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 § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 4, 9, 12, and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the head implement" in 2-3 and 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the head implement" in 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the head implement" in 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the head implement" in 2-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the head implement" in 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 6-8, 11-12, 15-16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Treffer (US 20170280627 A1).
Regarding claim 1, Treffer discloses a windrower implement [10] comprising:
a frame [28] extending along a central longitudinal axis between a forward end and a rearward end relative to a direction of travel during operation (Page 2 section 0020 lines 1-4 describe the frame [28].);
an implement head [14] attached to the frame proximate the forward end thereof, wherein the implement head [14] is operable to cut standing crop material and discharge cut crop material in a rearward direction along the central longitudinal axis (Page 2, section 0018, second column lines 4-8 describe the implement head [14] for cutting crops.);
a merger attachment [26] coupled to the frame [28] rearward of the implement head [14], wherein the merger attachment [26] is moveable between a deployed position (as seen in Fig. 3) in which the merger attachment [26] is positioned relative to the implement head [14] to receive discharged crop material from the implement head [14] and convey the crop material laterally relative to the central longitudinal axis to form a windrow laterally offset from the central longitudinal axis (Page 2 section 0020 lines 17-23),
and a stowed position (as seen in Fig. 2) in which the merger attachment [26] is positioned relative to the implement head [14] to not receive discharged crop material from the implement head [14] to form the windrow substantially aligned with the central longitudinal axis along a center line of the frame [28] (The stowed position wherein the merger attachment [26] does not receive discharged crop from the implement head [14] is described on page 2 section 0021 line 4-page 3 section 0021 line 3);
a merger controller [62] operatively coupled to the merger attachment [26] for controlling movement of the merger attachment [26] between the deployed position (as seen in Fig. 2) and the stowed position (as seen in Fig. 2) (via actuator [32]), the merger controller [62] having a processor [70] and a memory [74] having a merger control algorithm stored thereon,
wherein the processor [70] is operable to execute the merger control algorithm to:
receive a user command selecting one of a single pass windrow configuration in which the windrow is formed from a belly pass (Page 2 section 0021 line 1-page 3 section 0021 line 3 discloses a singular or “belly” pass wherein the windrow is formed.) The user can select the single or double pass by selectively controlling the merger attachment using the user interface [72].),
and a double pass windrow configuration in which the windrow is formed from the belly pass and a first merger pass (Page 1 section 0005 discloses “The next path after a right-hand headland turn will be able to throw the crop back onto the first windrow using the merger attachment.” This is the double pass and as stated is a combination of original belly pass and a first merger pass.);
automatically control the merger attachment [26] into the stowed position (as seen in Fig. 2) when executing the belly pass for the single pass windrow configuration and the double pass windrow configuration when either the single pass windrow configuration or the double pass windrow configuration is selected;
and automatically control the merger attachment [26] into the deployed position (as seen in Fig. 3) when executing the first merger pass when the double pass windrow configuration is selected (Page 4 section 0026 lines 7-16 disclose that when a turn for a subsequent pass is detected, the merger attachment is automatically lowered into the deployed position or raised into the stowed position. As the belly pass begins with the merger attachment [26] in the stowed position, the merger attachment will automatically lower into the deployed position for the first merger pass. The user can select the single or double pass by selectively controlling the merger attachment using the user interface [72].).
Regarding claim 2, Treffer discloses the windrower implement set forth in claim 1, further comprising a location sensor (Global navigation satellite system sensor as disclosed on page 4 section 0026 lines 11-14) operable to detect data related to a location of the head implement [14] (The sensor collects the heading information which would collect info of the head implement as well as the windrow),
wherein the processor [70] is operable to execute the merger control algorithm to determine a current location of the head implement [14] and direction of movement of the head implement from the data detected by the location sensor (Global navigation satellite system sensor as disclosed on page 4 section 0026 lines 11-14 collects the heading information for the vehicle which will naturally include the location of the head implement.).
