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 Amendment
Applicant’s amendment filed on October 6, 2025 amends claims 1-2, 8, 11, 16-18, cancels claims 9, 19-20, and adds claim 21. Claims 1-8, 10-18, and 21 are pending.
Response to Arguments
Applicant's arguments filed on October 6, 2025 regarding the newly presented claim limitations have been fully considered and are unpersuasive and/or moot as shown in the rejections that follow. Amended claim 1 is taught by Horvaki (previously cited in the rejection for claim 9), in combination with the previously cited references used in the rejection of claim 1, Wilkin and Vartak, as shown in detail in the rejections that follow.
Claim Objections
Claim 1 is objected to because of the following informalities:
The words “between operating parameters of the at least one process unit …” should be changed to “between the one or more operating parameters of the at least one process unit …”.
The words “or is transferred to the driver assistance system before a working operation of the agricultural production machine;” should be changed to “or is transferred to the driver assistance system before performing a working operation of the agricultural production machine;”.
Claim 2 is objected to because of the following informalities:
The words “wherein the control characteristic curve 1 is based on the minimum or maximum …” should be changed to “wherein the control characteristic curve is based on the minimum or maximum …”.
Claim 18 is objected to because of the following informalities:
The words “wherein the at least one process unit comprises a draper” should be changed to “wherein the at least one process unit comprises a draper;”.
Appropriate corrections are required to address the above-identified issues.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-8, 10-18, and 21 are rejected under 35 U.S.C. 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “… is configured to operate the characteristic diagram control using the at least one characteristic diagram: …”. It is unclear what the characteristic diagram control is referring to, as there is no previous instance of the term “characteristic diagram control”. The foregoing antecedent basis issue requires correction. Appropriate amendments are required to address the foregoing issues. No new matter should be added. For the sake of an examination on the merits, the Examiner will strike-out the clause associated with above-identified claim language.
Each of claims 2-8, 10-18, and 21 depend on claim 1. Since claims 2-8, 10-18, and 21 fail to resolve the deficiencies of claim 1, they are also rejected under 35 U.S.C. 112(b), second paragraph for the same reasons as stated above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, 11, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Wilken et al. (US 2014/0019017) in view of Vartak et al. (US 2019/0243319) and further in view of Horvaki et al. (JP 2006024189A) (English translation previously provided on 7/23/2025).
Regarding claim 1, Wilken teaches an agricultural production machine comprising: a driver assistance system including a characteristic diagram control device, wherein the characteristic diagram control device comprises at least one controller [and at least one memory]; (see Wilken at the Abstract which discloses that an agricultural working machine has a control/regulating unit designed to adjust and monitor working parameters. Examiner maps control/regulating unit to the at least one controller. Examiner maps agricultural working machine to agricultural production machine. Examiner maps control/regulating unit to characteristic diagram control device. Examiner maps the control unit to the at least one controller. Further, see Wilken at [0023] which discloses that the control/regulating unit 23 is coupled to a driver assistance system 28 and that the driver assistance system 28 also can be integrated directly in the control/regulating unit 23.)
[wherein the at least one memory] is configured to store at least one characteristic diagram used by the at least one controller for selecting one or more operating parameters of at least one process unit of the agricultural production machine; (see Wilken at the Abstract which discloses adjusting and monitoring working parameters and quality parameters of an agricultural working machine using stored families of characteristics and that the control/regulating unit actuates defined measurement points in the stored families of characteristics and the specifically actuated measurement points are located in the boundary regions of the family of characteristics or outside the active working region of the particular family of characteristics; see Wilken at [0029] which discloses that the characteristic curves 49 form a family of characteristics 48 that describe various weighting variables 51 of the agricultural working machine 1 as a function of influencing variables 50 and that the weighting variable is the above-described quality parameter 40; see Wilken at [0029] which discloses that in the exemplary embodiment shown, the influencing variables 50 include, at least, the rotational speed of a separating device 10 designed as a separating rotor 9, the rotation speed of the fan 16 assigned to the cleaning device 17 and the opening width of the sieve levels 14, 15. Wilken at [0030] further discloses that during operation of the agricultural working machine 1, the operating points 52 that are ascertained are added directly to the family or characteristics 48; see Wilken at [0038] which discloses that each of the available automatic settings 45 can be activated and deactivated independently of one another automatically or triggered by the operator 24, thereby making it possible to select any number of the simultaneously operating automatic settings 45 and that the operator 24 enters a defined value in order to deliberately change a working parameter 37.. Examiner maps operating points to the recited operating parameters. Examiner notes that the characteristic curves forming a family of characteristics shown at Fig. 3a of Wilken correspond to at least one characteristic diagram designed as an initial characteristic diagram and that storing families of characteristics correspond to storing at least the one characteristic diagram. Examiner maps separating device or cleaning device of an agricultural working machine to the at least one process unit.)
