command signal 36 to the actuator 42; [0069, 72, 75]… the system 10 optionally transmits sensor input 34 from the soil compaction sensor 70 to the module 40. The soil compaction data (box 124). The system processes the soil compaction data (box 124) to determine current soil compaction (box 126) and establish the amount of additional down force required (box 128), which is communicated for adjustment of the actuator signal output (box 116) to send a command signal 36 to the actuator 42;) Martin US-4785890-A discloses in a similar invention, regarding ground rotary row cleaning, a consideration for a system comprising “…at least one clearing wheel”; (Martin [c.11 l.52] It will be appreciated that, where a planter unit which carries the row cleaner of the present invention regulates planting depth by vertically adjusting the gauge wheels, the row cleaner must likewise be carried so as to be vertically adjustable in like amounts, thereby regulating the depth of penetration of the teeth carried by the row clearing wheels) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a row cleaner system comprising at least one clear wheel with a reasonable expectation for success, as taught by Martin, for the benefit of yielding a system configured to remove debris and unwanted materials from actuator components, increasing productivity and preventing efficiency loss by ensuring components function clear of obstruction. 16. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 13, wherein the control unit is operably coupled with a row cleaner system **** to work the soil. (Eichorn [0051] Such ground engaging elements may include gauge wheels, closing wheels, opening disks, seed firmers, row cleaners and other elements of a row unit and/or planter as would be known to those of skill in the art) Martin US-4785890-A discloses in a similar invention, regarding ground rotary row cleaning, a consideration for a system comprising “…at least one clear wheel to work the soil”; (Martin [c.11 l.52] It will be appreciated that, where a planter unit which carries the row cleaner of the present invention regulates planting depth by vertically adjusting the gauge wheels, the row cleaner must likewise be carried so as to be vertically adjustable in like amounts, thereby regulating the depth of penetration of the teeth carried by the row clearing wheels) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a row cleaner system comprising at least one clear wheel with a reasonable expectation for success, as taught by Martin, for the benefit of yielding a system configured to remove debris and unwanted materials from actuator components, increasing productivity and preventing efficiency loss by ensuring components function clear of obstruction. 17. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 16, wherein the control unit further comprises: row cleaner adjustment logic stored in the memory [0025], the row cleaner adjustment logic being executable by the processor to determine an amount of speed or force used **** to work the soil [0067, 0072]; and the control unit is configured to provide a row cleaner adjustment command to the row cleaner system based at least upon the data indicative of the soil density detected in the target area [0055], the row cleaner adjustment command indicative the amount of speed or force used **** to work the soil [0089]. (Eichorn [0025] include corresponding computer systems, apparatus, and computer programs recorded on one or more computer storage devices, each configured to perform the actions of the methods.) (Eichorn [0050-51] The various embodiments and implementations disclosed and contemplated herein relate to devices, methods and systems for active control of one or more ground engaging elements of a planter. In various implementations, the active control of the one or more ground engaging elements may be modulated by sensor inputs, including information from soil property sensors provided to the system as sensor signals for processing. Such ground engaging elements may include gauge wheels, closing wheels, opening disks, seed firmers, row cleaners and other elements of a row unit and/or planter as would be known to those of skill in the art;]… ) (Eichorn [0067] As shown in the implementations of FIGS. 2-3, estimations of soil properties can be sent as sensor input signals 34 to the control system module 40. It is understood that the control system module 40 according to these implementations is constructed and arranged to be capable of receiving data inputs for processing and/or storage, so as to allow for the calculation of command signals 36 to be communicated to the various actuators 42 described herein and facilitate the application of down force via the soil engaging devices, such as gauge wheels 24 and/or closing wheels 26; … ) (Eichorn [0072, 0075] For example, soil property input signals 34 may be received by the control module 40 which may send an output command signal 36 to automatically adjust—increase or decrease—the supplemental downforce applied to the row unit 20 or gauge wheel 24, as shown in FIG. 3… This position data can be routed to the control module 40 for example via signal transmission 34 for processing and/or use in conjunction with data drawn from a database 32 containing, for example, USDA soil survey map data (box 104) to determine or otherwise establish the soil classification/properties (box 110) at the specified location in the field and then transmitted 36 to the module 40.) (Eichorn [0089] the control system module 40 receives the sensor input signals 34 and then sends—either manually or automatically—a corresponding command signal 36 to the actuator 42; [0069, 72, 75]… the system 10 optionally transmits sensor input 34 from the soil