Regarding claim 6, Treffer discloses the windrower implement set forth in claim 1, wherein the processor [62] is operable to execute the merger control algorithm to receive the user command (via user interface [66]) selecting one of the single pass windrow configuration (Page 2 section 0021 line -page 3 section 0021 line 3 discloses a single pass windrow), the double pass windrow configuration (Page 1 section 0005 lines 5-8 disclose a double pass windrow.), and a triple pass windrow configuration in which the windrow is formed from the belly pass, the first merger pass and a second merger pass (Page 1 section 0005 lines 12-15 disclose a triple pass windrow made from a first and second merger pass.).
Regarding claim 7, Treffer discloses the windrower implement set forth in claim 6, wherein the processor [70] is operable to execute the merger control algorithm to automatically control the merger attachment [26] into the stowed position (as seen in Fig. 2) when executing the belly pass for the triple pass windrow configuration (Page 2 section 0021 line 1-Page 3 section 0021 line 9 discloses the merger attachment [26] is in the stowed position for the first or “belly” pass. Page 4 section 0026 lines 7-18 discloses the merger attachment [26] is raised into the stowed position as needed in subsequent field passes.).
Regarding claim 8, Treffer discloses the windrower implement set forth in claim 6, wherein the processor [70] is operable to execute the merger control algorithm to automatically control the merger attachment [26] into the deployed position (as seen in Fig. 3) when executing the first merger pass and the second merger pass for the triple pass windrow configuration (Page 4 section 0026 lines 7-18 discloses the merger attachment [26] is raised into the stowed position as needed for subsequent field passes i.e. first and second merger pass.).
Regarding claim 11, Treffer discloses a windrower implement [10] comprising:
a frame [28] extending along a central longitudinal axis between a forward end and a rearward end relative to a direction of travel during operation (Page 2 section 0020 lines 1-4 describe the frame [28].);
an implement head [14] attached to the frame proximate the forward end thereof, wherein the implement head [14] is operable to cut standing crop material and discharge cut crop material in a rearward direction along the central longitudinal axis (Page 2, section 0018, second column lines 4-8 describe the implement head [14] for cutting crops.);
a merger attachment [26] coupled to the frame [28] rearward of the implement head [14], wherein the merger attachment [26] is moveable between a deployed position (as seen in Fig. 3) in which the merger attachment [26] is positioned relative to the implement head [14] to receive discharged crop material from the implement head [14] and convey the crop material laterally relative to the central longitudinal axis to form a windrow laterally offset from the central longitudinal axis (Page 2 section 0020 lines 17-23),
and a stowed position (as seen in Fig. 2) in which the merger attachment [26] is positioned relative to the implement head [14] to not receive discharged crop material from the implement head [14] to form the windrow substantially aligned with the central longitudinal axis along a center line of the frame [28] (The stowed position wherein the merger attachment [26] does not receive discharged crop from the implement head [14] is described on page 2 section 0021 line 4-page 3 section 0021 line 3);
a merger controller [62] operatively coupled to the merger attachment [26] for controlling movement of the merger attachment [26] between the deployed position (as seen in Fig. 3) and the stowed position (as seen in Fig. 2), the merger controller [62] having a processor [70] and a memory [74] having a merger control algorithm stored thereon, wherein the processor [70] is operable to execute the merger control algorithm to:
receive a user command selecting one of a single pass windrow configuration in which the windrow is formed from a belly pass (Page 2 section 0021 line 1-page 3 section 0021 line 3 discloses a singular or “belly” pass wherein the windrow is formed. The user can select the single or double pass by selectively controlling the merger attachment using the user interface [72].),
and a double pass windrow configuration in which the windrow is formed from the belly pass and a first merger pass (Page 1 section 0005 discloses “The next path after a right-hand headland turn will be able to throw the crop back onto the first windrow using the merger attachment.” This is the double pass and as stated is a combination of original belly pass and a first merger pass.);
automatically control the merger attachment [26] into the deployed position (as seen in Fig. 3) when executing the first merger pass when the double pass windrow configuration is selected (Page 4 section 0026 lines 7-16 disclose that when a turn for a subsequent pass is detected, the merger attachment is automatically lowered into the deployed position or raised into the stowed position. As the belly pass begins with the merger attachment [26] in the stowed position, the merger attachment [26] will automatically lower into the deployed position for the first merger pass of the double pass windrow configuration. The user can select the single or double pass by turning the windrow and control the merger attachment [26] in order to complete a double pass windrow configuration via the user interface [72].).
