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 statement (IDS) submitted on 07/19/2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nafziger (US 20180132420 A1) in view of Babler (US 20210045292 A1).
Regarding Claim 1,
Disclosure by Nafziger
Nafziger discloses:
A windrower implement
See at least: "self-propelled windrower 10" ([0018])
Rationale: Nafziger describes a windrower implement.
comprising: a frame extending along a central longitudinal axis
See at least: "frame 15" ([0018]/Fig. 1)
Rationale: Nafziger discloses a frame 15 that inherently extends along a central longitudinal axis as part of the windrower structure, as shown in Figure 1.
between a forward end and a rearward end relative to a direction of travel during operation;
See at least: "harvesting header 14 attached to a frame 15…header 14 includes a cutter 18 for severing standing crops as the machine moves through the field, conditioning mechanism in the form of a pair of conditioner rolls 20, and may include a pair of rearwardly converging windrow forming shields 22 behind the conditioner rolls 20 ([0018])
Rationale: The frame has a forward end where the header is attached and a rearward end relative to direction of travel during operation.
an implement head attached to the frame proximate the forward end thereof,
See at least: "harvesting header 14 attached to a frame 15 of the tractor 12" ([0018]/Fig. 1)
Rationale: The implement head (header 14) is attached to the frame 15 proximate the forward end thereof.
wherein the implement head is operable to cut standing crop material
See at least: "cutter 18 for severing standing crops" ([0018])
Rationale: The implement head cuts standing crop material.
and discharge cut crop material in a rearward direction along the central longitudinal axis;
See at least: "the conditioner rolls 20 have the characteristic of projecting a stream of conditioned materials rearwardly therefrom and toward the swathboard 24 as the crop materials issue from the rolls 20." ([0019])
Rationale: The implement head discharges cut crop material in a rearward direction along the central longitudinal axis.
a merger attachment coupled to the frame rearward of the implement head,
See at least: "merger attachment 26 comprising a conveyor frame 28 coupled to the windrower" ([0020])
Rationale: The merger attachment 26 is coupled to the frame rearward of the implement head.
wherein the merger attachment includes a conveyor
See at least: "conveyor 30 that receives the cut crop discharged from the header 14" ([0020])
Rationale: The merger attachment includes a conveyor 30.
moveable between a deployed position in which the conveyor is positioned relative to the implement head
See at least: "lowered, operational position" ([0021])
Rationale: The conveyor is moveable between a deployed position in which it is positioned relative to the implement head.
to receive discharged crop material from the implement head
See at least: "in which the crop material coming from the conditioner rolls 20 is directed rearward…lands on the conveyor 30" ([0021])
Rationale: In the deployed position, the conveyor receives discharged crop material from the implement head.
and convey the crop material laterally relative to the central longitudinal axis
See at least: "direct the crop material to a side of the windrower" ([0007])
Rationale: The conveyor conveys the crop material laterally relative to the central longitudinal axis.
to form a windrow laterally offset from the central longitudinal axis,
See at least: "form a windrow on the ground to the side of the windrower" ([0007])
Rationale: This forms a windrow laterally offset from the central longitudinal axis.
and a stowed position in which the conveyor is positioned relative to the implement head
See at least: "The conveyor frame 28 of the merger attachment 26 is positionable between a raised position as shown in FIGS. 2 and 3 in which the conveyor 30 is positioned above and out of the way of the stream of crop material coming from the conditioner rolls 20" ([0021])
Rationale: The conveyor is in a stowed position in which it is positioned relative to the implement head.
to not receive discharged crop material from the implement head
See at least: "…in which the conveyor 30 is positioned above and out of the way of the stream of crop material coming from the conditioner rolls 20" ([0021])
Rationale: In the stowed position, the conveyor does not receive discharged crop material from the implement head.
to form the windrow substantially aligned with the central longitudinal axis along a center line of the frame;
See at least: "discharges cut crop onto the field in between the front wheels of the windrower 10" ([0029])
Rationale: This forms a windrow substantially aligned with the central longitudinal axis along a center line of the frame.
