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 non-final action is in response to Applicant’s appealed filing of 10/26/2025.
Claims 1-8 and 10-12 are currently pending and have been examined.
Response to Appeal Brief
In view of the appeal brief filed on 10/26/2025, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
Response to Arguments
Applicant’s arguments with respect to claims 1-8 and 10-12, rejected under 35 USC § 103, filed in the appeal brief on 10/26/2025, 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 (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 1-4, 6-8, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Diekhans et al. (US 20070233348 A1; reference incorporated from ruling found in European Search Opinion filed 10/27/2022 regarding family application EP 22174863) in view of Takeda et al. (US 20200128726 A1).
Regarding claim 1, Diekhans discloses a work method (see at least abstract) comprising:
driving a plurality of work vehicles including at least one automatic traveling work vehicle to automatically travel on a travel path created in a farm field (see at least abstract and ¶ [0005] disclosing controlling several combine harvesters capable of GPS-assisted automatic driving and steering);
dividing by an allocating process that divides a work area of the farm field into a plurality of work blocks based on each of the work vehicles, and that allocates any of the plurality of work vehicles to each of the work blocks (see at least ¶ [0052-0055] and Figs. 2-3 disclosing each combine harvester being assigned to different crop beds that subdivide a field);
and working the plurality of work vehicles by a working process to work on the plurality of work blocks (see at least abstract and ¶ [0038] and [0041] disclosing a driving control unit working in tandem with a route planning system to make the combine harvester follow a reference line),
wherein a shape of the plurality of work blocks dividing the work area is selectable by the allocating process (see at least ¶ [0052-0053] and Figs. 3-4 disclosing using reference lines to select and subdivide a polygonal field into different sized subregions).
While Diekhans discloses communication through mobile wireless means (see at least ¶ [0029]), it does not explicitly disclose dividing by and allocation process and transmitting through a portable terminal.
However, Takeda teaches a mobile terminal management computer for setting, dividing, and allocating a field map into a plurality of areas corresponding to growth, yield, crops, and/or soil data (see at least ¶ [0033], [0041], [0050-0055], [0064-0069], [0079], and [0083-0086]).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the mobile terminal of Takeda into the work allocation system of Diekhans with a reasonable expectation of success because both inventions are directed toward dividing area and information of an agricultural area worked by a combine harvester. Takeda demonstrates that it is known in the art to divide area and information of an agricultural area through a mobile terminal to inform and direct future combine harvester operations, and would be obvious to one of ordinary skill in the art to use and provide ease of access to direct the combines.
Regarding claim 2, Diekhans discloses the allocating process, based on a work width of each of the work vehicles, divides the work area into the plurality of work blocks, and allocates the work vehicles to the work blocks (see at least ¶ [0052-0055] and Figs. 2-3 disclosing each combine harvester being assigned to different crop beds that subdivide a field based on the working width of the combine harvester).
Regarding claim 3, Diekhans discloses when the respective work vehicles are different in work width, the allocating process divides the work area into the work blocks of different sizes, and allocates the work vehicles' work vehicle, that has a larger work width, to a larger work block of the work blocks (see at least ¶ [0052-0055] and Figs. 2-3 disclosing each combine harvester being assigned to different crop beds of different sizes based on the working width of the combine harvester).
Regarding claim 4, Diekhans discloses the plurality of work vehicles is a plurality of combine harvesters (see at least ¶ [0036] disclosing the machine systems are combine harvesters),
and when the respective combine harvesters are different in the number of harvestable strips constituting the work widths, the allocating process divides the work area into the work blocks of different sizes, and allocates the combine harvesters' combine harvester, that has a larger number of harvestable strips, to the larger work block (see at least ¶ [0052-0055] and Figs. 2-3 disclosing each combine harvester being assigned to different crop beds of different sizes based on the working width of the combine harvester, with smaller harvesters working smaller beds).
