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 .
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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harlan et al. 4,525,988 in view of Pickett et al. 9,615,501, Dean et al. 7,690,440, and Henry US 201/60212931 A1.
Independent Claim 1: Harlan discloses an agricultural combine (12) for simultaneously harvesting a cash crop and planting a cover crop, comprising:
an operator’s cab (24), a motor (not shown, inherent to such a combine, see also col. 3, lns. 2-3), and a combine frame (14) having a wheel supported rear axle (at 18) and wheel supported front axle (at 16);
a cash crop harvesting system (20) having a header (also 20) removably attachable to the combine frame (col. 6, lns. 31-38);
one or more header actuators (70, 78) for actuating the header to a harvesting position wherein the header is positioned proximate the soil (col. 6, lns. 45-58) and a non-harvesting position wherein the header is positioned away from the soil (col. 6, lns. 39-41);
a soil opening system (34) attached beneath the header (Figs. 1, 4), the soil opening system having a plurality of soil openers (46) in the form of one or more discs for opening soil to receive seed for planting, wherein the plurality of soil openers having a planting position concurrent with the harvesting position of the header (col. 6, lns. 45-58, 61-66) and a non-planting position concurrent with the non-harvesting position of the header (the transport position, col. 6, lns. 39-44); and
a seed handling system (60) disposed at the plurality of soil openers, the seed handling system having seed delivery tubes (62, 160, 170, Figs. 11-13) attached for receiving seed from a seed reservoir (unnumbered, seen in Fig. 13) housing cover crop seed and one or more seed dispensers (52) operably connected in communication with the seed delivery tubes for delivering the cover crop seed to soil openings formed by the soil opening system;
wherein the seed handling system and the soil opening system plant cover crop seed when the header of the cash crop harvesting system is in the harvesting position (col. 6, lns. 61-66);
wherein the seed handling system and the soil opening system do not plant cover crop seed when the header of the cash crop harvesting system is in the non-harvesting position (the transport position, col. 6, lns. 39-44), as per claim 1.
However, Harlan fails to specifically disclose wherein the operator’s cab houses a set of combine controls for controlling one or more combine operations and a set of seed planting controls for controlling one or more seed planting operations;
Wherein the cash crop harvesting system is controlled from the cab by one or more of the set of combine controls for harvesting a cash crop;
one or more header actuators controlled using the one or more of the set of combine controls;
wherein the seed handling system is controlled using one or more of the set of seed planting controls;
a control panel within the operator’s cab integrating the set of combine controls and the set of seed planting controls,
wherein the seed handling system and the soil opening system are synchronized with native combine operations, as per claim 1.
Pickett discloses a similar agricultural combine wherein the operator’s cab (35) houses a set of combine controls (shown in Fig. 2, col. 4, lns. 56-57) for controlling one or more combine operations;
Wherein the cash crop harvesting system is controlled from the cab by one or more of the set of combine controls for harvesting a cash crop (col. 4, lns. 48-57);
one or more header actuators (68) controlled using the one or more of the set of combine controls (66, see 5, lns. 22-29), as per claim 1.
Dean discloses a planting system wherein the operator’s cab houses a set of seed planting controls for controlling one or more seed planting operations (col. 2, lns. 61-63; col. 3, lns. 59-67);
wherein the seed handling system is controlled using one or more of the set of seed planting controls (col. 2, lns. 61-63), as per claim 1.
In both cases, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide an integrated control panel within the operator’s cab, as taught by Pickett and Dean, on the combined harvester/planter of Harlan in order to allow an operator immediate control of both the combine and seed planting systems for safety and efficiency purposes.
Henry discloses a similar agricultural combine (100) wherein the seed planting system is synchronized with native combine operations (seed planting rate is controlled by combine ground speed and/or location, see paras. [0030] and [0041]), as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to synchronize the planting operation with combine operations as taught by Henry on Harlan’s combine in order ensure uniform seeding during changing combine ground speeds and or to prevent wasteful, multiple coverage when the combine is in a field that has already been seeded.