Claim Limitations Not Explicitly Disclosed by Nafziger
Nafziger does not explicitly disclose:
a merger controller having a processor and a memory having a merger control algorithm stored thereon,
wherein the processor is operable to execute the merger control algorithm
to: determine a location of a windrow formed during a belly pass
and save the location of the windrow formed during the belly pass in the memory as a windrow track location;
when executing a merger pass adjacent to the belly pass, determine a current position of the conveyor relative to the windrow track location of the belly pass;
and control a current speed of the conveyor based on the windrow track location of the belly pass and the current position of the conveyor
to achieve a desired throw distance of crop material discharged from the conveyor.
Disclosure by Babler
Babler discloses:
a merger controller having a processor and a memory having a merger control algorithm stored thereon,
See at least: "merger control system 1100" including "data analyzer 1114" and "database 1116" ([0151])
Rationale: Babler discloses a merger controller with a processor (as part of the system) and a memory (database 1116) having a merger control algorithm stored thereon.
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to: determine a location of a windrow formed during a belly pass
See at least: "determined location of the fourth windrow 124 and/or a determined location of the fifth windrow 126" ([0173])
Rationale: Babler's controller determines a location of a windrow formed during a belly pass (where the "belly pass" concept is supplied by Nafziger).
and save the location of the windrow formed during the belly pass in the memory as a windrow track location;
See at least: "database 1116 ... stores ... at least a portion of the data" including windrow locations ([0174])
Rationale: The controller saves the location of the windrow in the memory as a windrow track location.
when executing a merger pass adjacent to the belly pass, determine a current position of the conveyor relative to the windrow track location of the belly pass;
See at least: "controller 104 determines one or more adjustment(s) for the conveyor actuator(s) 108 associated with such positioning of the output windrow(s) 124, 126 relative to the respective ones of the completed windrow(s) 168" ([0052])
Rationale: Babler's controller determines a current position of the conveyor relative to the windrow track location of the belly pass (using completed windrows as track locations)
and control a current speed of the conveyor based on the windrow track location of the belly pass and the current position of the conveyor
See at least: "the conveyor interface 1104 directs the conveyor actuator(s) 108 to operate the conveyor belt(s) 142, 306, 308, 800, 802, 804, 806 at one or more particular speeds and/or within one or more particular ranges of speeds. In such examples, the conveyor interface 1104 directs a conveyor actuator 108 to operate a belt 142, 306, 308, 800, 802, 804, 806 at the aforementioned first belt speed and/or within a first example range of belt speeds (e.g., about 15 feet per second or more)" ([0158])
Rationale: Babler's controller controls a current speed of the conveyor based on the windrow track location of the belly pass and the current position of the conveyor (as part of its control logic for material deposition).
to achieve a desired throw distance of crop material discharged from the conveyor.
See at least: "controller 104 controls the conveyor 134 via the conveyor actuator(s) 108 to form the fourth windrow 124 ... by particularly depositing the material 114 on the ground surface 116 relative to one or more completed windrows 168" ([0052])
Rationale: By controlling conveyor speed to deposit material at specific locations, Babler achieves a desired throw distance of crop material discharged from the conveyor.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to integrate Babler's GPS-based windrow tracking and conveyor speed control into Nafziger's windrower to automate the belly-pass/merger-pass operation. Both references relate to agricultural windrow-forming equipment, and combining Babler's advanced control system with Nafziger's mechanical windrower structure would yield predictable benefits, including reduced operator workload, improved consistency in windrow placement, and increased overall harvesting efficiency.
Regarding Claim 2,
The combination of Nafziger and Babler establishes the windrower implement of Claim 1, which is the basis for Claim 2.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to calculate the desired throw distance
from the windrow track location of the belly pass
and the current position of the conveyor.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to calculate the desired throw distance from the windrow track location of the belly pass and the current position of the conveyor.