Regarding claim 6, Diekhans discloses the plurality of work vehicles is a plurality of combine harvesters (see at least ¶ [0036] disclosing the machine systems are combine harvesters),
and the allocating process divides the work area into a plurality of work blocks by performing, by the combine harvesters' combine harvester as the automatic traveling work vehicle, a section harvesting traveling to sectionalize the plurality of work blocks, and thereafter allocates any of the plurality of the combine harvesters to each of the work blocks (see at least ¶ [0017-0020] disclosing the field is divided into individual crop beds by reference lines that a combine harvester travels to create the subregions and harvest an allocated bed).
Regarding claim 7, Diekhans discloses the allocating process divides the work area into a plurality of the work blocks so that the section harvesting traveling from one end side to another end side in a direction of intersecting with a strip direction of the farm field, and allocates the combine harvester as the automatic traveling work vehicle to the work blocks' work block on the other end side (see at least ¶ [0017-0020] and Figs. 2-5 disclosing the field is divided into individual crop beds by reference lines that a combine harvester travels to create the subregions and harvest an allocated bed, with reference lines and paths traveling across from one end of the field to the other),
and the working process performs work from the work block on the other end side by the combine harvester as the automatic traveling work vehicle (see at least ¶ [0017-0020] and Figs. 2-5 disclosing the combine harvesters harvest their assigned beds by following reference lines and paths that travel across from one end of the field to the other).
Regarding claim 8, Diekhans discloses which of the plurality of work vehicles is to be allocated to each of the work blocks is selectable by the allocating process (see at least ¶ [0052-0055] and Figs. 2-3 disclosing each combine harvester being assigned to different crop beds that subdivide a field).
Regarding claim 11, Diekhans discloses a work system (see at least abstract) comprising:
a work vehicle that automatically travels based on a travel path created in a farm field (see at least abstract and ¶ [0005] disclosing controlling several combine harvesters capable of GPS-assisted automatic driving and steering), and
a work allocator that divides a work area of the farm field into a plurality of work blocks based on a plurality of work vehicles including the work vehicle and another work vehicle, and that allocates any of the plurality of work vehicles to each of the work blocks (see at least ¶ [0038], [0041], and [0052-0055] and Figs. 2-3 disclosing each combine harvester possessing a route planner that plots reference lines to follow that assign each combine harvester to different crop beds that subdivide a field),
wherein the work vehicle includes a self-driving controller that performs work on the work block allocated to the work vehicle (see at least abstract and ¶ [0038] and [0041] disclosing a driving control unit working in tandem with a route planning system to make the combine harvester follow a reference line),
and a shape of the plurality of work blocks dividing the work area is selectable by the allocating process (see at least ¶ [0052-0053] and Figs. 3-4 disclosing using reference lines to select and subdivide a polygonal field into different sized subregions).
While Diekhans discloses communication through mobile wireless means (see at least ¶ [0029]), it does not explicitly disclose dividing by and allocation process and transmitting through a portable terminal.
However, Takeda teaches a mobile terminal management computer for setting, dividing, and allocating a field map into a plurality of areas corresponding to growth, yield, crops, and/or soil data (see at least ¶ [0033], [0041], [0050-0055], [0064-0069], [0079], and [0083-0086]).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the mobile terminal of Takeda into the work allocation system of Diekhans with a reasonable expectation of success because both inventions are directed toward dividing area and information of an agricultural area worked by a combine harvester. Takeda demonstrates that it is known in the art to divide area and information of an agricultural area through a mobile terminal to inform and direct future combine harvester operations, and would be obvious to one of ordinary skill in the art to use and provide ease of access to direct the combines.
