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 . In the event the determination of the status of the application as subject to 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.
Status of Claims
Claims 1-18 are currently pending and are being hereby examined herein. Claims 6-8 are currently amended.
Response to Amendment / Remarks
Any reference to the prior office action refers to the Non-Final Rejection dated 20 February 2026.
All objections from the prior office action are withdrawn.
Applicant’s arguments with respect to the prior art rejections from the prior office action have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy of GB2113422.6 filed on 21 September 2021 was received on 24 January 2024. Furthermore, this case is the national stage entry of PCT/IB2022/058559 filed on 12 September 2022.
Claim Objections
The claims are objected to because of the following informalities:
Claim 4: “both sensors” should be “both the imaging sensor and the thermal sensor
Claim 15: “and/or or” should be changed to either “and/or [[or]]” or “[[and/or]] or”.
Appropriate corrections are required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 and 13-18 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by U.S. Pub. No. 2020/0393303 (Betournay et al., hereinafter, Betournay).
Regarding Claim 1, Betournay discloses A system for monitoring the operation of an implement associated with an agricultural machine (see at least [0004] and FIG. 1: bucket 12 associated with earth working machine 10), the system comprising:
an imaging sensor having an imaging region at least partly covering the implement (see at least [0130]-[0131], [0134], FIG. 2, and FIG. 7: monitoring device 20 comprises HD camera 83 and UV camera; also any of the optional more than one thermal imaging sensors);
a thermal sensor having a sensing region which at least partly coincides with the imaging region of the imaging sensor (see at least [0105]-[0106] and FIG. 2: “monitoring device 20 includes a thermal imaging camera”); and
one or more controllers (see at least FIG. 7) configured to:
receive sensor data from the imaging sensor and the thermal sensor (see at least FIG. 7);
determine, from the sensor data received from the imaging sensor, a location of one or more operational elements of the implement within the imaging region (see at least [0138], [0140], and FIG. 9: “the controller 80 uses the thermal map algorithm 88 and the high definition (HD) camera 83 to create a simplified outline of the ground engaging products 14 which is provided as a line (the tooth and shroud outline) 102”);
determine, from the sensor data received from the thermal sensor and in dependence on the respective location of the one or more operational elements, a thermal characteristic associated with each of the one or more operational elements (see at least [0138] and [0143]: “The thermal map 100 indicates the temperature profile of each tooth 30 and shroud 32, and any parts of the lip 16 that are imaged”); and
output one or more control signals for controlling operation of one or more systems of the agricultural machine in dependence on the determined thermal characteristic (see at least [0136] and FIG. 9: “The tablet 94 is in wireless communication with the monitoring device 20 (in particular, via the wireless transceiver 84 in the monitoring device 20). The tablet 94 has a touch sensitive display and presents screens that have a menu portion 96 that includes ‘soft’ (i.e. programmable touch button) controls and alerts (presented on the screen) and a pictorial, real time, thermal map 100 received from the monitoring device 20 or the cloud computing environment 26”).
Regarding Claim 2, Betournay discloses Claim 1. Furthermore, Betournay discloses wherein the imaging sensor comprises a camera mounted or otherwise coupled to the front of the agricultural machine; and the thermal sensor comprises an infrared camera mounted or otherwise coupled to the front of the agricultural machine (see at least FIG. 1: monitoring device 20 is on the bucket 12 of earth working machine 10; bucket 12 is at the front of the earth working machine 10).
Regarding Claim 3, Betournay discloses Claim 1. Furthermore, Betournay discloses wherein the thermal characteristic comprises a temperature (see at least [0143]: “The thermal map 100 indicates the temperature profile of each tooth 30 and shroud 32, and any parts of the lip 16 that are imaged”).
Regarding Claim 4, Betournay discloses Claim 1. Furthermore, Betournay discloses wherein the one or more controllers are configured to determine an alignment of the imaging sensor and the thermal sensor through use of one or more markers visible to both sensors (see at least [0016], [0029], [0038]-[0039], [0113], [0118], [0123], [0134], [0138], [0140], [0157]-[0159], [0225], and FIG. 6: “A thermal insert 52 may include a material that can easily be detected by a UV camera and also easily distinguished from surrounding material or air by the UV camera”; “The fluorescence (or other form of photoluminescence) may be detected by the UV camera (or combined UV HD camera) and used to detect wear or absence of part of the ground engaging product 14 in which the thermal insert 52 is located”; “a UV camera, the UV camera may also assist in creating the simplified outline of the ground engaging products 14, and also detecting thermal inserts in the ground engaging products 14”; “To improve the resolution of the thermal image, multiple images may be captured and combined (either from one thermal imaging sensor 82, or in embodiments that use multiple thermal imaging sensors, the multiple images may be provided by multiple thermal imaging sensors) to provide sharper contrast between a low temperature area and a higher temperature area”; “These thermal inserts 52 have thermal properties that enable them to be distinguished from the surrounding material”; “different shapes and designs of passive thermal inserts may be used”).