See at least: "records... a location of the fourth windrow 124 and/or a location of the fifth windrow 126... stores the location(s) in the database 1116" ([0173]) and "the merger control system 1100... increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114" ([0203])
See at least: "controls the conveyor 134 via the conveyor actuator(s) 108 to form the fourth windrow 124... by particularly depositing the material 114 on the ground surface 116 relative to one or more completed windrows 168" ([0052])
Rationale: Babler's processor executes the merger control algorithm to determine adjustments for conveyor actuators based on stored windrow locations and current conveyor position to achieve desired material deposition. In view of Nafziger's belly-pass windrow and corresponding track location, it would have been obvious to configure the processor to calculate the desired throw distance from the windrow track location of the belly pass and the current position of the conveyor.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to implement Babler's location-based control logic using stored windrow locations and conveyor position in Nafziger's windrower, which would inherently involve calculating a throw distance to achieve accurate windrow formation in the context of Nafziger's belly-pass/merger-pass operation, resulting in improved operational efficiency and consistent windrow placement.
Regarding Claim 2,
The combination of Nafziger and Babler establishes the windrower implement of Claim 1, which is the basis for Claim 2.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to calculate the desired throw distance
from the windrow track location of the belly pass
and the current position of the conveyor.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to calculate the desired throw distance
See at least: "the merger control system 1100 ... increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114" ([0203])
Rationale: Babler's control system achieves desired material deposition through speed adjustments, such that it would have been obvious to configure the processor to calculate the desired throw distance.
from the windrow track location of the belly pass
See at least: "a determined location of the fourth windrow 124 and/or a determined location of the fifth windrow 126" ([0173]) and "The database 1116 ... stores ... at least a portion of the data" ([0174])
Rationale: Babler stores windrow track location of windrows formed during passes, which corresponds to the belly pass concept from Nafziger.
and the current position of the conveyor.
See at least: "controller 104 determines one or more adjustment(s) for the conveyor actuator(s) 108 associated with such positioning of the output windrow(s) 124, 126 relative to the respective ones of the completed windrow(s) 168" ([0052])
Rationale: This determination involves the current position of the conveyor relative to stored windrow locations.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to implement Babler's location-based control logic using stored windrow locations and conveyor position in Nafziger's windrower, which would inherently involve calculating a throw distance from the windrow track location of the belly pass and the current conveyor position to achieve accurate windrow formation in the context of Nafziger's belly-pass/merger-pass operation, resulting in improved operational efficiency and consistent windrow placement.
Regarding Claim 3,
The combination of Nafziger and Babler establishes the windrower implement of Claim 2, which is the basis for Claim 3.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to calculate the desired throw distance
by calculating a perpendicular distance
between the windrow track location of the belly pass and the current position of the conveyor.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to calculate the desired throw distance
See at least: "the merger control system 1100 ... increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114" ([0203])
Rationale: Babler's control system achieves desired material deposition through speed adjustments, such that it would have been obvious to configure the processor to calculate the desired throw distance.
by calculating a perpendicular distance
See at least: "controller 104 determines one or more adjustment(s) for the conveyor actuator(s) 108 associated with such positioning of the output windrow(s) 124, 126 relative to the respective ones of the completed windrow(s) 168" ([0052])
Rationale: Babler's controller determines adjustments for material deposition relative to stored windrow locations, and in view of the lateral displacement involved in windrow formation, it would have been obvious to a PHOSITA to configure the processor by calculating a perpendicular distance as a straightforward geometric determination.
between the windrow track location of the belly pass and the current position of the conveyor.
See at least: "a determined location of the fourth windrow 124 and/or a determined location of the fifth windrow 126" ([0173]) and "The database 1116 ... stores ... at least a portion of the data" ([0174]) and "controller 104 determines one or more adjustment(s) for the conveyor actuator(s) 108 associated with such positioning of the output windrow(s) 124, 126 relative to the respective ones of the completed windrow(s) 168" ([0052])
Rationale: Babler stores the windrow track location of windrows formed during passes, and a PHOSITA would understand that the controller uses this stored location, along with the current position of the conveyor (via positioning adjustments), for deposition control.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to implement Babler's location-based control logic in Nafziger's windrower, where calculating a perpendicular distance between the stored windrow track location and the current conveyor position is a predictable and obvious method for determining the desired throw distance in the belly-pass/merger-pass operation, resulting in precise windrow placement and operational efficiency.