Independent Claim 7: Harlan discloses an agricultural combine (12) for simultaneously harvesting a cash crop and planting a cover crop, comprising:
an operator’s cab (24), a motor (not shown, inherent to such a combine, see also col. 3, lns. 2-3), and a combine frame (14) having a wheel supported rear axle (at 18) and wheel supported front axle (at 16) driven by the motor (col. 3, lns. 2-3);
a cash crop harvesting system (20) having a header (also 20) removably attachable to the combine frame (col. 6, lns. 31-38);
one or more header actuators (70, 78) for actuating the header to a harvesting position wherein the header is positioned proximate the soil (col. 6, lns. 45-58) and a non-harvesting position wherein the header is positioned away from the soil (col. 6, lns. 39-41);
a soil opening system (34) attached beneath the header (Figs. 1, 4), the soil opening system having a plurality of soil openers (46) in the form of one or more discs for opening soil to receive seed for planting, wherein the plurality of soil openers having a planting position concurrent with the harvesting position of the header (col. 6, lns. 45-58, 61-66) and a non-planting position concurrent with the non-harvesting position of the header (the transport position, col. 6, lns. 39-44); and
a seed handling system (60) disposed at the plurality of soil openers, the seed handling system having seed delivery tubes (62, 160, 170, Figs. 11-13) attached for receiving seed from a seed reservoir (unnumbered, seen in Fig. 13) housing cover crop seed and one or more seed dispensers (52) operably connected in communication with the seed delivery tubes for delivering the cover crop seed to soil openings formed by the soil opening system;
wherein the seed handling system and the soil opening system plant cover crop seed when the header of the cash crop harvesting system is in the harvesting position (col. 6, lns. 61-66);
wherein the seed handling system and the soil opening system do not plant cover crop seed when the header of the cash crop harvesting system is in the non-harvesting position (the transport position, col. 6, lns. 39-44), as per claim 7.
However, Harlan fails to specifically disclose wherein the operator’s cab houses a set of combine controls for controlling one or more combine operations and a set of seed planting controls for controlling one or more seed planting operations, a motor,
Wherein the cash crop harvesting system is controlled from the cab by one or more of the set of combine controls for harvesting a cash crop;
one or more header actuators controlled using the one or more of the set of combine controls;
wherein the seed handling system is controlled using one or more of the set of seed planting controls;
a control panel within the operator’s cab, the control panel having the set of combine controls comprising a header actuator control for operating the header between the harvesting position and the non-harvesting position, and one or more soil opener controls comprising a soil opener actuator control for operating the plurality of soil openers between the planting position and the non-planting position dependent on the set of combine controls,
wherein the seed handling system and the soil opening system are synchronized with native combine operations, as per claim 7.
Pickett discloses a similar agricultural combine wherein the operator’s cab (35) houses a set of combine controls (shown in Fig. 2, col. 4, lns. 56-57) for controlling one or more combine operations;
Wherein the cash crop harvesting system is controlled from the cab by one or more of the set of combine controls for harvesting a cash crop (col. 4, lns. 48-57);
one or more header actuators (68) controlled using the one or more of the set of combine controls (66, see 5, lns. 22-29);
a control panel (shown in Fig. 2, col. 4, lns. 56-57) within the operator’s cab, the control panel having the set of combine controls comprising a header actuator control (66) for operating the header between the harvesting position and the non-harvesting position, as per claim 7.
Dean discloses a planting system wherein the operator’s cab houses a set of seed planting controls for controlling one or more seed planting operations (col. 2, lns. 61-63; col. 3, lns. 59-67);
wherein the seed handling system is controlled using one or more of the set of seed planting controls (col. 2, lns. 61-63);
a control panel within the operator’s cab (col. 2, lns. 61-63; col. 3, lns. 59-67), the control panel having one or more soil opener controls comprising a soil opener actuator control for operating the plurality of soil openers between the planting position and the non-planting position dependent on the set of combine controls (col. 3, lns. 59-67), as per claim 7.