wherein at least one characteristic diagram is designed as an initial characteristic diagram; wherein in the initial characteristic diagram, initial operating points describe at least a relationship between operating parameters of the at least one process unit and one or more quality parameters; (see Wilken at [0004] which discloses that if the machine and crop parameters change abruptly here, the control/regulating unit must operate in another region of the stored families of characteristics, whereby it may become necessary for these families of characteristics to first adapt to the new basic conditions, such as crop properties; see Wilken at Fig. 3a which discloses characteristic curves 49 forming a family of characteristics 48; see Wilken at [0029] which discloses that the weighting variable is the above-described quality parameter 40 and that in the exemplary embodiment shown, the influencing variables 50 include, at least, the rotational speed of a separating device 10 designed as a separating rotor 9, the rotation speed of the fan 16 assigned to the cleaning device 17 and the opening width of the sieve levels 14, 15. Examiner notes that families of characteristics first adapting to new basic conditions, such as crop properties corresponds to wherein at least one characteristic diagram being designed as an initial characteristic diagram. Examiner maps one or more of the operating points to the initial operating points. Examiner notes that Wilken at [0029] equates a weighting variable to a quality parameter. Examiner notes that Wilken teaches that a relationship exists between the operating points or operating parameters of the characteristic curves and the weighting variables or quality parameters.)
wherein a control characteristic curve is associated with the at least one characteristic diagram; (see Wilken at [0004] which discloses that if the machine and crop parameters change abruptly here, the control/regulating unit must operate in another region of the stored families of characteristics, whereby it may become necessary for these families of characteristics to first adapt to the new basic conditions, such as crop properties; see Wilken at [0029] in conjunction with Fig. 3a which discloses characteristic curves 49 forming a family of characteristics 48 that describe various weighting variables 51 of the agricultural working machine 1 as a function of influencing variables 50. Examiner maps one of the characteristic curves 49 to the control characteristic curve associated with the at least one characteristic diagram.)
wherein the control characteristic curve is positioned relative to a minimum or a maximum of at least one of the one or more quality parameters; and wherein the at least one controller, using the at least one characteristic diagram, is configured to select the one or more operating parameters of the at least one process unit of the agricultural production machine (see Wilken at [0029] which discloses that the characteristic curves 49 forming a family of characteristics 48 describe various weighting variables 51 of the agricultural working machine 1 as a function of influencing variables 50 and that in the present case, the weighting variable 51 is the above-described quality parameter 40; see Wilken at Fig. 3a, at the upper or lower portion of characteristic curves 49, which depicts characteristic curves 49 positioned relative to a minimum or a maximum of the one or more quality parameters; Examiner notes that influencing variable may correspond to operating parameter. Also, see Wilken at [0038] which discloses that each of the available automatic settings 45 can be activated and deactivated independently of one another automatically or triggered by the operator 24, thereby making it possible to select any number of the simultaneously operating automatic settings 45. Preferably, all the automatic settings 45 are always activated in order to optimize the mode of operation of the agricultural working machine 1. Examiner has shown a teaching of the foregoing claimed features based on a broadest reasonable interpretation of the claimed language.)
Wilken does not expressly disclose at least one memory, which in a related art Vartak discloses (see Vartak at [0037] which discloses that each of the controllers could include one or more processing devices 142 and one or more memories 144 for storing instructions and data used, generated, or collected by the processing device(s) 142.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wilken to include at least one memory, as taught by Vartak.
One would have been motivated to make such a modification to store instructions and data used, generated, or collected by processing devices, as suggested by Vartak at [0037].