Regarding Claim 4,
The combination of Nafziger and Babler establishes the windrower implement of Claim 2, which is the basis for Claim 4.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to define a desired speed based on the desired throw distance
and a current mass flow rate of the crop material
currently being moved by the conveyor.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to define a desired speed based on the desired throw distance
See at least: "conveyor interface 1104 directs the conveyor actuator(s) 108 to control respective speeds of the belts" ([0157]) and "the merger control system 1100 ... increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114" ([0203])
Rationale: Babler's controller defines conveyor speeds to achieve desired deposition locations, such that it would have been obvious to configure the processor to define a desired speed based on the desired throw distance.
and a current mass flow rate of the crop material currently being moved by the conveyor.
See at least: "sensor(s) 150 are configured to generate sensor data associated with the material 114 during merger operation" including parameters such as "a size or volume, a density" ([0166]) and "controller 104 controls the conveyor 134 via the conveyor actuator(s) 108 to form the fourth windrow 124 ... by particularly depositing the material 114 on the ground surface 116 relative to one or more completed windrows 168" ([0052])
Rationale: Babler's system monitors material parameters, including volume and density, during operation, and a PHOSITA would understand that these parameters relate to mass flow rate and would be used by the controller in defining conveyor speed adjustments.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to implement Babler's conveyor speed control system in Nafziger's windrower, where defining a desired speed based on both the desired throw distance and current mass flow rate is a predictable and obvious method for maintaining consistent windrow formation in the belly-pass/merger-pass operation, resulting in improved material handling efficiency and deposition accuracy.
Regarding Claim 5,
The combination of Nafziger and Babler establishes the windrower implement of Claim 4, which is the basis for Claim 5.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to control the current speed of the conveyor
to achieve the desired speed.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to control the current speed of the conveyor
See at least: "conveyor interface 1104 directs the conveyor actuator(s) 108 to operate the conveyor belt(s) ... at one or more particular speeds and/or within one or more particular ranges of speeds" ([0158])
Rationale: Babler's processor control[s] the current speed of the conveyor through the conveyor interface and actuators.
to achieve the desired speed.
See at least: "conveyor interface 1104 directs the conveyor actuator(s) 108 to operate the conveyor belt(s) ... at one or more particular speeds and/or within one or more particular ranges of speeds" ([0158])
Rationale: Babler's controller operates the conveyor at specific speeds to achieve the desired speed as part of its control logic.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to implement Babler's conveyor speed control system in Nafziger's windrower, where controlling the current conveyor speed to achieve a desired speed is a fundamental and predictable aspect of automated conveyor operation in the belly-pass/merger-pass context, resulting in precise speed management and consistent windrow formation.
Regarding Claim 6,
The combination of Nafziger and Babler establishes the windrower implement set forth in claim 1, which is the basis for Claim 6.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to define a baseline speed of the conveyor
for a baseline throw distance
and a baseline crop mass flow rate.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to define a baseline speed of the conveyor
See at least: “the conveyor interface 1104 … directs the conveyor actuator(s) 108 to operate the conveyor belt(s) 142, 306, 308, 800, 802, 804, 806 at one or more particular speeds and/or within one or more particular ranges of speeds” ([0158]).
See at least: “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114” ([0203]).
Rationale: Babler teaches that the controller 104, via conveyor interface 1104, operates the conveyor belt(s) at particular speeds and/or within particular ranges of speeds, and increases or decreases the speed to achieve desired material deposition. A PHOSITA would recognize that such a system necessarily defines a reference or baseline speed of the conveyor from which increases or decreases are made, and that this baseline speed is part of the merger control algorithm executed by the processor.
for a baseline throw distance
See at least: “increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114” ([0203]) and “controller 104 controls the conveyor 134 via the conveyor actuator(s) 108 to form the fourth windrow 124 … by particularly depositing the material 114 on the ground surface 116 relative to one or more completed windrows 168” ([0052]).
Rationale: Babler describes controlling belt speed so that the material 114 is deposited at a desired or final location on the ground relative to completed windrows 168. A PHOSITA would understand that this corresponds to a throw distance determined by conveyor speed and geometry. Defining a baseline conveyor speed and a baseline throw distance (e.g., a nominal distance at which material is deposited when operating at the default speed) is straightforward and predictable, and it follows the same control logic described in Babler.
and a baseline crop mass flow rate.
