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 .
Status of Claims
This is the second Office Action on the merits. Claims 1 and 3-20 are currently pending. Claims 1, 3, and 15 are currently amended, claim 2 was cancelled, and claims 19 and 20 are new. This action is FINAL.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE10-2022-109-092.2, filed on 05/04/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/05/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The amendments filed on 03/03/2026 have been entered.
In regards to the Claims and newly added Claims, Applicant’s amendments have been acknowledged.
Response to Arguments
Applicant’s arguments, see Pages 9-11, filed 03/03/2026, with respect to the rejection(s) of claim(s) 1-18 under 35 USC 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hrnicek et al. (US20110266365A1) in view of Strelioff et al. (US20040158381A1), hereinafter Hrnicek and Strelioff’381.
In regards to the 35 USC 102 and 103 rejections of claims 1, 3, and 13, Applicant argues that Hrnicek and Streiloff’937 do not disclose the newly amended limitations. Examiner found argument persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hrnicek in view of Streiloff’381. Each of the dependent claims, depend directly or indirectly from the independent claims 1 and 15, and by dependency of these independent claims are rejected under 35 USC 103, as discussed below.
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 1, 3-4, 6-9, 14-15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hrnicek in view of Strelioff’381.
Regarding claim 1, Hrnicek discloses a mobile agricultural distribution machine ("A boom sprayer", [0008]) having a first direction of travel and a travel speed (“The operator sets the desired height of the boom assembly, actuates the camera (90) and the master controller (108) and navigates the boom sprayer (10) along the rows (128) of crops (94)”, [0031]), the machine comprising: a distribution linkage for applying agricultural material, the distribution linkage comprising two lateral booms, each having a plurality of application elements for applying the material (FIG. 2 shows the distribution linkage with a lateral boom on each side, “A plurality of fluid lines (26) is coupled between the fluid container (24) and spray nozzles (28) provided on the boom assembly (14). (FIGS. 1-2)”, [0022]); a controllable actuating device for altering a position of the distribution linkage relative to a target agricultural area to be worked (“The hydraulic control valve manifold (36) feeds to a plurality of hydraulic cylinder assemblies (38), (40) and (42) configured to lift, tilt and pivot the boom assembly (14)”, [0023]); a sensor device comprising a far-range sensor ("It is desirable to modulate the frequency to obtain a detection range in excess of two meters, more preferably three meters and most preferably in excess of five meters. The preferred modulation frequency of 20 MHz provides a range of approximately seven and one half meters", [0029], "the camera (90) identifies the change, based upon the position of the crop (94)…the master controller (108) moves the boom assembly (14)…to position the boom assembly at the desired height when passing over the plant", [0031]-[0032]), configured to sense in anticipation a change in vertical distance between the distribution linkage and the target area and/or upcoming changes in contour of the target area (“A signal system is coupled to a boom assembly mounted on an agricultural support vehicle. A boom lift assembly moves the boom. The signal system produces a signal representative of a structure at least two meters ahead of the boom lift assembly”, [0008]); and a control device for the purpose of controlling the position of the distribution linkage, the control device being configured to generate actuating signals for the actuating device based upon at least one of the change in vertical distance sensed in anticipation and/or the changes in contour, in order to at least partially reduce a response time in the position control device (“A controller actuates the boom lift assembly to lift the boom in response to receipt of the signal”, [0008], “The processing unit (106) receives and filters information from the sensor (88) to determine the location of the structure (92) relative to the sensor (88). The processing unit (106) sends this information to the master controller (108) which, based upon predetermined parameters previously programmed into the master controller (108) through the computer (96), actuates one or more of the hydraulic cylinder assemblies (36), (38) and (40)”, [0031]).
However, Hrnicek does not teach of a close-range sensor, the sensor device being configured to sense a vertical distance between the distribution linkage and the target area at a plurality of measurement locations that are spaced apart from each other in the direction of travel.