The modified Wilken further discloses: [wherein the driver assistance system, using the at least one controller, is configured to operate the characteristic diagram control using the at least one characteristic diagram;]
wherein the characteristic diagram control device is configured so that the initial characteristic diagram is stored in a start configuration in the driver assistance system or is transferred to the driver assistance system before a working operation of the agricultural production machine; (see Wilkin at [0002] which discloses that the invention relates to an agricultural working machine comprising at least one control/regulating unit designed to adjust and monitor working parameters or quality parameters or both of the harvesting machine, which influence a harvesting process, in an automatable manner using stored families of characteristics; see Wilken at [0013] which discloses that the operator of the agricultural working machine also is provided with a quick overview of the state of activation of the available automatic settings when the families of characteristics describing the quality criteria are stored in automatic settings; see Wilken at [0042] which discloses that the automatic settings 45 also are automatically activated upon startup of the agricultural working machine 1.)
wherein the characteristic diagram control device is configured so that the initial characteristic diagram is [cyclically] updated during the working operation of the agricultural production machine and is stored as a new initial characteristic diagram; and wherein the at least one controller, as part of the driver assistance system, is configured to automatically control the at least one process unit of the agricultural production machine using the one or more operating parameters selected (see Wilken at the Abstract which discloses monitoring and adjusting working parameters and quality parameters of an agricultural working machine using stored families of characteristics and that the control/regulating unit actuates defined measurement points in the stored families of characteristics and the specifically actuated measurement points are located in the boundary regions of the family of characteristics or outside the active working region of the particular family of characteristics. Examiner maps monitoring and adjusting to updating the initial characteristic diagram as a new initial characteristic diagram during a working mode of the agricultural production machine. Examiner notes that Wilken at Fig. 3a depicts a characteristic diagram showing weighting variables and influencing variables associated with operating points of the agricultural production machine; furthermore, see Wilken at the [0002] which discloses that the invention relates to an agricultural working machine comprising at least one control/regulating unit designed to adjust and monitor working parameters or quality parameters or both of the harvesting machine, which influence a harvesting process, in an automatable manner using stored families of characteristics; see Wilken at [0007] which discloses that in an embodiment, and agricultural working machine is equipped with at least one control/regulating unit that adjusts and monitors working parameters, quality parameters (or both) of the harvesting machine, which parameters influence a harvesting process, in an automatable manner using stored families of characteristics and that the agricultural working machine is made possible and has the effect, in particular, that the stored family of characteristics in the entire stored range of values enables the agricultural working machine to achieve a good working result, see Wilken at [0008] which discloses the automated adjustment and monitoring of a working parameter or the quality parameter (or both), of the working parameter or the quality parameter (or both), upon activation of the specific actuation of a defined measurement point; see Wilken at [0013] which further discloses that the operator of the agricultural working machine also is provided with a quick overview of the state of activation of the available automatic settings when the families of characteristics describing the quality criteria are stored in automatic settings. Examiner notes that automated adjustment of a working parameter or quality parameter using stored families of characteristics corresponds to cyclically updating during the working operation of the agricultural production machine and is stored as a new initial characteristic diagram. Examiner has shown a teaching based on a broadest reasonable interpretation of the claimed language in light of what is written in the specification.)
The modified Wilken does not expressly disclose cyclically updating which in a related art Horvaki teaches (see Horvaki at page 5 which discloses that in addition to selecting which parameters should be recorded and stored, how often parameters should be recorded and stored, or reported or transferred, and that the selection of operating parameters and display of recording rate and reporting rate may be done in several ways, that these selections and configurations may be input to the data acquisition system 12 via the offsite system 20 as described above and that during communication with work machine 10, periodically scheduled or as needed, controller 22 may be updated with new selections and configurations. Examiner notes that updating the controller periodically or as needed corresponds to cycling updating.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wilken to perform cyclical updating, as taught by Horvaki.