See at least: “the sensor(s) 150 are configured to provide signals representative of operating parameters associated with the merger 102 and/or the material 114” ([0048]) and “the sensor data 1126 … includes one or more parameters associated with the material 114 such as, for example, any of a shape, a size or volume, a density, a moisture content…” ([0166]).
Rationale: Babler teaches that sensor(s) 150 and sensor data 1126 provide parameters of material 114, including size or volume and density, which are standard inputs from which mass flow rate can be derived (mass per unit time) in a conveyor system. A PHOSITA would understand that the merger control algorithm can use these parameters to characterize a baseline crop mass flow rate (a nominal throughput condition) corresponding to the baseline operating point. Thus, in combination, Babler makes it obvious for the processor to define a baseline speed of the conveyor for a baseline throw distance and a baseline crop mass flow rate as part of the control strategy.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to implement Babler’s merger control system in Nafziger’s windrower such that the processor is operable to execute the merger control algorithm to define a baseline speed of the conveyor for a baseline throw distance and a baseline crop mass flow rate. Nafziger provides the self-propelled windrower with header and merger attachment operating in belly-pass and merger-pass patterns, where consistent windrow placement is important. Babler provides a processor-based control system that uses sensor data representing material parameters and operates the conveyor belt(s) at specific speeds or within speed ranges to achieve desired deposition locations. For a PHOSITA, defining a baseline speed, baseline throw distance, and baseline crop mass flow rate as the nominal operating point of this control system is a routine, predictable engineering practice that facilitates subsequent adjustments for varying field and crop conditions, improving the stability and consistency of windrow formation.
Regarding Claim 7,
The combination of Nafziger and Babler establishes the windrower implement of Claim 6, which is the basis for Claim 7.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to define the desired speed to be greater than the baseline speed
when the desired throw distance is greater than the baseline throw distance.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to define the desired speed to be greater than the baseline speed
See at least: “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114.” ([0203]); and “the conveyor interface 1104 directs the conveyor actuator(s) 108 to operate the conveyor belt(s) 142, 306, 308, 800, 802, 804, 806 at one or more particular speeds and/or within one or more particular ranges of speeds.” ([0158])
Rationale: In Claim 6, the baseline speed of the conveyor is defined for a baseline operating condition. Babler further explains that the system increases or decreases belt speed to reach a desired or final location. A PHOSITA would understand that, when moving from a baseline condition to a new desired throw distance, the desired speed is chosen relative to that baseline. In particular, to increase the throw (i.e., project material farther), the system must increase belt speed above the baseline speed, thereby defining the desired speed to be greater than the baseline speed.
when the desired throw distance is greater than the baseline throw distance.
See at least: the same control behavior in which “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114.” ([0203]); and “controller 104 controls the conveyor 134 via the conveyor actuator(s) 108 to form the fourth windrow 124 … by particularly depositing the material 114 on the ground surface 116 relative to one or more completed windrows 168.” ([0052])
Rationale: Babler describes selecting and adjusting belt speed specifically to change where material lands relative to completed windrows, i.e., to change the location (effective throw distance) of deposition. Given the baseline condition of Claim 6 (with a baseline throw distance), a PHOSITA would recognize that when a desired throw distance is greater than the baseline throw distance, the physical relationship between projectile range and conveyor speed requires a higher belt speed. Thus, the processor executing the merger control algorithm logically defines the desired speed to be greater than the baseline speed when the desired throw distance is greater than the baseline throw distance in order to achieve the further deposition location.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to incorporate Babler’s speed-adjustment logic into Nafziger’s windrower such that, once a baseline speed of the conveyor and corresponding baseline throw distance are established, the merger control algorithm increases belt speed whenever a further windrow placement is desired. Both references address conveyor-based forage handling and windrow positioning; using higher belt speed to obtain a greater throw distance is a straightforward, predictable application of Babler’s disclosed “increases or decreases the speed … to vary the deposition” behavior in the belly-pass/merger-pass context, resulting in obvious and expected improvements in control of windrow placement.
