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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Pursuant to M.P.E.P. guidelines, Applicant has indicated that it wishes the submission filed on 12 August 2016 in response to a final rejection to serve as its submission for this request for continued examination. See M.P.E.P. 706.07(h) (II). Applicant's request for continued examination filed on 04/10/2026 and the submission filed on 03/16/2026 have been entered.
The Examiner acknowledges Applicant’s amendment of claims 1, 6, 11 and 15 in Applicant’s Response to Official Action dated 10/24/2025 (“Response”). Claims 1-2, 5-7, 10-12 and 15 are currently pending in this application and are subject to examination herein.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 5-7, 10-12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. Pub. No. 2019/0327893 to Hamilton et al. (hereinafter Hamilton) (cited by Applicant in IDS filed on 08/01/2024) in view of Canadian Pat. Pub. No. CA 3122666 A1 to Karst and further in view of U.S. Pat. No. 7,707,811 to Strossner (cited by Applicant in IDS filed on 08/01/2024).
Regarding claims 1, 6 and 11, Hamilton discloses an agricultural machine system (Abstract; Figs. 1, 3), a control system of an agricultural machine system, and a method of using an agricultural machine system, respectively, comprising:
an agricultural work vehicle (windrower 10) (Figs. 1-5B; paras. [0017]-[0025]);
an agricultural work machine (header 20) (Figs. 1-4A; Paras. [0018]-[0023]); and
a control system operatively coupled with the agricultural work vehicle (windrower 10) (Figs. 1-5B; paras. [0017]-[0025]) and the agricultural work machine (header 20) (Figs. 1-4A; Paras. [0018]-[0023]), the control system including:
a sensor (one or more of sensors 58) (Fig. 3; Para. [0022]) configured for:
sensing an operative parameter (e.g., force or load on skid plates) (Para. [0022]); and
outputting an operative parameter signal (Para. [0022]) corresponding to the operative parameter (e.g., force or load on skid plates) (Para. [0022]);
a controller system (controller 60) (Fig. 3; Para. [0022]) configured for:
receiving the operative parameter signal (Paras. [0019], [0022]);
determining, based at least in part on the operative parameter signal (Para. [0022]), a floatation pressure for an on-ground floatation of the agricultural work machine (windrower 10) (Figs. 1-5B; paras. [0017]-[0025]).
However, Hamilton does not expressly disclose the agricultural work vehicle comprising a lift actuator and a tilt actuator; that the operative parameter is an internal lift cylinder pressure of the lift actuator or an internal tilt cylinder pressure of the tilt actuator; or that the controller is configured for determining the header weight based at least in part on the operative parameter signal; and determining, based at least in part on the determined header weight a floatation pressure for an on-ground floatation of the agricultural work machine. Nevertheless, Karst teaches an agricultural work vehicle comprising a lift actuator (lift cylinder 46) (Figs. 2-3; Paras. [0022], [0024]-[0025]) and a tilt actuator (tilt cylinder 42) (Figs. 2-3; Paras. [0022]-[0023], [0025]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the agricultural machine system disclosed in Hamilton with the header taught in Karst having separate lift and tilt cylinders in addition to the float cylinders with a reasonable expectation of success in order to allow adjustment to lower and raise the header relative to the ground surface and to adjust the tilt angle between the cutter bar and the ground surface, as taught in Karst (Paras. [0023]-[0024]).
Furthermore, Strosser teaches an agricultural machine system comprising a lift actuator and a controller that is configured for determining the header weight (Fig. 6; Col. 8, lines 44-67) based at least in part on the operative parameter signal (Figs. 5-7; Col. 2, line 48 to col. 3, line 30); and determining, based at least in part on the determined header weight a floatation pressure for an on-ground floatation of the agricultural work machine (Figs. 5-7; Col. 7, line 59 to col. 8, line 67). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the agricultural machine taught by Hamilton in view of Karst with the method of determining the header weight by sensing the internal pressure of a lift cylinder and determining, based at least in part on the determined header weight of a floatation pressure for an on-ground floatation of the agricultural work machine, as taught in Strosser, with a reasonable expectation of success in order to automatically calibrate for changes in the header weight so as to provide consistent float function and feel, as taught in Strosser (Col. 1, lines 7-19). Moreover, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the agricultural machine taught by Hamilton in view of Karst with the method of determining the header weight by sensing the internal pressure of a lift cylinder and determining, based at least in part on the determined header weight of a floatation pressure for an on-ground floatation of the agricultural work machine, as taught in Strosser with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to employ/use a known technique to improve similar devices (methods, products) in the same way is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 417, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claims 2, 7 and 12, Hamilton in view of Karst and further in view of Strosser teaches the agricultural machine system of claim 1 and the control system of claim 6, respectively (see above). Furthermore, Hamilton discloses an agricultural machine system (Abstract; Figs. 1, 3) wherein the agricultural work vehicle (windrower 10) (Figs. 1-5B; paras. [0017]-[0025]) is a self-propelled windrower (windrower 10) (Figs. 1-5B; paras. [0017]-[0025]), and the agricultural work machine (header 20) (Figs. 1-4A; Paras. [0018]-[0023]) is a header formed as a mower-conditioner machine (header 20) (Figs. 1-4A; Paras. [0018]-[0023]).
Regarding claims 5, 10 and 15, Hamilton in view of Karst and further in view of Strosser teaches the agricultural machine system of claim 1, the control system of claim 6, and the method of claim 11, respectively (see above). Furthermore, the combination of Hamilton in view of Karst and further in view of Strosser teaches an agricultural machine system wherein when determining the floatation pressure the controller system is configured for using a predetermined ground force which can be selectively adjusted based at least in part on at least one operating condition (e.g., force or load on skid plates (Hamilton at Para. [0022]) and/or internal pressure of lift cylinder (Strosser at Figs. 6-7; Col. 7, line 59 to col. 8, line 67; Karst at Paras. [0022]-[0023], [0025])).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
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