Regarding claim 2, the modified Wilken teaches the agricultural production machine of claim 1, wherein the control characteristic curve 1 is based on the minimum or maximum of the at least one of the one or more quality parameters; (see Wilken at [0029] in conjunction with Fig. 3a which discloses characteristic curves 49 forming a family of characteristics 48 which describe various weighting variables 51 of the agricultural working machine 1 as a function of influencing variables 50 and that in the present case, the weighting variable 51 is the above-described quality parameter 40; Examiner notes that points on the bottom of the one of the characteristic curves correspond to the minimum of the at least one of the of the one or more quality parameters.)
and wherein the at least one controller is configured to: determine instantaneous operating points in a working mode as a function of measurands; convert the instantaneous operating points into quasi-stationary operating points; overwrite one or more of the initial operating points or previously updated operating points of the at least one characteristic diagram; (see Wilken at [0030] which discloses that during operation of the agricultural working machine 1 (i.e., use of the combine harvester 2 for harvesting in this case), the operating points 52 that are ascertained are added directly to the family of characteristics 48 and that the agricultural working machine 1 often operates only in a small range 53 of the particular family of characteristics 48 that is stored. Examiner notes that operating points that are measured or ascertained and added to the family of characteristics correspond to instantaneously converting the instantaneous operating points into quasi-stationary operating points.)
convert at least a part of the initial characteristic diagram into an updated characteristic diagram; and determine an updated control characteristic curve of the updated characteristic diagram (see Wilken at [0028] which discloses that due to the complex interrelationships between highly diverse machine parameters 38a-c and at least the quality parameters 40, the possible settings for the separating device 10 and the cleaning device 17 are stored in automatic settings 45, that in the embodiment shown (FIG. 2), an automatic separation setting 46 for optimizing the mode of operation of the separating device 10 and an automatic cleaning setting 47 for optimizing the mode of operation of the cleaning device 17 are programmed and stored in the control/regulating device 23 and that each of the available automated automatic settings 45 also may be stored in entirety or in part in the driver assistance system 28; see Wilken at [0030] which discloses that during operation of the agricultural working machine 1 (i.e., use of the combine harvester 2 for harvesting in this case), the operating points 52 that are ascertained are added directly to the family of characteristics 48 and that the agricultural working machine 1 often operates only in a small range 53 of the particular family of characteristics 48 that is stored; see Wilken at [0030] which discloses that according to the illustration at the bottom of FIG. 3a, the agricultural working machine 1 often operates only in a small range 53 of the particular family of characteristics 48 that is stored, that in order to ensure that the family of characteristics 48 stored in the control/regulating device 23 accurately depicts the particular separating or cleaning process to be modeled in the entire predefined range of values, measurement points 54 that are not located in the currently occupied region 53 of the particular family of characteristics 48 or, are not located in the boundary regions thereof (or both) are actuated at regular intervals. Examiner notes that optimizing the mode of operation of the separating device and the cleaning device by way of programming and storing data in the control/regulating device corresponds to converting at least a part of the initial characteristic diagram into an updated characteristic diagram. Examiner further notes that adding operating points directly to the family of characteristics corresponds to at least determining an updated control characteristic curve of the updated characteristic diagram. Examiner has shown a teaching based on a broadest reasonable interpretation of the claimed language.)
Regarding claim 3, the modified Wilken teaches the agricultural production machine of claim 2, wherein the at least one controller is configured to determine optimized operating parameters using the updated control characteristic curve; and wherein the optimized operating parameters are specified to the at least one process unit (see Wilken at [0003] which discloses monitoring and optimizing working and quality parameters of an agricultural working machine using a control/regulating unit is known; see Wilken at [0029] which discloses that in the exemplary embodiment shown, the influencing variables 50 include, at least, the rotational speed of a separating device 10 designed as a separating rotor 9, the rotation speed of the fan 16 assigned to the cleaning device 17 and the opening width of the sieve levels 14, 15. Examiner mapped operating points to the recited operating parameters. Examiner mapped separating device or cleaning device of an agricultural working machine to the at least one process unit.)
Regarding claim 4, the modified Wilken teaches the agricultural production machine of claim 2, wherein the at least one controller is configured to: temporarily save the instantaneous operating points (see Wilken at [0028] which discloses storing quality parameters 40, possible settings for the separating device 10 and cleaning device 17 in automatic settings 45 and that each of the available automated automatic settings 45 also may be stored in entirety or in part in the driver assistance system 28; see Wilken at [0030] which discloses that the agricultural working machine 1 often operates only in a small range 53 of the particular family of characteristics 48 that is stored.)
in a first data matrix; (see Vartak at [0053] which discloses use of an advanced controller data and gain matrix.)
determine a change in a value of a respective instantaneous operating point; (see Wilken at [0030] in conjunction with Fig. 3a which discloses that during operation of the agricultural working machine 1, the operating points 52 that are ascertained are added directly to the family of characteristics 48. Examiner notes that ascertaining operating points corresponds to determining a change in value of an instantaneous operating point. Examiner has shown a teaching based on a broadest reasonable interpretation of the claimed language.)