Strelioff’381, in the same field of endeavor, teaches of a close-range sensor, the sensor device being configured to sense a vertical distance between the distribution linkage and the target area at a plurality of measurement locations that are spaced apart from each other in the direction of travel ("The first, second and third measuring components may comprise ultrasonic sound echo sensors… located at or near a terminal end of the left wing section… right wing section", [0006], "Wing section position measuring apparatus is configured for producing a right wing signal correlatable to a distance between the right wing section and a right wing reference position (e.g. ground) and a left wing signal correlatable to a distance between the left wing section and a left wing reference position (e.g. ground)", [0006]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Hrnicek with the teaching of Strelioff’381 to include a close-range sensor. One of ordinary skill in the art would have been motivated to make this modification in order to obtain real-time local height data of the booms current position, which complements Hrnicek's forward looking camera as the far-range sensor. Hrnicek also discloses that prior art close-range sensors are useful for confirming the booms actual current height (Hrnicek, [0004]).
Regarding claim 3, Hrnicek teaches of all limitations of claim 1 as stated above, additionally, wherein the sensor device is further configured to: sense the vertical distance between the distribution linkage and the target area at a first measurement location and at a second measurement location with the far-range sensor ("It is desirable to modulate the frequency to obtain a detection range in excess of two meters, more preferably three meters and most preferably in excess of five meters. The preferred modulation frequency of 20 MHz provides a range of approximately seven and one half meters", [0029], "the camera (90) identifies the change, based upon the position of the crop (94)…the master controller (108) moves the boom assembly (14)…to position the boom assembly at the desired height when passing over the plant", [0031]-[0032]); and/or scan a contour of the target area at a second measurement location with the far-range sensor, the second measurement location being located at least partially ahead of the first measurement location when viewed in the direction of travel ("The camera (90) uses time-of-flight (TOF) methodology to identify the location of a structure (92), such as crops (94), fences (96), hills (98), valleys (100) or any other type of structure, relative to the camera (90)", [0027], "The sensor (88) is provided with a 64x48 pixel array and a field of view of between 20 and 60 degrees vertical, more preferably between 30 and 50 degrees vertical and most preferably about 40 degrees vertical", [0026], 64x48 pixels = 3,072 different measurements at different “locations” in the field of view).
However, modified Hrnicek does not teach of at a first measurement location with the close-range sensor.
Strelioff’381, in the same field of endeavor, teaches of at a first measurement location with the close-range sensor ("The first, second and third measuring components may comprise ultrasonic sound echo sensors… located at or near a terminal end of the left wing section… right wing section", [0006], "Wing section position measuring apparatus is configured for producing a right wing signal correlatable to a distance between the right wing section and a right wing reference position (e.g. ground) and a left wing signal correlatable to a distance between the left wing section and a left wing reference position (e.g. ground)", [0006]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek with the teaching of Strelioff’381 to include a close-range sensor. One of ordinary skill in the art would have been motivated to make this modification in order to obtain real-time local height data of the booms current position, which complements Hrnicek's forward looking camera as the far-range sensor. Hrnicek also discloses that prior art close-range sensors are useful for confirming the booms actual current height (Hrnicek, [0004]).
Regarding claim 4, Hrnicek teaches of all limitations of claim 1 as stated above, additionally, the control device being further configured to determine a time point for the generation of an actuating signal in the position control based upon the travel speed and/or a variable derived therefrom, such that a travel time between the first measurement location and the second measurement location substantially corresponds to the response time of the actuating device in the position control (“The master controller (108) is also coupled to a speedometer (110) to determine the rate at which to actuate the hydraulic cylinder assembly (38) to tilt the boom assembly (14) so that the boom assembly (14) is in the desired orientation by the time the boom assembly (14) reaches the hill (106)”, [0032]).
Regarding claim 6, Hrnicek teaches of all limitations of claim 3 as stated above, additionally, generate an actuating signal for the actuating device for the purpose of adapting the position of the distribution linkage to the change in vertical distance, before the distribution linkage reaches the second measurement location, based upon the determined change in vertical distance or the variable derived therefrom (“The processing unit (106) receives and filters information from the sensor (88) to determine the location of the structure (92) relative to the sensor (88). The processing unit (106) sends this information to the master controller (108) which, based upon predetermined parameters previously programmed into the master controller (108) through the computer (96), actuates one or more of the hydraulic cylinder assemblies (36), (38) and (40)”, [0031]).
Regarding claim 7, Hrnicek teaches of all limitations of claim 1 as stated above, additionally, the control device being further configured to determine a direction of a gradient of the vertical distance between the distribution linkage and the target area based upon the changing vertical distances sensed in anticipation and/or changes in contour ("Alternatively, the camera (90) may be configured to identify the actual change in the slope of the fi eld (126)”, [0032]).