Regarding Claim 5, Betournay discloses Claim 1. Furthermore, Betournay discloses wherein the one or more systems of the agricultural machine controllable include a user interface, which provides information of the determined thermal characteristic (see at least [0136] and FIG. 8: display device 94 displays alerts and thermal map 100).
Regarding Claim 6, Betournay discloses Claim 5. Furthermore, Betournay discloses wherein the user interface is operable to be instructed by the one or more controllers to display or otherwise indicate an error state when the determined thermal characteristic differs from an expected level (see at least [0145], [0148], and FIG. 9: “No low temperature pixels at all are visible on the third tooth; indicating that the corresponding thermal sensor has been worn away completely, or at least to a size below that which can be detected. Similarly, no low temperature pixels at all are visible on the fourth tooth; but on that tooth the end portion (corresponding to the tip 46) is missing”; “When the comparison is performed automatically (for example, by the controller 80 or the cloud computing environment 26), the processor may generate an alert (audible, visual, or tactile) when part of a ground engaging product 14 is significantly worn or missing.”).
Regarding Claim 7, Betournay discloses Claim 6. Furthermore, Betournay discloses wherein the one or more controllers are configured to compare the determined thermal characteristic with a threshold and control the user interface in dependence on said comparison (see at least [0143]: “each pixel on the thermal map 100 would indicate a temperature using a different color (or color gradation) for each different temperature (or for temperature block, where a block covers a range of temperatures, for example two degrees centigrade, five degrees centigrade, or the like)”).
Regarding Claim 8, Betournay discloses Claim 7. Furthermore, Betournay discloses wherein the threshold is predetermined; or wherein the threshold comprises an average value of the thermal characteristic for a particular operational element in an operational mode (see at least [0143] and [0223]: “each pixel on the thermal map 100 would indicate a temperature using a different color (or color gradation) for each different temperature (or for temperature block, where a block covers a range of temperatures, for example two degrees centigrade, five degrees centigrade, or the like)”; “The temperature profile of the ground engaging products 14 can be compared by a programmable logic device with known profiles in a database to determine the level of wear in the products 14”).
Regarding Claim 9, Betournay discloses Claim 1. Furthermore, Betournay discloses wherein the one or more controllers are operable to control one or more operating parameters of the agricultural machine in dependence on the determined thermal characteristic (see at least [0154] and [0171]: “In addition to using the thermal imaging sensor 82 to detect wear, and absence of portions, of the ground engaging products 14, it may also be used at installation of all of some ground engaging products 14 to enumerate what is present. For example, after the teeth 30 and shrouds 32 have been installed, the ground engaging products 14 may be warmed, either using an external heat source (for example, a hot air blower), an internal heat source (described in more detail below), or by using the ground engaging products 14 for a short period to apply heat by friction due to contact with the earthen material (such as rocks) being broken down”).
Regarding Claim 13, Betournay discloses Claim 1. Furthermore, Betournay discloses wherein the one or more controllers are configured to control output of one or more indicators of suggested operating parameter settings to change the determined thermal characteristic (see at least [0197]: “a user can view the screens 430, and particularly the thermal map 500 and temperature information 502 to ascertain if any parts of the edge of the bucket 12 (e.g. the ground engaging products 14 or the lip 16) need to be replaced. This evaluation may also be performed automatically by the processor 418 or by a remote computer, such as the cloud computing environment 26”).
Regarding Claim 14, Betournay discloses Claim 1. Furthermore, Betournay discloses comprising one or more motion sensors (see at least [0175]: accelerometer 286); and wherein the one or more controllers are configured to: receive sensor data from the one or more motion sensors; and determine therefrom a motion parameter associated with the implement and/or one or more operating elements thereof (see at least [0175] and [0182]: “For example, the controller 288 can determine from an accelerometer 286 that the bucket 12 has not moved for a certain period of time and on initial movement (or in response to a command received from a remote interface, or at preset times) the controller 288 can turn on the thermal unit 282 or the emitter 284 to allow the monitoring device 20 to detect the active thermal insert 252”).