and responsive to determining that the value of a respective instantaneous operating point is unchanged, transfer the respective instantaneous operating point to a quasi-stationary operating point (see Wilken at [0030] which discloses that the agricultural working machine 1 often operates only in a small range 53 of the particular family of characteristics 48 that is stored. Examiner notes that operating points that are measured or ascertained are instantaneously converted into the family of characteristics correspond to convert the instantaneous operating points into quasi-stationary operating points. Examiner has shown a teaching based on a broadest reasonable interpretation of the claimed language.)
Regarding claim 5, the modified Wilken teaches the agricultural production machine of claim 4, wherein the at least one controller is configured to collect the quasi-stationary operating points in a further data matrix; wherein responsive to collecting a predetermined number of quasi-stationary operating points in the further data matrix, determine dependencies between at least one quality parameter and at least one operating parameter in the further data matrix for the quasi-stationary operating points analogous to the initial characteristic diagram (see Vartak at [0056] which discloses that additional data would be required in addition to the advanced controller data and gain matrix; see Vartak at [0074] which discloses inserting data, such as gains or gain multipliers, into an optimizer matrix; Examiner notes that inserting data into a second matrix corresponds to collecting the quasi-stationary operating points in a further data matrix. Examiner notes that gains or gain multipliers may be mapped to predetermined number of quasi-stationary operating points in the further data matrix for the quasi-stationary operating points. Examiner noted that families of characteristics first adapting to new basic conditions, such as crop properties corresponds to wherein at least one characteristic diagram being designed as an initial characteristic diagram.)
Regarding claim 6, the modified Wilken teaches the agricultural production machine of claim 5, wherein the at least one controller is configured to transfer the quasi-stationary operating points collected in the further data matrix to an initial data matrix; and wherein the initial data matrix corresponds to the initial characteristic diagram with the quasi-stationary operating points transferred therein (see Wilken at [0087] which discloses that advance process controller performance starts to deteriorate is when the manipulated or controlled variables that should be part of model matrix are dropped and do not participate in the optimization problem; Examiner notes that the manipulated or controlled variables which are dropped and do not participate in the optimization problem may cause the transfer of the quasi-stationary operating points to an initial data matrix.)
Regarding claim 7, the modified Wilken teaches the agricultural production machine of claim 6, wherein the at least one controller, in a characteristic diagram update step, is configured to calculate an updated characteristic diagram from the initial data matrix; wherein the at least one controller is configured to replace the initial characteristic diagram or a previously updated characteristic diagram with the updated characteristic diagram; and wherein the at least one controller is configured, in a control characteristic update step, to recalculate the control characteristic for the updated characteristic diagram (see Wilken at the Abstract which discloses adjusting and monitoring working parameters and quality parameters of an agricultural working machine using stored families of characteristics and that the control/regulating unit actuates defined measurement points in the stored families of characteristics and the specifically actuated measurement points are located in the boundary regions of the family of characteristics or outside the active working region of the particular family of characteristics; see Wilken at [0002] which discloses an agricultural working machine comprising at least one control/regulating unit designed to adjust and monitor working parameters or quality parameters or both of the harvesting machine, which influence a harvesting process, in an automatable manner using stored families of characteristics and at least one display device for depicting setpoint values and actual values of the working parameters, quality parameters or both; see Wilken at [0009] which discloses calculation and regulation to be performed by the control/regulating unit; see Wilken at [0003] which discloses monitoring and optimizing working and quality parameters of an agricultural working machine using control/regulating unit is known. Examiner notes that Wilken’s calculating, regulating, monitoring, and optimizing working and quality parameters corresponds to wherein the at least one controller is configured to replace the initial characteristic diagram or a previously updated characteristic diagram with the updated characteristic diagram; and wherein the at least one controller is configured, in a control characteristic update step, to recalculate the control characteristic for the updated characteristic diagram.)