Regarding claim 8, Hrnicek teaches of all limitations of claim 1 as stated above, additionally, the control device being further configured to: to determine a value for the actuating signal in proportion to a value of the changing vertical distance sensed in anticipation and/or of the change in contour (“Upon receipt of the slope change information from the processing unit (106), the master controller (108) actuates the hydraulic cylinder assembly (38) to tilt the boom assembly (14)”, [0032]); or to generate, based upon the changing vertical distance sensed in anticipation and/or on the change in contour, an actuating signal that causes the position of the distribution linkage to be altered by an offset value relative to the agricultural target area to be worked (“Upon receipt of the slope change information from the processing unit (106), the master controller (108) actuates the hydraulic cylinder assembly (38) to tilt the boom assembly (14)”, [0032], “The image sensor relays the height and distance information to the boom lift assembly which lifts, tilts and/or pivots the boom assembly as desired to position the boom assembly at the desired height when passing over the plant”, [0009]).
Regarding claim 9, Hrnicek teaches of all limitations of claim 3 as stated above, additionally, the control device being further configured to determine a vertical distance between the distribution linkage and the target area based upon the measurement values sensed at the first measurement location, and to use this determined distance to adjust the vertical distance between the distribution linkage and the target area to a predetermined setpoint vertical distance (“The operator sets the desired height of the boom assembly, actuates the camera (90) and the master controller (108)”, [0031], "The processing unit (106) sends this information to the master controller (108) which, based upon predetermined parameters previously programmed into the master controller (108), actuates one or more of the hydraulic cylinder assemblies (38), (40) and (42) to lift, tilt and/or pivot the boom assembly (14) and position the boom assembly at a desired height when passing over the plant", [0031]).
Regarding claim 14, Hrnicek teaches of all limitations of claim 1 as stated above, additionally, wherein the response time and/or a system speed in the controlling of the position of the distribution linkage is stored in the control device, and/or the control device being configured to determine the response time and/or the system speed on the basis of a time measurement ("The external computer system (116) may also be used to program the master controller (108) to increase or decrease the reaction times of the hydraulic cylinder assemblies...", [0030]).
Regarding claim 15, Hrnicek teaches of a method for controlling the position of a distribution linkage of a mobile agricultural distribution machine having a distribution linkage for applying agricultural material, the distribution linkage having two lateral booms, each having a plurality of application elements for applying the material ([0008], FIG. 2 shows the distribution linkage with a lateral boom on each side, “A plurality of fluid lines (26) is coupled between the fluid container (24) and spray nozzles (28) provided on the boom assembly (14). (FIGS. 1-2)”, [0022]), the method comprising the steps of: anticipatory sensing, by a sensor device comprising a far-range sensor ("It is desirable to modulate the frequency to obtain a detection range in excess of two meters, more preferably three meters and most preferably in excess of five meters. The preferred modulation frequency of 20 MHz provides a range of approximately seven and one half meters", [0029], "the camera (90) identifies the change, based upon the position of the crop (94)…the master controller (108) moves the boom assembly (14)…to position the boom assembly at the desired height when passing over the plant", [0031]-[0032]), of a change in the vertical distance from the distribution linkage to a target area to be worked between a second measurement location sensed by the far-range sensor (“Three ultrasonic sensor modules 105 are mounted on each of the VG sprayer booms 101 in positions in which they are able to project a pulse of ultrasound in a downwards facing cone towards the area directly underneath the VG sprayer boom on which it is mounted”, [0024], “Converting the elapsed time into distance as described previously allows the control circuit 307 to determine that the first reflections occurred at a distance of approximately 0.5 m from the transducer of the ultrasonic sensor module 105”, [0040]); and based upon the change in vertical distances sensed in anticipation, generating actuating signals for an actuating device for the purpose altering a position of the distribution linkage relative to the target area (“Upon receipt of the slope change information from the processing unit (106), the master controller (108) actuates the hydraulic cylinder assembly (38) to tilt the boom assembly (14)”, [0032]); wherein a response time in the position control of the distribution linkage is least partially reduced such that the actuating signals are generated before the distribution linkage reaches the second measurement location (“The master controller (108) is also coupled to a speedometer (110) to determine the rate at which to actuate the hydraulic cylinder assembly (38) to tilt the boom assembly (14) so that the boom assembly (14) is in the desired orientation by the time the boom assembly (14) reaches the hill (106)”, [0032]).