Regarding claim 12, Treffer discloses the windrower implement set forth in claim 11, further comprising a location sensor (as disclosed on page 4 section 0026 lines 7-16) operable to detect data related to a location of the head implement [14] (The implement head [14] is attached to the vehicle harvester and therefore location sensor disclosed on page 4 section 0026 lines 7-16 also collects data on the location of the implement head [14].),
wherein the processor [70] is operable to execute the merger control algorithm to determine a current location of the head implement [14] and direction of movement of the head implement [14] from the data detected by the location sensor (The disclosed sensor on page 4 section 0026 lines 7-16 detects “positioning and/or heading information” of the windrower [10]).
Regarding claim 15, Treffer discloses a method of operating a windrower implement [10], the method comprising:
entering a user command into a merger controller [62] via an input device [72] to select one of a single pass windrow configuration in which a windrow is formed from a belly pass (Page 2 section 0021 line 1-page 3 section 0021 line 3 discloses a singular or “belly” pass wherein the windrow is formed. The user can select the single or double pass by selectively controlling the merger attachment [26] using the user interface [72].),
a double pass windrow configuration in which the windrow is formed from the belly pass and a first merger pass (Page 1 section 0005 discloses “The next path after a right-hand headland turn will be able to throw the crop back onto the first windrow using the merger attachment.” This is the double pass and as stated is a combination of original belly pass and a first merger pass.),
or a triple pass windrow configuration in which the windrow is formed from the belly pass, the first merger pass and a second merger pass (Page 1 section 0005 lines 12-15 disclose “Then after a second right-hand headland turn skipping over the first pass, the merger will then set the third windrow on top of the previous combined windrows.” This is the triple pass and as stated is a combination of original belly pass, a first merger pass, and a second merger pass.);
determining a beginning of the belly pass (Page 4 section 0026 lines 7-16 disclose a method of detecting a turn for the beginning of a pass.);
controlling a merger attachment [26] into a stowed position (as seen in Fig. 2) at the beginning of the belly pass when any one of the single pass windrow configuration, the double pass windrow configuration, or the triple pass windrow configuration are selected (Page 4 section 0026 lines 7-16 disclose that when a turn for a subsequent pass is detected, the merger attachment is automatically lowered into the deployed position or raised into the stowed position. As the belly pass begins with the merger attachment [26] in the stowed position, the merger attachment will automatically lower into the deployed position for the first merger pass. The user can select the single windrow pass, double pass, or triple pass by selectively controlling the merger attachment using the user interface [72].);
determining a beginning of the first merger pass (Page 4 section 0026 lines 7-16 disclose a method of detecting a turn for the beginning of a pass.);
automatically controlling, with the merger controller [62], the merger attachment [26] into a deployed position (as seen in Fig. 3) at the beginning of the first merger pass when one of the double pass windrow configuration or the triple windrow configuration are selected (Page 4 section 0026 lines 7-16 disclose that when a turn for a subsequent pass is detected, the merger attachment is automatically lowered into the deployed position or raised into the stowed position. As the belly pass begins with the merger attachment [26] in the stowed position, the merger attachment will automatically lower into the deployed position for the first merger pass. The user can select the single, double, or triple pass by selectively controlling the merger attachment using the user interface [72].).
Regarding claim 16, Treffer discloses the method of operating the windrower implement [10] set forth in claim 15, further comprising sensing data related to a current location and direction of travel of the windrower implement [10], and determining the current location and the direction of travel of the windrower implement [10] with the merger controller [62] (Global navigation satellite system sensor as disclosed on page 4 section 0026 lines 11-14 collects the location and “heading” i.e. direction of travel information for the windrow implement [10] which will naturally include the location of the head implement.).
