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 .
Information Disclosure Statement
The Information Disclosure Statements (IDS) filed on 03/29/2023 has been acknowledged.
Status of Application
Claims 1, 3-11, 13-16, 18-20 were pending.
Claims 1, 11, and 16 are the independent claims.
Claims 21-23 have been added.
Claim 5 has been cancelled.
Claims 1, 3-4, 6-11, 13-16, and 18-23 are now pending.
This Final Office Action is in response to the “Amendments and Remarks” received on 01/20/2026.
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 (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 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, 4, 7-8, 10, 11, 13, 14, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over US-20180116112-A1 (“French”) in view of US-20180213721-A1 to Schmoening et. al. (“Schmoening”), further in view of US-20150327440-A1 to Dybro et. al. (“Dybro”).
Regarding claim 1, French teaches a mobile agricultural harvester (French Fig 2) comprising:
a non-header portion (French Fig 2 ref. 201);
a header coupled to the non-header portion; (French Fig. 2)
a first material other than grain (MOG) intake characteristic sensor (French Fig. 1 ref 112), disposed on the non-header portion (French Fig. 2 and [0031] "This can be done, for instance, by performing image analysis on the images captured by camera 250"), configured to: detect a first MOG intake characteristic, indicative of MOG intake, at a first location; and generate first MOG intake sensor data indicative of a first MOG intake value based on the first MOG intake characteristic at the first location; (French [0031] "They can include a material other than grain (MOG) sensor(s) that can be configured to sense large and small materials, other than grain, that are entering clean grain tank");
a second MOG intake characteristic sensor (French Fig. 1 ref 114) configured to detect a second MOG intake characteristic indicative of MOG intake and generate second MOG intake sensor data indicative of a second value of MOG intake (French [0031] "They can include a material other than grain (MOG) sensor(s) that can be configured to sense large and small materials, other than grain, that are entering clean grain tank"),
French does not teach a control system configured to control the mobile agricultural harvester based on the first MOG intake sensor data and the second MOG intake sensor data. However, Schmoening teaches a control system (Schmoening ref. 70 “control unit”) configured to control the mobile agricultural harvester based on the first MOG intake sensor data and the second MOG intake sensor data (Schmoening [0033] “The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the apparatus of French to incorporate the teachings of Schmoening such that the harvester comprises a control system configured to control the mobile agricultural harvester based on the first MOG intake sensor data and the second MOG intake sensor data. Doing so would allow for the operator to control the header to a desired intake speed (Schmoening [0033]).
French as modified by Schmoening does not teach a second MOG intake characteristic sensor configured to: detect a second MOG intake characteristic indicative of MOG intake at a second location that is outside of the non-header portion and spaced apart from the first location; and generate second MOG intake sensor data indicative of a second MOG intake value based on the second MOG intake characteristic at the second location. However, Dybro teaches a second MOG intake characteristic sensor (Dybro ref 836 and/or 838) configured to: detect a second MOG intake characteristic indicative of MOG intake at a second location that is outside of the non-header portion and spaced apart from the first location (Dybro Fig 6 ref 838 and/or 838 and [0073] “each of sensors 836, 838 are configured to specifically sense other attributes of the individual plant such that crop attribute values pertaining to estimated mass of the grain or product of the individual plant, the estimated mass other than grain (MOG) of the plant and/or the like may be derived.”); and generate second MOG intake sensor data indicative of a second MOG intake value based on the second MOG intake characteristic at the second location (Dybro [0074] “Crop sensing control unit 956 additionally receives signals and/or data from sensors 836 and derives one or more crop attribute values for each of multiple distinct portions of harvesting platform 916.”). Dybro also suggests a control system configured to control the mobile agricultural harvester based on the first MOG intake sensor data and the second MOG intake sensor data (Dybro [0094] “an actuator may be coupled to stripper plates to automatically adjust the spacing a stripper plates 1228, 1230 in response to control signals from processor 630 based upon sensor derived crop attribute values for the particular row unit”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Dybro to French as modified by Schmoening such that the harvester comprises a second MOG intake characteristic sensor configured to: detect a second MOG intake characteristic indicative of MOG intake at a second location that is outside of the non-header portion and spaced apart from the first location; and generate second MOG intake sensor data indicative of a second MOG intake value based on the second MOG intake characteristic at the second location. Doing so would allow for the detection of ongoing crop yield of the swath of the harvesting machine (Dybro [0002]).