However, Hrnicek does not teach of a close-range sensor, and a first measurement location sensed by the close-range sensor.
Strelioff’381, in the same field of endeavor, teaches of a close-range sensor, and a first measurement location sensed by the close-range sensor ("The first, second and third measuring components may comprise ultrasonic sound echo sensors… located at or near a terminal end of the left wing section… right wing section", [0006], "Wing section position measuring apparatus is configured for producing a right wing signal correlatable to a distance between the right wing section and a right wing reference position (e.g. ground) and a left wing signal correlatable to a distance between the left wing section and a left wing reference position (e.g. ground)", [0006]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of Hrnicek with the teaching of Strelioff’381 to include a close-range sensor. One of ordinary skill in the art would have been motivated to make this modification in order to obtain real-time local height data of the booms current position, which complements Hrnicek's forward looking camera as the far-range sensor. Hrnicek also discloses that prior art close-range sensors are useful for confirming the booms actual current height (Hrnicek, [0004]).
Regarding claim 19, Hrnicek teaches of all limitations of claim 1 as stated above, additionally, wherein the control device is configured to alter a direction of view of the far-range sensor ("It is desirable to modulate the frequency to obtain a detection range in excess of two meters, more preferably three meters and most preferably in excess of five meters. The preferred modulation frequency of 20 MHz provides a range of approximately seven and one half meters", [0029], "The sensor (88) is provided with a field of view of between 20 and 60 degrees vertical, more preferably between 30 and 50 degrees vertical and most preferably about 40 degrees vertical", [0026]) based on the travel speed ("The master controller (108) is also coupled to a speedometer (110) to determine the rate at which to actuate the hydraulic cylinder assembly (38) to tilt the boom assembly (14) so that the boom assembly (14) is in desired orientation by the time the boom assembly (14) reaches the hill", [0032]).
Regarding claim 20, modified Hrnicek teaches of all limitations of claim 1 as stated above, additionally, of a second location in the direction of travel, and the far-range sensor being directed toward the second location ("the signal system produces a signal representative of a structure at least two meters ahead of the boom lift assembly", [0008]).
However, modified Hrnicek does not teach of wherein the plurality of measurement locations includes a first location in the direction of travel, the close-range sensor being directed toward the first location.
Strelioff’381, in the same field of endeavor, teaches of wherein the plurality of measurement locations includes a first location in the direction of travel, the close-range sensor being directed toward the first location ("The first, second and third measuring components may comprise ultrasonic sound echo sensors… located at or near a terminal end of the left wing section… right wing section", [0006], "Wing section position measuring apparatus is configured for producing a right wing signal correlatable to a distance between the right wing section and a right wing reference position (e.g. ground) and a left wing signal correlatable to a distance between the left wing section and a left wing reference position (e.g. ground)", [0006])
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek with the teaching of Strelioff’381 to include a close-range sensor. One of ordinary skill in the art would have been motivated to make this modification in order to obtain real-time local height data of the booms current position, which complements Hrnicek's forward looking camera as the far-range sensor. Hrnicek also discloses that prior art close-range sensors are useful for confirming the booms actual current height (Hrnicek, [0004]).
Claims 5, 10-11, 13, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hrnicek in view of Strelioff’381, and further in view of Strelioff et al. (US20130345937A1), hereinafter Strelioff’937.
Regarding claim 5, modified Hrnicek teaches of all limitations of claim 3 as stated above, additionally, wherein: the second measurement location is equidistant or further from the distribution linkage compared to the first measurement location, the second measurement location being between one metre and 50 metres from the distribution linkage (“A signal system is coupled to a boom assembly mounted on an agricultural support vehicle. A boom lift assembly moves the boom. The signal system produces a signal representative of a structure at least two meters ahead of the boom lift assembly”, [0008]).
However, modified Hrnicek does not teach of the first measurement location corresponds to an area beneath or diagonally down ahead of the distribution linkage, and is between zero metres and one metre from the distribution linkage.