Regarding claim 19, Treffer discloses the method set forth in claim 15, further comprising automatically controlling, with the merger controller [62], the merger attachment [26] into the deployed position (as seen in Fig. 3) at a beginning of the second merger pass when the triple windrow configuration is selected (Page 4 section 0026 lines 7-16 disclose a method of detecting a turn for the beginning of a pass to automatically lower the merger attachment [26] as needed such as when a triple pass is selected. A triple pass may be manually selected by the operator by using the user interface [72] to control the merger implement [26].).
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.
Claims 3-5, 9-10, 13-14, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Treffer (US 20170280627 A1) in view of Faust (US 2022/0256770).
Regarding claim 3, Treffer discloses the windrower implement set forth in claim 2.
However, Treffer does not disclose wherein the processor is operable to execute the merger control algorithm to determine a location of the windrow formed during the belly pass and save the location of the windrow formed during the belly pass in the memory as a windrow track location.
Faust discloses a harvester [100] comprising a sensor [116] for capturing the location of a windrow [130].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Faust’s sensor for detecting the location of a windrow to Treffer’s memory and merger controller in order to more accurately map fields for subsequent agricultural practices.
Regarding claim 4, Treffer and Faust disclose the windrower implement set forth in claim 3, wherein the processor [70, Treffer] is operable to execute the merger control algorithm to recognize a beginning of the first merger pass from the current location of the head implement [14, Treffer], the direction of movement of the head implement [14, Treffer] (Treffer’s global navigation satellite system sensor as disclosed on page 4 section 0026 lines 11-14 collects the heading information for the vehicle which will naturally include the location and direction of the head implement.) and the windrow track location (as determined by Faust’s sensor [116]), when the double pass windrow configuration is selected (Treffer’s page 3 section 0021 line 3-9 disclose that the merger attachment may be automatically raised or lowered based on the location and heading of the windrower which includes the head implement [14] during turns such as when the double pass is selected vis user interface [72]. As disclosed by the teaching disclosed in claim 3, Treffer’s processor [70] also has the location of the previous windrow stored in the processor memory as taught by Faust in order to more accurately detect when to deploy the merger attachment [26, Treffer].).
Regarding claim 5, Treffer and Faust disclose the windrower implement set forth in claim 4, wherein the processor [70, Treffer] is operable to execute the merger control algorithm to automatically control the merger attachment into the deployed position upon recognizing the beginning of the first merger pass (via the location of the windrower as disclosed by Treffer and Faust’s memory of the location of the last windrow.) when the double pass windrow configuration is selected (Page 4 section 0026 lines 7-16 disclose that when a turn for a subsequent pass is detected, the merger attachment is automatically lowered into the deployed position or raised into the stowed position. Faust teaches a sensor for detecting the location of the previous windrow via sensor [116] which is then saved to Treffer’s memory. As the belly pass begins with the merger attachment [26] in the stowed position, the merger attachment will automatically lower into the deployed position for the first merger pass. The user can select the single or double pass by selectively controlling the merger attachment using the user interface [72].).
Regarding claim 9, Treffer discloses the windrower implement set forth in claim 6, wherein the processor is operable to execute the merger control algorithm to recognize a beginning of the first merger pass and a beginning of the second merger pass from a current location of the head implement [14, Treffer] and a direction of movement of the head implement [14, Treffer], when the triple pass windrow configuration is selected (Treffer’s page 3 section 0021 line 3-9 disclose that the merger attachment may be automatically raised or lowered based on the location and heading of the windrower which includes the head implement when the windrow turns and therefore is preparing to complete another pass up to any number of passes including a triple pass.).
However, Treffer does not disclose wherein the processor is operable to execute the merger control algorithm to recognize a beginning of the first merger pass and a beginning of the second merger pass from a windrow track location, when the triple pass windrow configuration is selected.
Faust discloses a harvester [100] comprising a sensor [116] for capturing the location of a windrow [130].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Faust’s sensor for detecting the location of a windrow to Treffer’s memory and merger controller in order to more accurately map fields for subsequent agricultural practices such as up to the defined triple pass.