Regarding claim 12, Diekhans discloses a work system comprising:
a plurality of work vehicles including at least one automatic traveling work vehicle that automatically travel based on a travel path created in a farm field (see at least abstract and ¶ [0005] disclosing controlling several combine harvesters capable of GPS-assisted automatic driving and steering);
a work allocator that divides a work area of the farm field into a plurality of work blocks based on each of the work vehicles, and that allocates any of the plurality of work vehicles to each of the work blocks (see at least ¶ [0038], [0041], and [0052-0055] and Figs. 2-3 disclosing each combine harvester possessing a route planner that plots reference lines to follow that assign each combine harvester to different crop beds that subdivide a field),
wherein the plurality of work vehicles perform a work of the respectively allocated work blocks (see at least abstract and ¶ [0038] and [0041] disclosing a driving control unit working in tandem with a route planning system to make the combine harvester follow a reference line),
and a shape of the plurality of work blocks dividing the work area is selectable by the allocating process (see at least ¶ [0052-0053] and Figs. 3-4 disclosing using reference lines to select and subdivide a polygonal field into different sized subregions).
While Diekhans discloses communication through mobile wireless means (see at least ¶ [0029]), it does not explicitly disclose dividing by and allocation process and transmitting through a portable terminal.
However, Takeda teaches a mobile terminal management computer for setting, dividing, and allocating a field map into a plurality of areas corresponding to growth, yield, crops, and/or soil data (see at least ¶ [0033], [0041], [0050-0055], [0064-0069], [0079], and [0083-0086]).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the mobile terminal of Takeda into the work allocation system of Diekhans with a reasonable expectation of success because both inventions are directed toward dividing area and information of an agricultural area worked by a combine harvester. Takeda demonstrates that it is known in the art to divide area and information of an agricultural area through a mobile terminal to inform and direct future combine harvester operations, and would be obvious to one of ordinary skill in the art to use and provide ease of access to direct the combines.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Diekhans et al. and Takeda et al., as applied to claim 1 above, and in view of Turpin et al. (US 20170280614 A1; reference incorporated from ruling found in European Search Opinion filed 10/27/2022 regarding family application EP 22174863).
Regarding claim 5, Diekhans discloses the plurality of work vehicles is a plurality of combine harvesters (see at least ¶ [0036] disclosing the machine systems are combine harvesters).
The combination of Diekhans and Takeda does not disclose when the combine harvesters are different in available capacity of a reservoir for reserving a grain harvested by each of the combine harvesters, the allocating process, based on the available capacity of the reservoir of each of the combine harvesters, divides the work area into the plurality of work blocks and allocates the combine harvesters to the work blocks.
However, Turpin suggests when the combine harvesters are different in available capacity of a reservoir for reserving a grain harvested by each of the combine harvesters, the allocating process, based on the available capacity of the reservoir of each of the combine harvesters, divides the work area into the plurality of work blocks and allocates the combine harvesters to the work blocks (see at least claims 4 and 14 disclosing assignment of each of agricultural machines is according to at least one of the individual capacities of the agricultural machines).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate capacity considerations of Turpin into the combination of Diekhans and Takeda with a reasonable expectation of success because all inventions are directed toward the operation of combine harvesters operating simultaneously in designated sections of a field. Turpin demonstrates that it would be obvious to assign a combine harvester to a crop bed while considering its capacity.
Regarding claim 10, the combination of Diekhans and Takeda does not disclose the allocating process sets a transfer path for transferring between the work blocks, on one side of the farm field in a strip direction.
However, Turpin suggests the allocating process sets a transfer path for transferring between the work blocks, on one side of the farm field in a strip direction (see at least ¶ [0021] and Fig. 1 disclosing haul vehicles and/or chaser carts traveling along harvested swaths and headlands around a field perimeter to travel between combines working in unharvested swaths).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to incorporate the transitional tracts of Turpin into the combination of Diekhans and Takeda with a reasonable expectation of success because both inventions are directed toward the operation of combine harvesters operating simultaneously in designated sections of a field. This would allow companion and/or support vehicles to travel between individual beds or even other fields without interfering with the operations of the combine harvesters.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED C BEAN whose telephone number is (571)272-5255. The examiner can normally be reached 7:30AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Z Mehdizadeh can be reached at (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.C.B./Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669