Regarding Claim 15, Betournay discloses Claim 14. Furthermore, Betournay discloses wherein the motion parameter comprises a measure of a frequency and/or amplitude of a vibration associated with the implement and/or one or more operating elements thereof; and/or or a measure of a rotational frequency or acceleration of one or more moveable operating elements of the implement (see at least [0175] and [0182]: accelerometer measures acceleration of the bucket 12).
Regarding Claim 16, Claim 16 is rejected for the same reasons as Claim 1.
Regarding Claim 17, Betournay discloses Claim 1. Furthermore, Betournay discloses An agricultural machine comprising the system of claim 1 (see at least FIG. 1).
Regarding Claim 18, Claim 18 is rejected for the same reasons as Claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Betournay in view of U.S. Pub. No. 2021/0002850 (hereinafter, Wu).
Regarding Claim 10, Betournay discloses Claim 9. Betournay does not explicitly disclose wherein the one or more operating parameters comprises a forward speed of the agricultural machine. Wu, in the same field of work / agricultural machines, and therefore analogous art, teaches autonomous control of an excavator / wherein the one or more operating parameters comprises a forward speed of the agricultural machine (see at least [0143], [0169], and FIG. 7: moves along a path, therefore, changes speed; also, stops for errors).
Combining the autonomous control and autonomous stopping in the case of errors of Wu with Betournay would have been obvious, before the effective filing date of the invention, with a reasonable expectation of success, to one having ordinary skill in the art, with the motivation of using the system of Betournay on the autonomous machine of Wu and needing to stop based on certain thermal errors / missing part detections an obvious conclusion for one of ordinary skill when combining Betournay and Wu as described.
Regarding Claim 11, Betournay discloses Claim 9. Betournay does not explicitly disclose wherein the one or more operating parameters include an operating setting of one or more sub-assemblies of the agricultural machine, including an operating speed of the implement. Wu, in the same field of work / agricultural machines, and therefore analogous art, teaches autonomous control of an excavator / wherein the one or more operating parameters include an operating setting of one or more sub-assemblies of the agricultural machine, including an operating speed of the implement (see at least [0140], [0169], and FIG. 7: changes posture, therefore, changes speed; also, stops for errors).
Combining the autonomous control and autonomous stopping in the case of errors of Wu with Betournay would have been obvious, before the effective filing date of the invention, with a reasonable expectation of success, to one having ordinary skill in the art, with the motivation of using the system of Betournay on the autonomous machine of Wu and needing to stop based on certain thermal errors / missing part detections an obvious conclusion for one of ordinary skill when combining Betournay and Wu as described.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Betournay in view of the English translation of WIPO Pub. 2020/218464 (Edo et al., hereinafter, Edo).
For the mapping below, all paragraph numbers refer to U.S. Pub. No. 2022/0346315, which is the English translation of Edo.
Regarding Claims 11 and 12, Betournay discloses Claim 9. Betournay does not explicitly disclose wherein the one or more operating parameters include an operating setting of one or more sub-assemblies of the agricultural machine, including an operating speed of the implement (Claim 11) and wherein the implement comprises a header for a harvesting machine, and the one or more controllers are operable to control a reel speed of the header (Claim 12). Betournay is drawn to an excavator. Applying the known technique of Betournay (general controls of Betournay / thermal inserts of Betournay for missing part detection / part error detection) to the known device of Edo (Edo teaches visible light and temperature sensors on a combine, see reference numbers 121 and 122 in FIG. 11, the combination is to apply the general controls and thermal inserts from Betournay for part error detection with the harvesting header and/or reel of Edo) would have been obvious, before the effective filing date of the invention, with a reasonable expectation of success, to one having ordinary skill in the art, to yield predictable results of determining more information about the status of the reel and/or header of Edo with the motivation of providing information that could be used by the autonomous system to detect an error like a missing part on Edo and stopping in response to the error. Edo, in the same field of agricultural machines, and therefore analogous art, specifically teaches stopping in response to an error wherein the one or more operating parameters include an operating setting of one or more sub-assemblies of the agricultural machine, including an operating speed of the implement and wherein the implement comprises a header for a harvesting machine, and the one or more controllers are operable to control a reel speed of the header (see at least [0142]-[0144]: the entire combine is stopped, therefore, the reel 15B of harvesting header 15A also has the forward motion speed controlled).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRA ROBYN MORFORD whose telephone number is (571)272-6109. The examiner can normally be reached Monday - Friday 8:00 AM - 4:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Worden can be reached at (571) 272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.R.M./Examiner, Art Unit 3658
/JASON HOLLOWAY/Primary Examiner, Art Unit 3658
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