Regarding claim 10, Treffer and Faust disclose the windrower implement set forth in claim 9, wherein the processor [70, Treffer] is operable to execute the merger control algorithm to automatically control the merger attachment [26, Treffer] into the deployed position upon recognizing the beginning of the first merger pass or the beginning of the second merger pass when the triple pass windrow configuration is selected (Page 4 section 0026 lines 7-16 disclose that when a turn for a subsequent pass such as the second pass of a triple pass is detected, the merger attachment is automatically lowered into the deployed position or raised into the stowed position. Faust teaches a sensor for detecting the location of the previous windrow via sensor [116] which is then saved to Treffer’s memory. As the belly pass begins with the merger attachment [26] in the stowed position, the merger attachment will automatically lower into the deployed position for the first merger pass and raised and lowered subsequently. The user can select the single, double, or triple pass by selectively controlling the merger attachment using the user interface [72].).
Regarding claim 13, Treffer discloses the windrower implement set forth in claim 12,.
However, Treffer does not disclose wherein the processor is operable to execute the merger control algorithm to determine a location of the windrow formed during the belly pass and save the location of the windrow formed during the belly pass in the memory as a windrow track location.
Faust discloses a harvester [100] comprising a sensor [116] for capturing the location of a windrow [130].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Faust’s sensor for detecting the location of a windrow to Treffer’s memory and control system in order to more accurately map fields for subsequent agricultural practices.
Regarding claim 14, Treffer and Faust disclose the windrower implement set forth in claim 13, wherein the processor [70, Treffer] is operable to execute the merger control algorithm to recognize a beginning of the first merger pass from the current location of the head implement [14, Treffer], the direction of movement of the head implement [14, Treffer] and the windrow track location (As detected by Faust’s windrow location sensor [116], when the double pass windrow configuration is selected (Treffer’s page 3 section 0021 line 3-9 disclose that the merger attachment may be automatically raised or lowered based on the location and heading of the windrower which includes the head implement [14] during turns such as when the double pass is selected vis user interface [72]. As disclosed by the teaching disclosed in claim 3, Treffer’s processor [70] also has the location of the previous windrow stored in the processor memory as taught by Faust in order to more accurately detect when to deploy the merger attachment [26, Treffer].).
Regarding claim 17, Treffer discloses the method of operating the windrower implement set forth in claim 15.
However, Treffer does not further comprise determining a location of the windrow formed during the belly pass and saving the location of the windrow formed during the belly pass in the memory as a windrow track location.
Faust discloses a harvester [100] comprising a sensor [116] for capturing the location of a windrow [130].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply Faust’s sensor for detecting the location of a windrow to Treffer’s memory and merger controller in order to more accurately map fields for subsequent agricultural practices.
Regarding claim 18, Treffer and Faust disclose the method of operating the windrower implement set forth in claim 17, wherein determining the beginning of the first merger pass is further defined as determining the beginning of the first merger pass from the windrow track location (sensed by Faust’s [116]), the current location of the windrower implement [10, Treffer] and the current direction of travel of the windrower implement [10, Treffer] (Treffer’s page 3 section 0021 line 3-9 disclose that the merger attachment [26] may be automatically raised or lowered based on the location and heading of the windrow implement [10] during turns signifying the beginning of the first merger pass such as when the double pass is selected via user interface [72].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. McLean (US 2009/0139196) discloses a windrow merger lift mechanism. Wanner (US 7743594 B1) discloses a mechanism for Guiding A Windrower for making an Initial cut for multiple windrows. Chaney (EP 3162189) discloses an agricultural material baling system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY A KAERCHER whose telephone number is (571)270-0128. The examiner can normally be reached M-Th (7-11 AM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ASHLEY A KAERCHER/ Examiner, Art Unit 3671 4/15/2026
/JUSTIN C MIKOWSKI/ Supervisory Patent Examiner, Art Unit 3673
Prosecution Insights