Regarding claim 8, the modified Wilken teaches the agricultural production machine of claim 1, wherein the driver assistance system is further configured to: determine measurands; derive at least one instantaneous operating point from the measurands; (see Wilken at [0028] which discloses that each of the available automated automatic settings 45 also may be stored in entirety or in part in the driver assistance system 28; see Wilken at [0030] which discloses in order to ensure that the family of characteristics 48 stored in the control/regulating device 23 accurately depicts the particular separating or cleaning process to be modeled in the entire predefined range of values, measurement points 54 that are not located in the currently occupied region 53 of the particular family of characteristics 48 or, are not located in the boundary regions thereof (or both) are actuated at regular intervals. Examiner maps measurement points to measurands.)
convert at least one instantaneous operating point into at least one quasi-stationary operating point; (see Wilken at [0030] which discloses that during operation of the agricultural working machine 1 (i.e., use of the combine harvester 2 for harvesting in this case), the operating points 52 that are ascertained are added directly to the family of characteristics 48 and that the agricultural working machine 1 often operates only in a small range 53 of the particular family of characteristics 48 that is stored. Examiner notes that operating points that are measured or ascertained are instantaneously converted into the family of characteristics correspond to convert the instantaneous operating points into quasi-stationary operating points.)
transfer the at least one quasi-stationary operating point to the initial characteristic diagram or to an already-updated characteristic diagram; (see Wilken at [0087] which discloses that advance process controller performance starts to deteriorate is when the manipulated or controlled variables that should be part of model matrix are dropped and do not participate in the optimization problem; Examiner notes that the manipulated or controlled variables which are dropped and do not participate in the optimization problem may cause the transfer of the quasi-stationary operating points to an initial characteristic diagram as depicted at Wilken at Fig. 3a.)
replace an initial operating point or an already-updated operating point in the initial characteristic diagram with the at least one quasi-stationary operating point; calculate an updated characteristic diagram using the at least one quasi-stationary operating point; determine a control characteristic of the updated characteristic diagram; determine one or more operating parameters using an updated control characteristic curve of the updated characteristic diagram; and specify at least one of the one or more operating parameters to the at least one process unit (see Wilken at the Abstract which discloses adjusting and monitoring working parameters and quality parameters of an agricultural working machine using stored families of characteristics and that the control/regulating unit actuates defined measurement points in the stored families of characteristics and the specifically actuated measurement points are located in the boundary regions of the family of characteristics or outside the active working region of the particular family of characteristics; see Wilken at [0002] which discloses an agricultural working machine comprising at least one control/regulating unit designed to adjust and monitor working parameters or quality parameters or both of the harvesting machine, which influence a harvesting process, in an automatable manner using stored families of characteristics and at least one display device for depicting setpoint values and actual values of the working parameters, quality parameters or both; see Wilken at [0009] which discloses calculation and regulation to be performed by the control/regulating unit; see Wilken at [0003] which discloses monitoring and optimizing working and quality parameters of an agricultural working machine using control/regulating unit is known. Examiner notes that monitoring and adjusting quality and working parameters of families of characteristics and storing them for use corresponds to replacing an initial operating point or an already-updated operating point in the initial characteristic diagram with the at least one quasi-stationary operating point, calculating an updated characteristic diagram using the at least one quasi-stationary operating point; determine a control characteristic of the updated characteristic diagram, determining one or more operating parameters using an updated control characteristic curve of the updated characteristic diagram, and specifying at least one of the one or more operating parameters to the at least one process unit. Examiner has shown a teaching based on a broadest reasonable interpretation of the claimed language.)
Regarding claim 11, the modified Wilken teaches the agricultural production machine of claim 8, wherein the at least one process unit together with the driver assistance system form an automated process unit in that the at least one characteristic diagram is stored in the memory of the driver assistance system; wherein the at least one controller is configured to operate the automated process unit using the at least one characteristic diagrams stored in the memory; and wherein the automated process unit is configured to optimize the one or more operating parameters of the at least one process unit and to specify the one or more operating parameters that are optimized to the at least one process unit (see Wilken at the Abstract which discloses that the adjusting and monitoring are carried out in an automatable manner by the control/regulating unit using stored families of characteristics; see Wilken at [0015] which discloses that in order to ensure that the agricultural working machine always makes optimal use of the resources available for making adjustments, the control/regulating unit can be automatically activated upon start-up of the working machine; see Wilken at [0023] which discloses that the control/regulating unit 23 is coupled to a driver assistance system 28 comprising a display unit 27, that the driver assistance system 28 also can be integrated directly in the control/regulating unit 23 and that also, the information 29 provided by the driver assistance system can be visualized directly in the display unit 22 assigned to the control/ regulating unit 23; see Wilken at [0028] which discloses that an automatic separation setting 46 for optimizing the mode of operation of the separating device 10 and an automatic cleaning setting 47 for optimizing the mode of operation of the cleaning device 17 are programmed and stored in the control/regulating device 23; see Vartak at [0037] which discloses that each of the controllers could include one or more processing devices 142 and one or more memories 144 for storing instructions and data used, generated, or collected by the processing device(s) 142.)