Regarding claim 4, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. Dybro further discloses a deck plate actuator configured to control a spacing between a pair of deck plates of the header and wherein the control system is further configured to control the deck plate actuator to adjust the spacing between the pair of deck plates of the header based on the MOG intake sensor data. (Dybro [0049] "For example, operations adjustment module 360 may, automatically in response to sensed or derived crop attribute values for crops harvested by a particular row unit, generate control signals for an actuator coupled to stripper plates of the row" Stripper plates = deck plates).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified French as modified by Schmoening and Dybro to incorporate the teachings of Dybro such that the harvester further comprises a deck plate actuator configured to control a spacing between a pair of deck plates of the header and wherein the control system is further configured to control the deck plate actuator to adjust the spacing between the pair of deck plates of the header based on the MOG intake sensor data. Doing so would ensure data produced from sensors remains accurate as crop management develops (Dybro [0002]).
Regarding claim 7, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. French further discloses that the control system is further configured to: determine the first MOG intake value based on the first MOG intake sensor data (French [0031] "They can include a material other than grain (MOG) sensor(s) that can be configured to sense large and small materials, other than grain, that are entering clean grain tank" and ref 130); compare the first MOG intake value to a first MOG intake value threshold (French [0007] "A sensor generates a sensor signal indicative of a sensed variable. A first filter is applied to the sensor signal, and filters the sensor signal based on a first set of sensor data, to generate a first filtered signal. A second filter is applied to the sensor signal, based on a second set of sensor data that is greater than the first set of sensor data, to generate a second filtered signal. The first and second filtered signals are compared to generate a control signal that can be used to control a controllable subsystem of a mobile machine." and Fig. 3 ref 310-322); Schmoening further discloses a header speed actuator configured to control a speed of a component of the header (Schmoening ref 76 “actuator”) and that the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the comparison (Schmoening [0033] “The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility, or by data stored in the memory unit”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Schmoening to French as modified by Schmoening and Dybro such that the harvester further comprises a header speed actuator configured to control a speed of a component of the header and that the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the comparison. Doing so would allow for the operator to control the header to a desired intake speed (Schmoening [0033]).
Regarding claim 8, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. French further discloses that the control system is further configured to: determine the first MOG intake value based on the MOG intake sensor data; compare the first MOG intake value to a previous value of MOG intake detected during operation of the mobile agricultural harvester (French [0007] "A sensor generates a sensor signal indicative of a sensed variable. A first filter is applied to the sensor signal, and filters the sensor signal based on a first set of sensor data, to generate a first filtered signal. A second filter is applied to the sensor signal, based on a second set of sensor data that is greater than the first set of sensor data, to generate a second filtered signal. The first and second filtered signals are compared to generate a control signal that can be used to control a controllable subsystem of a mobile machine."). Schmoening further discloses a header speed actuator configured to control a speed of a component of the header (Schmoening ref 76 “actuator”) and that the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the comparison (Schmoening [0033] “The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility, or by data stored in the memory unit”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Schmoening to French as modified by Schmoening and Dybro such that the harvester further comprises a header speed actuator configured to control a speed of a component of the header and that the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the comparison. Doing so would allow for the operator to control the header to a desired intake speed (Schmoening [0033]).
Regarding claim 10, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. Schmoening further discloses a header speed actuator configured to control a speed of a component of the header (Schmoening ref 76 “actuator”), a characteristic sensor configured to detect a characteristic and generate characteristic sensor data indicative of a value of the characteristic; wherein the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the characteristic sensor data; and wherein the characteristic sensor comprises one of: a sensor configured to detect, as the characteristic, ear size and to generate, as the characteristic sensor data, characteristic sensor data indicative of a value of ear size; or a sensor configured to detect, as the characteristic, stalk diameter and to generate, as the characteristic sensor data, characteristic sensor data indicative of a value of stalk diameter (Schmoening [0033] “The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility, or by data stored in the memory unit”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Schmoening to French as modified by Schmoening and Dybro such that the harvester further comprises a header speed actuator configured to control a speed of a component of the header, a characteristic sensor configured to detect a characteristic and generate characteristic sensor data indicative of a value of the characteristic; wherein the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the MOG intake sensor data and the characteristic sensor data; and wherein the characteristic sensor comprises one of: a sensor configured to detect, as the characteristic, ear size and to generate, as the sensor data, sensor data indicative of a value of ear size; or a sensor configured to detect, as the characteristic, stalk diameter and to generate, as the sensor data, sensor data indicative of a value of stalk diameter. Doing so would allow for the operator to control the header to a desired intake speed (Schmoening [0033]).