compaction sensor 70 to the module 40. The soil compaction data (box 124). The system processes the soil compaction data (box 124) to determine current soil compaction (box 126) and establish the amount of additional down force required (box 128), which is communicated for adjustment of the actuator signal output (box 116) to send a command signal 36 to the actuator 42;) Martin US-4785890-A discloses in a similar invention, regarding ground rotary row cleaning, a consideration for a system comprising “…at least one clearing wheel”; (Martin [c.11 l.52] It will be appreciated that, where a planter unit which carries the row cleaner of the present invention regulates planting depth by vertically adjusting the gauge wheels, the row cleaner must likewise be carried so as to be vertically adjustable in like amounts, thereby regulating the depth of penetration of the teeth carried by the row clearing wheels) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include a row cleaner system comprising at least one clear wheel with a reasonable expectation for success, as taught by Martin, for the benefit of yielding a system configured to remove debris and unwanted materials from actuator components, increasing productivity and preventing efficiency loss by ensuring components function clear of obstruction. Claim(s) 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eichhorn US-20200128723-A1, Wolleben US-20210270754-A1, Heim US-20170094894-A1 and Achen US-11558991-B2, as applied to claim 1 and 13 above and further in view of Peake US-20220058770-A1.. 11. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 1, wherein the ***the system includes detection***. (Eichorn [FIG.10B]) Peake US-20220058770-A1 discloses in a similar invention field of endeavor, a consideration for “…wherein the angle of detection is in a range of 15°-25°, inclusive, relative to the normal line” (Peake [0012] tilt angle may affect identification and treatments of plants. The tilt angle may be any of an angle between a front surface of the plurality of image sensors and the field, … image sensors may have a first tilt angle of less than 35 degrees relative to a vector … may have a second tilt angle greater or equal to 35 degrees relative to the vector. ...) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include an angle of detection is in a range of 15°-25°, inclusive, relative to the normal line with a reasonable expectation for success, as taught by Peake, for the benefit of providing a range of sensor angles other than 90 degrees, allowing a system to detect or sense operations in a range of positions relative to the system in order to facilitate appropriate response times for applied implements (see [0075]). 18. (Previously Presented) Eichhorn (US 20200128723 A1) discloses The system of claim 13, wherein the ***the system includes detection***. (Eichorn [FIG.10B]) Peake US-20220058770-A1 discloses in a similar invention field of endeavor, a consideration for “…wherein the angle of detection is in a range of 15°-25°, inclusive, relative to the normal line” (Peake [0012] tilt angle may affect identification and treatments of plants. The tilt angle may be any of an angle between a front surface of the plurality of image sensors and the field, … image sensors may have a first tilt angle of less than 35 degrees relative to a vector … may have a second tilt angle greater or equal to 35 degrees relative to the vector. ...) It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Eichhorn to include an angle of detection is in a range of 15°-25°, inclusive, relative to the normal line with a reasonable expectation for success, as taught by Peake, for the benefit of providing a range of sensor angles other than 90 degrees, allowing a system to detect or sense operations in a range of positions relative to the system in order to facilitate appropriate response times for applied implements (see [0075]). Conclusion It should be noted that there exists prior art which is pertinent to significant though unclaimed features of the defined invention or directed to the state of art. The following is a brief description of relevant prior art cited but not applied: Anderson (US-9405039-B2) discloses in a similar invention, a consideration for Examples of operational settings of an implement include the operational height of ground engaging member 30 and/or the speed of the vehicle pushing, pulling or carrying implement 24. Such stored data may indicate that accumulations more frequently occurred at a particular time of day, when implement 24 was operated at particular air temperatures or at particular soil temperatures, at particular humidities or under certain operational parameters such as a certain ground engaging member depths or at certain speeds. Such factors may vary from one field to another or from location to location in a field. See PTO-892: Notice of references cited. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JOHN MOSCOLA whose telephone number is (571)272-6944. The examiner can normally be reached M-F 7:30-5:30. 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, Abby Flynn can be reached on (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M.J.M./Examiner, Art Unit 3663 /ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
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Prosecution Timeline

Show 7 earlier events
Aug 19, 2025
Response Filed
Sep 11, 2025
Final Rejection mailed — §103
Dec 11, 2025
Response after Non-Final Action
Jan 12, 2026
Request for Continued Examination
Feb 14, 2026
Response after Non-Final Action
Mar 11, 2026
Non-Final Rejection mailed — §103
Jul 01, 2026
Response Filed
Sep 24, 2026
Final Rejection mailed — §103 (current)

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