Regarding claim 21, the modified Wilken teaches the agricultural production machine of claim 1, wherein the characteristic diagram control device is configured to perform an optimization process guided along the control characteristic curve (see Wilken at [0003-0004] which discloses that point-by-point regulation of machine parameters is developed such that adjustable machine parameters are optimized depending on events. Also, see Wilken at [0041] which discloses that in order to ensure that the families of characteristics 48 taken into account deliver useful values for the weighting variables 51 and, therefore for an optimal mode of operation of the agricultural working machine 1 even when the influencing variables 50 fluctuate, measurement points 54 not located in the current working region 53 or in the boundary regions of the families of characteristics 48 are actuated in defined time intervals and, the number of measurement points 54 is limited.)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wilken et al. (US 2014/0019017) in view of Vartak et al. (US 2019/0243319) in view of Horvaki et al. (JP 2006024189A) and further in view of Isaac et al. (US 2018/0332768).
Regarding claim 10, the modified Wilken teaches the agricultural production machine of claim 8, wherein the driver assistance system is configured to convert the measurands into the one or more quality parameters or a harvested material throughput (see Wilken at [0030] in conjunction with Fig. 3a which discloses that during operation of the agricultural working machine 1 (i.e., use of the combine harvester 2 for harvesting in this case), the operating points 52 that are ascertained are added directly to the family of characteristics 48 and that the agricultural working machine 1 often operates only in a small range 53 of the particular family of characteristics 48 that is stored. Examiner notes that operating points that are measured or ascertained and added to the family of characteristics correspond to instantaneously converting the instantaneous operating points into quasi-stationary operating points. Examiner notes that the weighting variables described in connection with Wilken at Fig. 3a correspond to quality parameters.)
The modified Wilken does not expressly disclose the agricultural production machine of claim 8, wherein the measurands comprise one or more of: longitudinal vibration or transverse vibration of a flow of harvested material passing through the agricultural production machine; crop height; or hydraulic pressure or power requirement of a reel drive motor, which in a related art, Isaac teaches (see Isaac at [0037] which discloses an automated adjustment system 500 attached to the agricultural vehicle 10 which includes the addition of a crop height sensor 510; see Isaac at [0038] which discloses that the crop height sensor 510 detects a height of the crop material in a swath path and provides a crop height signal to the controller 610 based on a region 512 it senses, that hence, the crop height sensor 510 may determine if and where the crop material has fallen over, i.e. become lodged, that the crop height sensor 510 may be mounted on the agricultural vehicle 10, feeder housing 12, or the header 100, and that the crop height sensor 510 may be incorporated with existing edge guidance systems. Examiner notes that Isaac teaches that a measurand comprises a crop height.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wilken to include wherein the measurands comprise crop height, as taught by Isaac.
One would have been motivated to make such a modification such that a condition sensed by a crop height sensor may be provided to a controller 610 to perform numerous operational changes such as simultaneously decreasing the height of the rotating reel 102, increasing the pitch angle a of the header 100, and/or lowering the speed of the agricultural vehicle 10, as suggested by Isaac at [0039].
Claims 12-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wilken et al. (US 2014/0019017) in view of Vartak et al. (US 2019/0243319) in view of Horvaki et al. (JP 2006024189A) and further in view of Garrett et al. (US 2020/0281118).
Regarding claim 12, the modified Wilken teaches wherein the at least one automated subunit is configured to optimize the one or more operating parameters of the at least one process unit and to specify the one or more operating parameters that are optimized to the at least one process unit (see Wilken at [0014] for example which discloses that in order to ensure that the agricultural working machine always makes optimal use of the resources available for making adjustments, the control/regulating unit can also be automatically activated upon start-up of the working machine; see Wilken at [0023] which discloses that Fig. 2 depicts the display unit 22 of the control/regulating unit 23 and the arithmetic logic unit 30, which is assigned to the control/regulating unit 23 and is coupled to the display unit 22. Examiner mapped one of the separating device or cleaning device of an agricultural working machine to the at least one process unit. Examiner maps the control/regulating unit to the at least one automated subunit.)
