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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/23/2026 has been entered.
Status of Claims
This office action is in response to application number 18/358,401 filed on 4/23/2026 in which
Claims 1-21 are presented for examination. Applicant amends Claims 1, 4-7, 10-11, 15, and 18-20 and cancels Claims 13 and 17.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/04/2023, information disclosure statement (IDS) submitted on 01/24/2024, and information disclosure statement (IDS) submitted on 05/30/2024 have been received and considered by the examiner.
Response to Arguments
Applicant’s arguments, see pgs. , filed 4/23, with respect to the objections to the drawings have been fully considered and are persuasive. Therefore, the objections to the of 3/5/2026 have been withdrawn.
Applicant’s amendments and arguments, see pgs. , filed 4/23, with respect to the have been fully considered but are not fully persuasive. The rejection of Claims 1-10 and 13-21 under 35 U.S.C. 112(b) set forth in the office action of 3/5/2026 have been withdrawn. The rejection of Claim of 3/5/2026 is maintained.
Applicant’s amendments and arguments, see pgs. , filed 4/23, with respect to the have been fully considered and are persuasive. Further, as discussed, in the interview of 4/21/2026, the application specification, pg. 24, para 0086, states that the memory is “computer storage media,” pg. 25, para 0091, that is included in a computer as both volatile and non-volatile media that includes hardware storage media, but does not include a data signal or carrier wave. Therefore, the rejection of Claims 15-16 and 18-21 under 35 U.S.C. 101 of 3/5/2026 has been withdrawn.
Applicant’s amendments and arguments, see pgs. , filed 4/23, with respect to the have been fully considered and are persuasive but are moot because they are directed to the amendments of Claims 1, 15, and 19. Therefore, in light of the amendments, an updated . Examiner briefly addresses the arguments below.
Applicant argues that the cited prior art Brockman does not teach or suggest “setting, during the agricultural unloading operation, a desired fill level […] based on: the comparison result,” as recited in amended Claim 1 and agreed during the interview on 4/21/2026. Therefore, in light of the amendments to Claim 1, an updated rejection is provided below.
Applicant argues that the cited prior art does not disclose a second portion in the receiving vehicle nor does the cited prior art teach or suggest “generat[ing] a desired fill level […] in a second receiving portion […] based on the comparison result,” as recited in amended Claim 15. Examiner agrees that Nykamp does not explicitly disclose generating a target fill level, in a second portion, based on the weight comparison and the fill level in the first potion. Therefore, in light of the amendments to Claim 15, an updated rejection is provided below.
However, to further address the arguments, [Nykamp, Abstract and pg. 4, para 0040] does discuss filling a container according to a fill plan with material in a first mode filled to a first target level, and an estimate of cells within a container that are below first target level, where the spout is directed to fill a second mode to a second target level greater than the first, based on a number of cells below first target level being below a threshold. In other words, if there is not enough empty, or “too low,” cells the spout continues filling the container overall. Although Nykamp discusses a fill level, [Nykamp, pgs. 5-6, para 0053] it also discusses that the control decisions can be based on weight. Further, as stated earlier, [Nykamp, pg. 5, para 0052] discusses a first target level and a second target level is for the whole receiving vehicle or group of cells of the receiving vehicle and explains that the second target level is targeted after confirming that the first target level has been reached, [Nykamp, pg. 7, para 0065], " FIG. 4C illustrates the first target level 310 and the second target level 312. In one embodiment, the first target level 310 is a height of agricultural material (e.g., in the cells or a group of cells) that is near or below the top or top container edge 181 (i.e., at approximately 100% level) of the container 85 and wherein the second target level is equal to or greater than the top or top container edge 181 of the container 85." Further, [Nykamp, pg. 12, paras 0111-0112] discusses filling voids in the container if a threshold number of adjacent cells are below the second target level and, “if the image processing module 18 or the fill level estimator 21 determines that the second threshold number of adjacent cells 308 are not below the first target level 310, then the method continues in block S207,” where [Nykamp, pg. 12, para 114], block S207 determines if the container is full using a first threshold of adjacent cells below a second target level. Finally, [Nykamp, pgs. 12-13, paras 0117-0118] more specifically discusses filling the container from front to back, where the spout moves on to the next section based on the first section reaching fill level, however, it does not explicitly discuss determining or generating a second target fill level based on the fill level of the first section.
Finally, although Brockman discusses "sections" of the transport vehicle it does not discuss detecting fill levels in each section or using sections or section data for determining a desired fill level.
Applicant argues that there is no teaching or suggestion of a communication latency or actuator latency as recited in amended Claim 19. Examiner agrees that the cited prior art, specifically Puryk, does not explicitly discuss identifying a latency as amended in Claim 19. Specifically, Puryk does not explicitly discuss a latency using a signal generation timestamp with a signal receive timestamp or an unloading control time with an unloading stopping timestamp, as amended in Claim 19. Therefore, in light of the amendments, Examiner provides an updated rejection under 35 U.S.C. 103 for Claim 19. Further details are provided below.