Regarding claim 11, French teaches a computer implemented method of controlling a mobile agricultural harvester (French claim 13), the computer implemented method comprising:
detecting, with a first material other than grain (MOG) intake characteristic sensor (French Fig. 1 ref 112) disposed on the mobile agricultural harvester (French Fig. 2 and [0031] "This can be done, for instance, by performing image analysis on the images captured by camera 250"), a first MOG intake characteristic, determining a first MOG intake value based on the first MOG intake characteristic (French [0031] "They can include a material other than grain (MOG) sensor(s) that can be configured to sense large and small materials, other than grain, that are entering clean grain tank");
detecting, with a second MOG intake characteristic sensor (French Fig. 1 ref 114) disposed on the non- header portion (French Fig. 2 and [0031] "This can be done, for instance, by performing image analysis on the images captured by camera 250"), a second MOG intake characteristic different than the first MOG intake characteristic, determining a second MOG intake value based on the second MOG intake characteristic (French [0031] "They can include a material other than grain (MOG) sensor(s) that can be configured to sense large and small materials, other than grain, that are entering clean grain tank");
French does not teach controlling, based on the first MOG intake value and the second MOG intake value, operation of the header of the mobile agricultural harvester. However, Schmoening teaches controlling, based on the first MOG intake value and the second MOG intake value, operation of the header of the mobile agricultural harvester (Schmoening [0033] “The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to have modified the method of French to incorporate the teachings of Schmoening such that the method comprises controlling, based on the first MOG intake value and the second MOG intake value, operation of the header of the mobile agricultural harvester. Doing so would allow for the operator to control the header to a desired intake speed (Schmoening [0033]).
French as modified by Schmoening does not teach detecting, with a first material other than grain (MOG) intake characteristic sensor disposed on the mobile agricultural harvester, a first MOG intake characteristic outside of a non-header portion, the first MOG intake characteristic comprising at least one of: an amount of MOG expelled by the mobile agricultural harvester, or an amount of MOG on a header coupled to the non-header portion of the mobile agricultural harvester. However, Dybro teaches detecting, with a first material other than grain (MOG) intake characteristic sensor (Dybro ref 836 and/or 838) disposed on the mobile agricultural harvester, a first MOG intake characteristic outside of a non-header portion, the first MOG intake characteristic comprising at least one of: an amount of MOG expelled by the mobile agricultural harvester, or an amount of MOG on a header coupled to the non-header portion of the mobile agricultural harvester (Dybro Fig 6 ref 838 and/or 838 and [0073] “each of sensors 836, 838 are configured to specifically sense other attributes of the individual plant such that crop attribute values pertaining to estimated mass of the grain or product of the individual plant, the estimated mass other than grain (MOG) of the plant and/or the like may be derived.”). Dybro also suggests controlling, based on the first MOG intake value and the second MOG intake value, operation of the header of the mobile agricultural harvester (Dybro [0094] “an actuator may be coupled to stripper plates to automatically adjust the spacing a stripper plates 1228, 1230 in response to control signals from processor 630 based upon sensor derived crop attribute values for the particular row unit”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Dybro to French as modified by Schmoening such that the method comprises detecting, with a first material other than grain (MOG) intake characteristic sensor disposed on the mobile agricultural harvester, a first MOG intake characteristic outside of a non-header portion, the first MOG intake characteristic comprising at least one of: an amount of MOG expelled by the mobile agricultural harvester, or an amount of MOG on a header coupled to the non-header portion of the mobile agricultural harvester. Doing so would allow for the detection of ongoing crop yield of the swath of the harvesting machine (Dybro [0002]).