Regarding Claim 8,
The combination of Nafziger and Babler establishes the windrower implement of Claim 6, which is the basis for Claim 8.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to define the desired speed
to be less than the baseline speed
when the desired throw distance is less than the baseline throw distance.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to define the desired speed
See at least: “the conveyor interface 1104 directs the conveyor actuator(s) 108 to operate the conveyor belt(s) 142, 306, 308, 800, 802, 804, 806 at one or more particular speeds and/or within one or more particular ranges of speeds.” ([0158])
Rationale: By directing the conveyor belt(s) to operate at particular speeds and within ranges of speeds, the merger control algorithm specifies a desired speed for the conveyor under given conditions.
to be less than the baseline speed
See at least: “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114.” ([0203])
Rationale: In view of Claim 6, a baseline speed of the conveyor is defined for a baseline operating point. Babler further states that the system decreases the speed of the first belt 306 to change material deposition. A PHOSITA would understand that when the system decreases belt speed from the previously established baseline operating point, the desired speed is thereby less than the baseline speed as part of the merger control algorithm.
when the desired throw distance is less than the baseline throw distance.
See at least: “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114.” ([0203]); and “controller 104 controls the conveyor 134 via the conveyor actuator(s) 108 to form the fourth windrow 124 … by particularly depositing the material 114 on the ground surface 116 relative to one or more completed windrows 168.” ([0052])
Rationale: Babler explains that changing belt speed varies the deposition location of material relative to completed windrows. Given the baseline condition of Claim 6 (with a baseline throw distance), a PHOSITA would recognize that achieving a desired throw distance that is less than the baseline throw distance requires reducing belt speed. Physically, shorter projection distance corresponds to a lower belt speed, so the algorithm defines the desired speed to be less than the baseline speed when the desired throw distance is less than the baseline throw distance.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to incorporate Babler’s speed-adjustment control into Nafziger’s windrower such that, after establishing a baseline speed of the conveyor, baseline throw distance, and baseline crop mass flow rate, the merger control algorithm reduces belt speed whenever a closer windrow placement is desired. Both references address conveyor-based forage handling and windrow positioning; using a lower belt speed to obtain a shorter throw distance is a straightforward and predictable application of Babler’s “increases or decreases the speed … to vary the deposition” behavior in the belly-pass / merger-pass context, yielding obvious and expected improvements in fine control of windrow placement.
Regarding Claim 9,
The combination of Nafziger and Babler establishes the windrower implement of Claim 6, which is the basis for Claim 9.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to define the desired speed
to be greater than the baseline speed
when a current mass flow rate of the crop material being moved by the conveyor is greater than the baseline crop volume.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to define the desired speed
See at least: “the conveyor interface 1104 directs the conveyor actuator(s) 108 to operate the conveyor belt(s) 142, 306, 308, 800, 802, 804, 806 at one or more particular speeds and/or within one or more particular ranges of speeds.” ([0158])
Rationale: Directing the belts to particular speeds corresponds to the algorithm defining the desired speed.
to be greater than the baseline speed
See at least: “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114.” ([0203])
Rationale: When the system increases belt speed from the baseline condition of Claim 6, the desired speed is greater than the baseline speed.
when a current mass flow rate of the crop material being moved by the conveyor is greater than the baseline crop volume.
See at least: “detecting parameter(s) associated with the material 114 via the sensor(s) 150 … including a size or volume, a density …” ([0166], [0185]); and “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114.” ([0203])
Rationale: Volume and density measurements during conveying allow a PHOSITA to derive a current mass flow rate and compare it to a baseline condition (baseline crop quantity). When the current mass flow rate exceeds that baseline, increasing belt speed to maintain placement corresponds to defining the desired speed to be higher in response to higher flow, i.e., when a current mass flow rate … is greater than the baseline crop volume.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to use Babler’s sensor-based, speed-adjustment control in Nafziger’s windrower so that conveyor speed automatically increases when more crop is delivered. Both address conveyor-based windrow formation and adjusting the speed upward when the current mass flow rate exceeds a baseline to maintain a consistent windrow, making this a straightforward, predictable control strategy.
Regarding Claim 10,
The combination of Nafziger and Babler establishes the windrower implement of Claim 6, which is the basis for Claim 10.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
wherein the processor is operable to execute the merger control algorithm
to define the desired speed
to be less than the baseline speed
when a current mass flow rate of the crop material being moved by the conveyor is less than the baseline crop mass flow rate.