The modified Wilken does not expressly disclose the agricultural production machine of claim 11, wherein the automated process unit is configured as one or more of an automated attachment, an automated draper, an automated threshing unit, an automated separating unit, an automated cleaning unit, an automated chopping unit, or an automated distributing unit; wherein the automated process unit comprises at least one automated subunit, which in a related art Garrett teaches (see Garrett at [0003], for example, which discloses that an embodiment includes a combine having a feeder housing for receiving harvesting crop, a separating system for threshing the harvested crop to produce grain and residue, at least one of a yield monitor or a loss monitor, a crop cleaning system for separating the grain from the residue, an automated chopper pan positioned below the residue chopper, a residue chopper for chopping the separated residue, the automated chopper pan having adjustable perforations, and a controller coupled to the at least one of the yield monitor or the loss monitor. Examiner maps automated chopper pan to the automated chopping unit.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wilken to include wherein the automated process unit is configured as one or more of an automated attachment, an automated draper, an automated threshing unit, an automated separating unit, an automated cleaning unit, an automated chopping unit, or an automated distributing unit; wherein the automated process unit comprises at least one automated subunit, as taught by Garrett.
One would have been motivated to make such a modification to automatically adjust a perforated pan of a chopper, as suggested by Garrett at [0003].
Regarding claim 13, the modified Wilken does not expressly disclose the agricultural production machine of claim 1, wherein the one or more quality parameters of the at least one characteristic diagram comprise one or both of a vibration coefficient or a separation loss, which in a related art, Garrett teaches (see Garrett at the Abstract and [0003], for example, which discloses a separating system for threshing the harvested crop to produce grain and residue, and at least one of a yield monitor or a loss monitor and that a controller is configured to determine at least one of throughput from the yield monitor or loss from the loss monitor. Examiner maps loss to separation loss.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wilken to include wherein the one or more quality parameters of the at least one characteristic diagram comprise one or both of a vibration coefficient or a separation loss, as taught by Garrett.
One would have been motivated to make such a modification to compare the at least one of throughput or loss to respective throughput thresholds or loss thresholds, and control the automated chopper pan (116) to adjust the perforations based on the threshold comparison, as suggested by Garrett at the Abstract.
Regarding claim 15, the modified Wilken teaches the agricultural production machine of claim 14, wherein the at least one characteristic diagram is indicative of a particular operating parameter as a function of one or both of: the vibration coefficient and layer height representing the harvested material throughput; or the separation loss (see Wilken at [0029] which discloses that the characteristic curves 49 form a family of characteristics 48 that describe various weighting variables 51 of the agricultural working machine 1 as a function of influencing variables 50 and that the weighting variable is the above-described quality parameter 40; see Wilken at [0029] which discloses that in the exemplary embodiment shown, the influencing variables 50 include, at least, the rotational speed of a separating device 10 designed as a separating rotor 9, the rotation speed of the fan 16 assigned to the cleaning device 17 and the opening width of the sieve levels 14, 15. Wilken at [0030] further discloses that during operation of the agricultural working machine 1, the operating points 52 that are ascertained are added directly to the family or characteristics 48. Examiner maps operating points to the recited operating parameters; see Garrett at [0026] which discloses that the combine also monitors both yield and loss of the grain to ensure efficient operation, that loss is generally defined as a percentage of grain lost, and that loss includes grain that is accidentally blown by fan 52 into the straw hood 54 and ejected from the combine rather than collected in the tank; see Garrett at the Abstract and [0003], for example, which discloses a separating system for threshing the harvested crop to produce grain and residue, and at least one of a yield monitor or a loss monitor and that a controller is configured to determine at least one of throughput from the yield monitor or loss from the loss monitor. Examiner maps loss to separation loss.)
Subject Matter Not Taught by Art of Record
Examiner notes that the art of record does not appear to teach each and every feature in each of claims 14 and 16-18.
Conclusion
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.
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/ROY RHEE/Examiner, Art Unit 3664
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