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 .
Introduction
The Examiner acknowledges Applicant’s amendment of claims 3-4 and 8 in the preliminary amendment filed by Applicant on 03/06/2023. Claims 1-8 are currently pending in this application and are subject to examination herein.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the Intellectual Property Office of Great Britain on 10/31/2020. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/06/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “26” has been used to designate both “rear of the machine” (Fig. 1; Para. [0016]) and “concave grate segments” (Fig. 1; Para. [0017]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 50 and 55 (Fig. 2). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 4 is objected to because of the following informalities: claims 4 utilize an acronyms therein, namely “MOG”. However, the acronyms are not defined within the claims. While the Examiner does not believe that the acronyms used give rise to indefiniteness, the Examiner strongly encourages Applicant to provide the full term in the first instance (e.g., “Material Other than Grain (MOG)”), so that the meaning of the acronym is clear. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Pat. Pub. No. EP 3 597 028 A2 to Cannegieter et al. (hereinafter Cannegieter).
Regarding claim 1, Cannegieter discloses a method of controlling a combine harvester (combine 10) (Abstract; Fig. 1A; Para. [0008]) comprising the steps of:
conveying a crop material stream through a grain cleaning system (cleaning system 26) (Fig. 1A; Para. [0008]) having screening apparatus (cleaning sieve 100) (Fig. 2; Paras. [0021]-[0022]);
generating a cleaning airstream with a fan (fan 126) (Figs. 2A, 2B; Paras. [0021]-[0022]) which is driven by a hydraulic fan drive system (fan drive 122) (Figs. 2A, 2B; Paras. [0021]-[0026]), wherein the cleaning airstream is directed through the screening apparatus (cleaning sieve 100) (Fig. 2; Paras. [0021]-[0022]);
measuring a fan drive pressure (e.g., via sensors 124) (Fig. 4A; Paras. [0023]-[0025]) of a hydraulic supply line within the fan drive system (Figs. 2A, 2B; Paras. [0021]-[0026]);
calculating a material quantity value (e.g., approximate volume of MOG) (Para. [0024]) from the fan drive pressure (Para. [0024]); and,
controlling (via combine controller 120) (Figs. 2A, 2B; Paras. [0021]-[0024]) a working unit (fan drive 122 and fan 126) (Fig. 2A; Para. [0024]) of the combine harvester using the material quantity value (e.g., approximate volume of MOG) (Fig. 4A; Para. [0024]).
Regarding claim 2, Cannegieter discloses the method according to claim 1 (see above). Furthermore, Cannegieter discloses a method wherein the fan drive system (fan drive 122) (Figs. 2A, 2B; Paras. [0021]-[0026]) is controlled using the material quantity value (e.g., approximate volume of MOG) (Fig. 4A; Para. [0024]).
Regarding claim 6, Cannegieter discloses a combine harvester (combine 10) (Abstract; Fig. 1A; Para. [0008]) comprising:
threshing apparatus (rotor 40 of threshing and separating system 24) (Fig. 1A; Para. [0008], [0011]),
separating apparatus (perforated concave 42) (Fig. 1A; Para. [0008], [0011]), and,
a grain cleaning system (cleaning system 26) (Fig. 1A; Para. [0012]) located downstream of the separating apparatus (perforated concave 42) (Fig. 1A; Para. [0008], [0011]),
wherein the grain cleaning system (cleaning system 26) (Fig. 1A; Para. [0012]) comprises:
screening apparatus (sieve assembly 100) (Fig. 2A; Para. [0015]);
a fan (fan 126) (Figs. 2A, 2B; Paras. [0021]-[0022]) arranged to generate a cleaning airstream through the screening apparatus (sieve assembly 100) (Fig. 2A; Para. [0015]), wherein the fan (fan 126) (Figs. 2A, 2B; Paras. [0021]-[0022]) is driven by a hydraulic fan drive system (fan drive 122) (Figs. 2A, 2B; Paras. [0021]-[0026]); and,
a sensor (sensors 124) (Fig. 4A; Paras. [0023]-[0025]) configured to sense a fan drive pressure (Fig. 4A; Para. [0025]) of a hydraulic supply line within the fan drive system (fan drive 122) (Figs. 2A, 2B; Paras. [0021]-[0026]);
wherein a controller (combine controller 120) (Figs. 2A, 2B; Paras. [0021]-[0024]) is configured to control a working unit (fan drive 122 and fan 126) (Fig. 2A; Para. [0024]) of the combine harvester (combine 10) (Abstract; Fig. 1A; Para. [0008]) based upon a material quantity value (e.g., approximate volume of MOG) (Para. [0024]) derived from the fan drive pressure (Fig. 4A; Para. [0025].
Regarding claim 7, Cannegieter discloses the combine harvester according to claim 6 (see above). Furthermore, Cannegieter discloses a combine harvester (combine 10) (Abstract; Fig. 1A; Para. [0008]) wherein the controller (combine controller 120) (Figs. 2A, 2B; Paras. [0021]-[0024]) is configured to control the fan drive system (fan drive 122) (Figs. 2A, 2B; Paras. [0021]-[0026]) based upon the material quantity value (e.g., approximate volume of MOG) (Para. [0024]).
Allowable Subject Matter
Claims 3-5 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. Pub. No. 2003/0066277 to Behnke relates to a method and apparatus for determining optimal adjustments of work units in an agricultural harvesting machine. Int’l. Pat. Pub. No. WO 2017/042050 to Kristensen et al. relates to a grain cleaning system in a combine harvester. Int’l. Pat. Pub. No. WO 2019/055405 to Schleusner et al. relates to automated adjustment of a combine. U.S. Pat. Pub. No. 2018/0359918 to Blank et al.; 2017/0235471 to Scholer et al.; 2016/0000008 to Scholer et al.; and Canadian Pat. Pub. No. CA 2981871 to Bilde et al. relate to harvesters with adjustable chaffer/sieve opening sizes.
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