Regarding claim 13, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 11. French further discloses that the computer implemented method further comprising: determining, based on sensor data generated by a plurality of sensors on the non-header portion, two or more of: (i) a grain loss value: (it) a grain quality value; and (in) a header MOG intake value; (French [0031]). Schmoening further discloses that controlling a header speed actuator of the mobile agricultural harvester to adjust a speed of a component of the header based on the two or more of: (i) the grain loss value: (ii) the grain quality value; and (iii) the header MOG intake value (Schmoening [0033] “The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Schmoening to French as modified by Schmoening and Dybro such that that controlling a header speed actuator of the mobile agricultural harvester to adjust a speed of a component of the header based on the two or more of: (i) the grain loss value: (ii) the grain quality value; and (iii) the header MOG intake value. Doing so would allow for the operator to control the header to a desired intake speed (Schmoening [0033]).
With respect to Claims 14, all limitations have been examined with respect to the harvester in claims 4. The harvester taught/disclosed in claims 4 can clearly perform the method of claims 14. Therefore claims 14 are rejected under the same rationale.
Regarding claim 21, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. Dybro further discloses that the second MOG intake characteristic sensor is configured to detect an amount of MOG on the header, and wherein the second MOG intake value is based on the detected amount of MOG on the header (Dybro Fig 6 ref 838 and/or 838 and [0073] “each of sensors 836, 838 are configured to specifically sense other attributes of the individual plant such that crop attribute values pertaining to estimated mass of the grain or product of the individual plant, the estimated mass other than grain (MOG) of the plant and/or the like may be derived.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Dybro to French as modified by Schmoening and Dybro such that the second MOG intake characteristic sensor is configured to detect an amount of MOG on the header, and wherein the second MOG intake value is based on the detected amount of MOG on the header. Doing so would allow for the detection of ongoing crop yield of the swath of the harvesting machine (Dybro [0002]).
Regarding claim 22, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. Dybro further discloses that the second MOG intake characteristic is different than the first MOG intake characteristic, and each characteristic, of the first MOG intake characteristic and the second MOG intake characteristic, comprises at least one of non-header portion MOG intake, MOG output, MOG load, non-header portion grain loss, or grain quality (Dybro Fig 6 ref 838 and/or 838 and [0073] “each of sensors 836, 838 are configured to specifically sense other attributes of the individual plant such that crop attribute values pertaining to estimated mass of the grain or product of the individual plant, the estimated mass other than grain (MOG) of the plant and/or the like may be derived.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Dybro to French as modified by Schmoening and Dybro such that the second MOG intake characteristic is different than the first MOG intake characteristic, and each characteristic, of the first MOG intake characteristic and the second MOG intake characteristic, comprises at least one of non-header portion MOG intake, MOG output, MOG load, non-header portion grain loss, or grain quality. Doing so would allow for the detection of ongoing crop yield of the swath of the harvesting machine (Dybro [0002]).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over French in view of Schmoening, further in view of Dybro and US-20210243936-A1 to Vandike et. al. (“Vandike”).
Regarding claim 3, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. French further teaches that the first MOG intake characteristic sensor is one of: (i) a sensor configured to detect, as the first MOG intake characteristic within the non-header portion, an amount of MOG within a cleaning system of the mobile agricultural harvester; (ii) a sensor configured to detect, as the first MOG intake characteristic within the non-header portion, an amount of force used to drive a crop processing component within the non-header portion; and (iii) a sensor configured to detect, as the first MOG intake characteristic within the non-header portion, an amount of MOG within or provided to a clean grain tank of the non-header portion (French [0031] "They can include a material other than grain (MOG) sensor(s) that can be configured to sense large and small materials, other than grain, that are entering clean grain tank");
French as modified by Schmoening and Dybro does not teach that the second MOG intake characteristic sensor is one of: (iv) a sensor configured detect, as the second MOG intake characteristic outside of the non-header portion; an amount of MOG expelled by the mobile agricultural harvester; and (v) a sensor configured to detect, as the second MOG intake characteristic, an amount of MOG on the header. However, Vandike teaches that the second MOG intake characteristic sensor is one of: (iv) a sensor configured detect, as the second MOG intake characteristic outside of the non-header portion; an amount of MOG expelled by the agricultural harvester; and (v) a sensor configured to detect, as the second MOG intake characteristic, an amount of MOG on the header (Vandike [0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Vandike to French as modified by Schmoening and Dybro such that the second MOG intake characteristic sensor is one of: (iv) a sensor configured detect, as the second MOG intake characteristic outside of the non-header portion; an amount of MOG expelled by the mobile agricultural harvester; and (v) a sensor configured to detect, as the second MOG intake characteristic, an amount of MOG on the header. Doing so would would allow operators to identify weed patches during harvesting (Vandike [0004]).