Strelioff’937, in the same field of endeavor, teaches of the first measurement location corresponds to an area beneath or diagonally down ahead of the distribution linkage, and is between zero metres and one metre from the distribution linkage (“Three ultrasonic sensor modules 105 are mounted on each of the VG sprayer booms 101 in positions in which they are able to project a pulse of ultrasound in a downwards facing cone towards the area directly underneath the VG sprayer boom on which it is mounted”, [0024], “Converting the elapsed time into distance as described previously allows the control circuit 307 to determine that the first reflections occurred at a distance of approximately 0.5 m from the transducer of the ultrasonic sensor module 105”, [0040]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek to include the teaching of Strelioff’937 of a first measurement location within zero to one meter with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to ensure that the boom does not come into contact with the top of crops that are directly below the machine itself (Strelioff’937, [0004]).
Regarding claim 10, modified Hrnicek teaches of all limitations of claim 3 as stated above, additionally, the control device being further configured to: determine, based upon the measurement values sensed by the sensor device, whether a switchover condition is fulfilled (“as the boom sprayer (10) approaches a hill (98), the camera (90) identifies the change, based upon the position of the crops (94). Alternatively, the camera (90) may be configured to identify the actual change in the slope of the field (126)”, [0032], identifies the change = switchover condition is fulfilled); and to a second operating mode, and in the second operating mode to generate, based upon the changing vertical distances sensed at the second measurement location, actuating signals for alteration of the position of the distribution linkage, which cause a current position of the distribution linkage to be altered in response to a change in vertical distance before the second measurement location is reached (“A signal system is coupled to a boom assembly mounted on an agricultural support vehicle. A boom lift assembly moves the boom. The signal system produces a signal representative of a structure at least two meters ahead of the boom lift assembly”, [0008], “A controller actuates the boom lift assembly to lift the boom in response to receipt of the signal”, [0008], “The processing unit (106) receives and filters information from the sensor (88) to determine the location of the structure (92) relative to the sensor (88). The processing unit (106) sends this information to the master controller (108) which, based upon predetermined parameters previously programmed into the master controller (108) through the computer (96), actuates one or more of the hydraulic cylinder assemblies (36), (38) and (40)”, [0031]).
However, modified Hrnicek does not teach of if the switchover condition is fulfilled, to change from a first operating mode, in which the vertical distance of the distribution linkage is adjusted to a setpoint vertical distance based upon the measurement values sensed at the first measurement location.
Strelioff’937, in the same field of endeavor, teaches of if the switchover condition is fulfilled, to change from a first operating mode, in which the vertical distance of the distribution linkage is adjusted to a setpoint vertical distance based upon the measurement values sensed at the first measurement location (“Three ultrasonic sensor modules 105 are mounted on each of the VG sprayer booms 101 in positions in which they are able to project a pulse of ultrasound in a downwards facing cone towards the area directly underneath the VG sprayer boom on which it is mounted”, [0024], “Converting the elapsed time into distance as described previously allows the control circuit 307 to determine that the first reflections occurred at a distance of approximately 0.5 m from the transducer of the ultrasonic sensor module 105”, [0040], FIG. 6, shows modes of operation changing when the top of crop level cannot be determined (i.e, terrain changes or crop changes))
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek to include the teaching of Strelioff’937 to switch operation modes when a condition is fulfilled during the first measurement location with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to ensure the uptime for the operation of the machine by enabling it to still work with other operations modes when conditions of the field change (Strelioff’937, [0053]).
Regarding claim 11, modified Hrnicek teaches of all limitations of claim 10 as stated above, additionally, wherein the switchover condition is fulfilled if a change in vertical distance between the distribution linkage and the target area, or a variable derived therefrom, based upon the measurement values sensed at the second measurement location (“as the boom sprayer (10) approaches a hill (98), the camera (90) identifies the change, based upon the position of the crops (94). Alternatively, the camera (90) may be configured to identify the actual change in the slope of the field (126)”, [0032], identifies the change = switchover condition is fulfilled).
However, modified Hrnicek does not teach of exceeds a predetermined threshold value.