In both cases, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide an integrated control panel within the operator’s cab, as taught by Pickett and Dean, on the combined harvester/planter of Harlan in order to allow an operator immediate control of both the combine and seed planting systems for safety and efficiency purposes.
Henry discloses a similar agricultural combine (100) wherein the seed planting system is synchronized with native combine operations (seed planting rate is controlled by combine ground speed and/or location, see paras. [0030] and [0041]), as per claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to synchronize the planting operation with combine operations as taught by Henry on Harlan’s combine in order ensure uniform seeding during changing combine ground speeds and or to prevent wasteful, multiple coverage when the combine is in a field that has already been seeded.
Independent Claim 13: Harlan discloses an agricultural combine (12) for simultaneously harvesting a cash crop and planting a cover crop, comprising:
an operator’s cab (24), a motor (not shown, inherent to such a combine, see also col. 3, lns. 2-3), and a combine frame (14) having a wheel supported rear axle (at 18) and wheel supported front axle (at 16) driven by the motor (col. 3, lns. 2-3);
a cash crop harvesting system (20) having a header (also 20) removably attachable to the combine frame (col. 6, lns. 31-38);
one or more header actuators (70, 78) for actuating the header to a harvesting position wherein the header is positioned proximate the soil (col. 6, lns. 45-58) and a non-harvesting position wherein the header is positioned away from the soil (col. 6, lns. 39-41);
a soil opening system (34) attached beneath the header (Figs. 1, 4), the soil opening system having a plurality of soil openers (46) in the form of one or more discs for opening soil to receive seed for planting, wherein the plurality of soil openers having a planting position concurrent with the harvesting position of the header (col. 6, lns. 45-58, 61-66) and a non-planting position concurrent with the non-harvesting position of the header (the transport position, col. 6, lns. 39-44); and
a seed handling system (60) disposed at the plurality of soil openers, the seed handling system having seed delivery tubes (62, 160, 170, Figs. 11-13) attached for receiving seed from a seed reservoir (unnumbered, seen in Fig. 13) housing cover crop seed and one or more seed dispensers (52) operably connected in communication with the seed delivery tubes for delivering the cover crop seed to soil openings formed by the soil opening system;
wherein the seed handling system and the soil opening system plant cover crop seed when the header of the cash crop harvesting system is in the harvesting position (col. 6, lns. 61-66);
wherein the seed handling system and the soil opening system plant cover crop seed when the header of the cash crop harvesting system is in the harvesting position (col. 6, lns. 61-66), as per claim 13.
However, Harlan fails to specifically disclose wherein the operator’s cab houses a set of combine controls for controlling one or more combine operations and a set of seed planting controls for controlling one or more seed planting operations, a motor,
Wherein the cash crop harvesting system is controlled from the cab by one or more of the set of combine controls for harvesting a cash crop;
one or more header actuators controlled using the one or more of the set of combine controls;
wherein the seed handling system is controlled using one or more of the set of seed planting controls;
a controller operably connected to the soil opening system, and operably connected to the header actuators, wherein the seed handling system and the seed opening system are synchronized with native combine operations, as per claim 13.
Pickett discloses a similar agricultural combine wherein the operator’s cab (35) houses a set of combine controls (shown in Fig. 2, col. 4, lns. 56-57) for controlling one or more combine operations;
Wherein the cash crop harvesting system is controlled from the cab by one or more of the set of combine controls for harvesting a cash crop (col. 4, lns. 48-57);
one or more header actuators (68) controlled using the one or more of the set of combine controls (66, see 5, lns. 22-29), as per claim 13.
Dean discloses a planting system wherein the operator’s cab houses a set of seed planting controls for controlling one or more seed planting operations (col. 2, lns. 61-63; col. 3, lns. 59-67);
wherein the seed handling system is controlled using one or more of the set of seed planting controls (col. 2, lns. 61-63), as per claim 13.