Claim(s) 6, 9 are rejected under 35 U.S.C. 103 as being unpatentable over French in view of Schmoening, further in view of Dybro and US-20220354055-A1 (“Hermann”).
Regarding claim 6, French as modified by Schmoening and Dybro teaches all of the elements of the current invention in claim 1. Schmoening further discloses a header speed actuator configured to control a speed of a component of the header (Schmoening ref 76 “actuator”) and a control system (Schmoening ref. 70 “control unit”) configured to control the header speed actuator to adjust the speed of the component of the header based on the first MOG intake sensor data and the second MOG intake sensor data (Schmoening [0033] “The actuator 76 is triggered by the control unit 70 in such a manner that a desired intake speed of the harvesting header 20 results, which can be input by the operator input unit 98 or automatically by the controller based on measurement values of sensors that detect the properties of the crop, such as moisture or compressibility”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Schmoening to French as modified by Schmoening and Dybro such that the harvester comprises a header speed actuator configured to control a speed of a component of the header and a control system configured to control the header speed actuator to adjust the speed of the component of the header based on the first MOG intake sensor data and the second MOG intake sensor data. Doing so would allow for the operator to control the header to a desired intake speed (Schmoening [0033]).
French as modified by Schmoening and Dybro does not teach a grain loss sensor configured to detect a characteristic indicative of grain loss and generate grain loss sensor data indicative of a grain loss value; and wherein the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the grain loss sensor data. However, Hermann teaches a grain loss sensor configured to detect a characteristic indicative of grain loss and generate grain loss sensor data indicative of a grain loss value (Hermann ref 62 “sensing unit”); and wherein the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the grain loss sensor data (Hermann [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Hermann to French as modified by Schmoening and Dybro such that the harvester further comprises a grain loss sensor configured to detect a characteristic indicative of grain loss and generate grain loss sensor data indicative of a grain loss value; and wherein the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the grain loss sensor data. Doing so would allow grain loss associated with a header to be monitored (Hermann [0005]).
Regarding claim 9, French as modified by Schmoening, Dybro, and Hermann teaches all of the elements of the current invention in claim 6. French as modified by Schmoening, Dybro, and Hermann already discloses adjusting the speed of the component of the header based on the MOG intake sensor data. Hermann further discloses that the grain loss sensor comprises a first grain loss sensor configured to detect a first characteristic within the non-header portion and generate first grain loss sensor data indicative of a first grain loss value (Hermann ref 62A “sensing units”), the mobile agricultural harvester further comprising: a second grain loss sensor configured to detect a second characteristic outside of the non-header portion and generate second grain loss sensor data indicative of a second grain loss value (Hermann ref 62B “sensing units”); and wherein the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the first grain loss sensor data, and the second grain loss sensor data (Hermann [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to further incorporate the teachings of Hermann to French as modified by Schmoening, Dybro, and Hermann such that the grain loss sensor comprises a first gran loss sensor configured to detect a first characteristic within the non-header portion and generate first grain loss sensor data indicative of a first grain loss value, the agricultural harvester further comprising: a second grain loss sensor configured to detect a second characteristic outside of the non-header portion and generate second grain loss sensor data indicative of a second grain loss value; and wherein the control system is further configured to control the header speed actuator to adjust the speed of the component of the header based on the first grain loss sensor data, and the second grain loss sensor data.. Doing so would allow grain loss associated with a header to be monitored (Hermann [0005]).
Allowable Subject Matter
Claims 16 and 18-20 are allowed.
Claims 15 and 23 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.
Response to Arguments/Remarks
With respect to Applicant’s remarks filed on 01/20/2026; Applicant's “Amendments and Remarks” have been fully considered. Applicant’s remarks will be addressed in sequential order as they were presented.
With respect to the claim interpretation under 35 U.S.C. § 112(f), applicants “Amendment and Remarks” have been fully considered and are found persuasive. Therefore, the office has withdrawn the interpretation.
With respect to the previous claim rejections under 35 U.S.C. § 103, Amendment and Remarks” have been fully considered. Applicant has amended the independent claim and these amendments have changed the scope of the original application and the Office has supplied new grounds for rejection attached below in the FINAL office action and therefore the prior arguments are considered moot.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/J.N./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666