Disclosure by Babler
Babler discloses:
wherein the processor is operable to execute the merger control algorithm
See at least: "The program may be embodied in software stored on a tangible machine-readable storage medium such as a CD-ROM, a floppy disk, a hard drive, or a memory associated with the processor 1702, but the entire program and/or parts thereof could be alternatively executed by a different device and/or embodied in firmware or dedicated hardware" ([0178])
Rationale: Babler's processor is operable to execute the merger control algorithm.
to define the desired speed
See at least: “the conveyor interface 1104 directs the conveyor actuator(s) 108 to operate the conveyor belt(s) 142, 306, 308, 800, 802, 804, 806 at one or more particular speeds and/or within one or more particular ranges of speeds.” ([0158])
Rationale: Commanding the belts to particular speeds corresponds to the algorithm defining the desired speed of the conveyor.
to be less than the baseline speed
See at least: “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114, which achieves a desired or final location of the material 114.” ([0203])
Rationale: Relative to the baseline speed of Claim 6, when the system decreases belt speed, the desired speed is less than the baseline speed.
when a current mass flow rate of the crop material being moved by the conveyor is less than the baseline crop mass flow rate.
See at least: “detecting parameter(s) associated with the material during operation of the merger via sensor(s)” ([0185]) including “a size or volume, a density …” ([0166]); and “the merger control system 1100 … increases or decreases the speed of the first belt 306 to vary the deposition of the material 114.” ([0203])
Rationale: Volume and density measurements during conveying allow a PHOSITA to derive a current mass flow rate and compare it to the baseline crop mass flow rate from Claim 6. When the current mass flow rate … is less than the baseline crop mass flow rate, reducing belt speed to keep a uniform, non-sparse windrow corresponds to defining the desired speed lower than the baseline.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to use Babler’s sensor-based speed-adjustment control in Nafziger’s windrower so that conveyor speed is reduced when less crop is being conveyed. Both references address conveyor-based windrow formation; lowering speed when current mass flow rate drops below a baseline crop mass flow rate to maintain windrow quality is a straightforward, predictable control choice.
Regarding Claim 11,
The combination of Nafziger and Babler establishes the windrower implement of Claim 1, which is the basis for Claim 11.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
further comprising a flow sensor
operable to detect data
related to a mass flow rate
of the crop material currently being moved by the conveyor.
Disclosure by Babler
Babler discloses:
further comprising a flow sensor
See at least: “sensor(s) 150 are configured to generate sensor data associated with the material 114 during merger operation …” ([0048])
Rationale: Babler’s sensor(s) 150 are additional components on the merger system that sense material on the merger, corresponding to further comprising a flow sensor.
operable to detect data
See at least: “sensor(s) 150 are configured to generate sensor data associated with the material 114 during merger operation …” ([0048])
Rationale: Generating sensor data shows the sensor is operable to detect data.
related to a mass flow rate
See at least: “…sensor data…indicative of one or more parameters associated …a size or volume, a density…” ([0166])
Rationale: Measured volume and density are standard inputs from which a PHOSITA derives mass flow rate, so the detected parameters are data related to a mass flow rate.
of the crop material currently being moved by the conveyor.
See at least: “the controller 104 is configured to control, via the conveyor actuator(s) 108, the belt(s) 306, 308, 800, 802, 804, 806 such that a conveyor speed associated with the conveyor 134 varies…in which the material 114 is being discharged or conveyed by the conveyor 134” ([0102])
Rationale: The sensors measure parameters of material 114 while it is on the operating conveyor, corresponding to data for the crop material currently being moved by the conveyor.
Motivation to Combine Nafziger and Babler
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having Nafziger and Babler before them, to add Babler’s sensor(s) to Nafziger’s windrower so the system can monitor crop flow on the conveyor. Both references concern conveyor-based crop merging; incorporating sensors that detect parameters related to mass flow rate into Nafziger’s machine is a straightforward, predictable enhancement that improves control of windrow formation.
Regarding Claim 12,
The combination of Nafziger and Babler establishes the windrower implement of Claim 1, which is the basis for Claim 12.
Disclosure by Nafziger
Nafziger does not explicitly disclose:
further comprising a location sensor
operable to de