Henry discloses a similar agricultural combine (100) for simultaneously harvesting and planting comprising a controller (50) operably connected to the planting system (para. [0041]), and operably connected to the combine system (para. [0041]), wherein the seed planting system is synchronized with native combine operations (seed planting rate is controlled by combine ground speed and/or location, see paras. [0030] and [0041]), as per claim 13.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide operator controls in the cab, as taught by Pickett and Dean, on the combined harvester/planter of Harlan in order to allow an operator immediate control for safety and efficiency purposes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to obvious to connect both the planting and combine controls to a central controller as taught by Henry on the agricultural combine of Harlan, Pickett and Dean in order to coordinate the planting with the action of the combine depending on speed, location and other operation conditions.
Dependent Claims 2, 8: Harlan further discloses a pivot assembly (116, 123) operably attached to the plurality of soil openers (46) and the header (20), wherein the pivot assembly adjusts a position of the plurality of soil openers relative to the soil in response to applied forces resulting from movement of the header and agricultural combine (12, col. 5, 14-23), as per claims 2 and 8.
Dependent Claims 3, 9: Harlan further discloses the harvesting position (col. 6, lns. 45-58) comprising the header (20) disposed above a surface of the ground to accommodate the soil opening system (34, see Fig. 1 and the dotted line position of Fig. 4), as per claims 3, 9.
Pickett, of the resultant combination above, further discloses wherein the header comprises a corn head for harvesting a cash crop comprising corn (col. 1, lns. 20-23), as per claims 3, 9.
Dependent Claim 4: Henry further discloses a controller (50) operably connected to the planting system (para. [0041]), and operably connected to the combine system (para. [0041]), as per claim 4.
Dependent Claim 5: Pickett discloses a control panel (shown in Fig. 2, col. 4, lns. 56-57) within the operator’s cab (35), the control panel having the set of combine controls comprising a header actuator control (66) for operating the header between the harvesting position and the non-harvesting position, as per claim 5.
Dean discloses a control panel within the operator’s cab (col. 2, lns. 61-63; col. 3, lns. 59-67), the control panel having one or more soil opener controls comprising a soil opener actuator control for operating the plurality of soil openers between the planting position and the non-planting position dependent on the set of combine controls (col. 3, lns. 59-67), as per claim 5.
Dependent Claims 6, 12: Harlan further discloses wherein a soil opening system actuator control (61) is dependent on a header actuator control (the control of 70, 78) of the one or more header actuators (col. 6, lns. 39-44, 61-66), as per claims 6 and 12.
Dependent Claims 10-11: Harlan further discloses wherein the soil opener actuator control (61) is dependent on one or more native combine controls (forward driving during harvesting, col. 6, lns. 61-66), as per claim 10;
one or more native combine controls comprising at least a thresher operation (threshing is active during harvesting operation, col. 3, lns. 4-8), wherein the soil opening system actuator control (61) is based on native operations of the combine (forward driving during harvesting, col. 6, lns. 61-66), as per claim 11.
As for providing a controller with associated controls and signals, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the controllers and associated controls and signals, as per claims 10-11, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art.
Dependent Claim 14: Harlan further discloses wherein the one or more seed handling system controls (61) and the one or more seed dispensers for planting cover crop seed are dependent on the one or more header actuators (70, 78, see col. 6, lns. 61-66), as per claim 14.
As for the controller, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide such a controller since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art.
Dependent Claim 15: Pickett discloses a control panel (shown in Fig. 2, col. 4, lns. 56-57) within the operator’s cab (35), the control panel having the set of combine controls comprising a header actuator control (66) for operating the header between the harvesting position and the non-harvesting position using the one or more header actuators, as per claim 15.