Strelioff’937, in the same field of endeavor, teaches of exceeds a predetermined threshold value (“one type of control logic may cause the ultrasonic sensor modules 105 to generate and send a “No Reading” value of top of crop distance to the controller unit because the new height determined for the top of crop level is outside of the acceptable deviation from the top of crop distance determined”, [0073], if sensor value exceeds the predetermined value, then system switches operation mode).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek to include the teaching of Strelioff’937 to switch operation modes when the condition of exceeding a threshold value has been met with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to ensure the uptime for the operation of the machine by enabling it to still work with other operation modes when conditions of the field change (Strelioff’937, [0053]).
Regarding claim 13, modified Hrnicek teaches of all limitations of claim 1 as stated above.
However, modified Hrnicek does not teach of the control device being further configured to form an average value based upon vertical distances determined at the first and second measurement locations, which is used to generate the actuating signals and/or to control the position of the distribution linkage.
Strelioff’937, in the same field of endeavor, teaches of the control device being further configured to form an average value based upon vertical distances determined at the first and second measurement locations, which is used to generate the actuating signals and/or to control the position of the distribution linkage (“If a current top of crop level cannot be determined, a virtual top of crop level is calculated using the average crop height value. The agricultural equipment component is controlled to maintain a predetermined distance from the virtual top of crop level”, [0010]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek to include the teaching of Strelioff’937 to control the distribution linkage based on an average value of vertical distances with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to ensure a more accurate virtual crop height (Strelioff’937, [0052]).
Regarding claim 16, modified Hrnicek teaches of all limitations of claim 5 as stated above, additionally, wherein the second measurement location is between one metre and six metres from the distribution linkage (“A signal system is coupled to a boom assembly mounted on an agricultural support vehicle. A boom lift assembly moves the boom. The signal system produces a signal representative of a structure at least two meters ahead of the boom lift assembly”, [0008]).
Regarding claim 17, modified Hrnicek teaches of all limitations of claim 5 as stated above, additionally, wherein the second measurement location is between six metres and 20 metres from the distribution linkage (“The preferred modulation frequency of 20 MHz provides a range of approximately seven and one half meters”, [0029]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hrnicek in view of Strelioff’381, and further in view of Boging et al. (EP2835050A1), hereinafter Boging.
Regarding claim 12, modified Hrnicek teaches of all limitations of claim 1 as stated above.
However, modified Hrnicek does not teach of the control device being further configured to identify and filter out oscillations of the distribution linkage such that vertical oscillations and/or horizontal oscillations of the distribution linkage do not affect the determination of a vertical distance of the distribution linkage.
Boging, in the same field of endeavor, teaches of the control device being further configured to identify and filter out oscillations of the distribution linkage such that vertical oscillations and/or horizontal oscillations of the distribution linkage do not affect the determination of a vertical distance of the distribution linkage (“The object of the invention is to detect the vibrations of the distribution linkage in a simple and robust manner and, if necessary, to take measures to reduce these vibrations… The aim is to detect both yaw and roll oscillations”, [0003]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek to include the teaching of Boging to identify and filter out oscillations with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to prevent the negative impacts of oscillations (Boging, [0002]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hrnicek, Strelioff’381, and Strelioff’937, and further in view of Appelman et al. (US20200033155A1), hereinafter Appelman.
Regarding claim 18, modified Hrnicek teaches of all limitations of claim 5 as stated above.
However, modified Hrnicek does not teach of wherein the second measurement location is between 20 metres and 50 metres from the distribution linkage.
Appelman, in the same field of endeavor, teaches of wherein the second measurement location is between 20 metres and 50 metres from the distribution linkage ("the size of the area represented by the map can be determined in accordance with the range and accuracy of the scanning device. For example, a scanning range of 35 m in each direction with accuracy appropriate for the terrain and task", [0092]).
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have modified the teachings of modified Hrnicek to include the teachings of Appelman to measure more than 20 meters with reasonable expectations of success. One of ordinary skill in the art would have been motivated to make this modification in order to enhance the performance of the agricultural distribution machine by increasing the range of the sensing abilities of the vehicle. This allows for more reaction time for the machine to decide how to operate such as adjust the linkage height or navigate to avoid obstacles.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABIGAIL LEE ESPINOZA whose telephone number is (571)272-4889. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
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ABIGAIL LEE ESPINOZA
Examiner
Art Unit 3657
/ADAM R MOTT/Supervisory Patent Examiner, Art Unit 3657
Prosecution Insights