Dean discloses a control panel within the operator’s cab (col. 2, lns. 61-63; col. 3, lns. 59-67), the control panel having one or more soil opener controls comprising a soil opener actuator control for operating the plurality of soil openers between the planting position and the non-planting position dependent on the set of combine controls (col. 3, lns. 59-67), as per claim 15.
Dependent Claim 16: Harlan further discloses a pivot assembly (116, 123) operably attached to the plurality of soil openers (46) and the header (20), wherein the pivot assembly adjusts a position of the plurality of soil openers relative to the soil in response to applied forces resulting from movement of the header and agricultural combine (12, col. 5, 14-23), as per claim 16.
Dependent Claim 17: Harlan further discloses the harvesting position (col. 6, lns. 45-58) comprising the header (20) disposed above a surface of the ground to accommodate the soil opening system (34, see Fig. 1 and the dotted line position of Fig. 4), as per claim 17.
Pickett, of the resultant combination above, further discloses wherein the header comprises a corn head for harvesting a cash crop comprising corn (col. 1, lns. 20-23), as per claim 17.
Dependent Claim 18: Harlan further discloses wherein a soil opening system actuator control (61) is dependent on a header actuator control (the control of 70, 78) of the one or more header actuators (col. 6, lns. 39-44, 61-66), as per claim 18.
Dependent Claim 19: Harlan further discloses one or more native combine controls comprising at least a thresher operation (threshing is active during harvesting operation, col. 3, lns. 4-8), wherein the soil opening system actuator control (61) is based on native operations of the combine (forward driving during harvesting, col. 6, lns. 61-66), as per claim 19.
As for providing a controller with associated controls and signals, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the controllers and associated controls and signals, as per claim 19, since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art.
Dependent Claim 20: Harlan further discloses the harvesting position (col. 6, lns. 45-58) comprising the header (20) and soil opening system (34, see Fig. 1 and the dotted line position of Fig. 4) being disposed immediately adjacent a surface of the ground, as per claim 20.
Henry discloses wherein the header (12) comprises a bean head for harvesting a cash crop comprising beans (para. [0031], lns. 1-2), as per claim 20.
Response to Arguments
Please see the updated rejections above, now including Henry who discloses synchronized seed planting and combine operations as amended. While applicant argues that Henry’s combined machine doesn’t have soil openers so does not disclose disc-based planting synchronized with thresher activity. However, it is primary reference Harlan who discloses the soil openers, Henry is used only to show the synchronization of seed planting and combine operations. Also, applicant is arguing more than claimed in that it is combine operations that applicant claims, not thresher activity as argued. Henry discloses synchronizing planting and combine operations in the form of speed and/or location.
Generally speaking, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument that Harlan’s system would require substantial redesign to incorporate Pickett’s topography-based controls and Dean’s GPS shut-off, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Pickett’s topography-based controls and Dean’s GPS shut-off are moot to the rejection as it is simply the cab-located controls for their respective machines that the examiner is relying on for the rejection. One of ordinary skill would know which changes to make and how to make them so that the resultant combine for simultaneous seeding would provide cab-located controls for an operator to use in order to make on-the-go adjustments as desired or in an emergency.
Applicant argues that Harlan’s planter units are not attached beneath the head, as claimed. However, applicant is arguing more than claimed in that the claims do not specify that the planter units be directly attached to the header, beneath the header. The claims therefore fail to preclude Harlan’s arrangement which shows the planter units attached to the machine, very closely if not altogether attached the header and beneath the header, as seen in claim 4.
Applicant's arguments have been fully considered but they are not persuasive.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alicia M. Torres whose telephone number is 571-272-6997. The examiner’s fax number is 571-273-6997. The examiner can normally be reached Monday through Friday from 9:00 a.m. – 5:30 p.m EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca, can be reached at (571) 272-8971.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the group receptionist whose telephone number is 571-272-3600. The fax number for this Group is 571-273-8300.
/Alicia Torres/Primary Examiner, Art Unit 3671 October 4, 2025