However, to further address the arguments, Puryk does discuss normalizing command data using time stamps where command data includes controlling the unloading and receiving vehicles and the spout, through the position, rotation, tilt, or deflection. Puryk generates command values and unloading control commands based on the fill model where the fill model includes a mass, unloading starting times, and unloading stopping times. See [Puryk, pg. 2, para 0051], which does discuss material unloading time which can be the duration, start, or stop time, "Throughout the disclosure, the fill model may be described as being based upon variables comprising material unloading times, material unloading rates and material unloading locations. A “material unloading time” (MUT) may refer to the duration and/or the timing at which material is unloaded. The timing of material unloading may be the individual starting and stop times with respect to real-world time or the time at which unloading into the container is begun. Each of such variables may be independently changed,” and [Puryk, pg. 7, paras 0095 and 0098], which does discuss using a model-based fill state for fill based variables and a fill profile, which is used to modify the material unloading time, “[0095] As indicated by block 402, unloading controller 324 may determine a model-based fill state (MBFS) using fill model 220. The MBFS comprise the predicted or estimated fill profile of the container based upon stored values for the model variables 225 over time during the filling of the container and the use of model 220 which is based upon the same model variables. […]. [0098] As indicated by block 408, in circumstances where the perception quality evaluation by perception quality evaluator 308 indicates that the reliability or accuracy of the data signal from perception system 304 is less than a predefined threshold TH, unloading controller 324 is switched to the use of or continues to use the MBFS to adjust and control or adjust the MUT, the MUR and/or MUL. Modification of the MUT may involve adjusting starting and/or stop time of unloading or adjusting the duration at which material is unloaded at a particular MUR and/or at a particular MUL.” See also [Puryk, pgs. 12-13, para 0135], which discusses normalizing "command data" by using time stamps, where "command data" is communicated to the receiving vehicle from the transferring vehicle and "command data" includes, [Puryk, pg. 10, para 0119], motion commands to the transferring vehicle for maintaining spout alignment over the target region of the container by managing speed, velocity, or heading with respect to the receiving vehicle, where command data is transferred to the receiving vehicle for observation or control purposes. Further “command data” is defined as, [Puryk, pg. 11, para 0127], "steering command data for the receiving vehicle, steering command data for the transferring vehicle, or actuator command data for rotating or otherwise manipulating any actuators (e.g. for rotation, tilt or deflection) of the spout,” where, [Puryk, pg. 13, para 0140], discusses adapting the position of the spout and generating command data for controlling the receiving vehicle, "An alignment module 24 is adapted for determining the relative position of the spout 89 and the container perimeter (81 of FIG. 15A) and for generating command data to the transferring vehicle or the propelled portion 75 of the receiving vehicle 79 to steer the storage portion 93 in cooperative alignment such that the spout 89 is aligned within a central zone or container opening 83 of the container perimeter 81.”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 (line 3) and Claim 12 (line 3) recite “volume profile.” There is insufficient explanation of what “volume profile” refers to and instead should be explicitly stated or more clearly described. For examination purposes, Claim 11 and 12 will be read as considering “volume profile” as the fill pattern, or shape of the volume or fill.
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.
Claims 1-7, 11-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nykamp et al., PG Pub US-2017/0042088-A1 (herein "Nykamp") in view of Brockman et al., PG Pub US-2024/0102254A1 (herein "Brockman") and Puryk et al., PG Pub US-2021/0195840-A1 (herein "Puryk").
Regarding Claim 1, Nykamp discloses: (Currently Amended) A method, for controlling an agricultural unloading operation at a field, the method comprising: performing the agricultural unloading operation at the field to unload material from an agricultural harvester into a receiving vehicle. See [Nykamp, FIGs. 4A-4C, and pg. 1 paras 0001-0003], which show a harvester travelling during a harvesting operation and unloading material into a receiving vehicle, “[0001] This invention relates to a method and stereo vision system for managing the unloading of agricultural material from a vehicle. […]. [0003] The system and method facilitates the transfer of agricultural material from a transferring vehicle (e.g., harvesting vehicle) to a receiving vehicle. The system and method comprises a receiving vehicle, which has a propelled portion for propelling the receiving vehicle and a storage portion or container for storing agricultural material. […]. A fill level estimator is configured to estimate a plurality of fill levels of a plurality of corresponding subdivided volumes or cells of the container, the fill levels associated with respective heights of the agricultural material in the cells. A spout identification module is adapted to identify a spout (e.g., or an associated spout position) of the harvesting vehicle in the collected image data. An alignment module is adapted to determine the relative position of the spout and the cells in the container via processing of the image data such that the spout is aligned within a target fill zone of the cells in accordance with a fill sequence or fill plan instructions […].” See also [Brockman, pg. 5, para 0049], which explains that the spout is not retracted and further, controlled continuously during a harvesting operation, “[0049] Where the system 111 of FIG. 2 is applied to a self-propelled forage harvester, the optional vehicle controller 54, the spout control system 116, or both may control or adjust spout 189 or spout end 187 in multiple dimensions, such as two or three dimensions. […]. For a forage harvester, the spout 189 (e.g., unloading auger arm) is not usually retracted and the flow of agricultural material from the spout 189 is generally continuous during harvesting.” See also [Nykamp, pgs. 1-2, para 0021], which describes a system for managing unloading material from a transferring vehicle to a receiving vehicle, “[…], FIG. 1 shows a system 11 of vehicle electronics for a transferring vehicle for managing the unloading of agricultural material from the transferring vehicle (e.g., combine) to a receiving vehicle (e.g., grain cart or wagon). FIG. 4A provides an illustrative example of a plan view of a stereo or other vision system, such as system 11 of FIG. 1, mounted on a transferring vehicle (e.g., combine) and facing a receiving vehicle.” See also [Nykamp, pg. 9, para 0085], which describes the method for managing the unloading, “FIG. 7 is a flow chart of a method for managing the unloading of agricultural material from a vehicle or between a transferring vehicle (e.g., 91 or 191) and a receiving vehicle (e.g., 79).”
Nykamp further discloses: detecting a weight of the material in the receiving vehicle. See [Nykamp, pgs. 5-6, para 0053], which explains the system can include sensors for detecting mass, weight, or volume of the material in the receiving vehicle, “In an alternate embodiment, the fill level estimator 21 is supplemented or augmented by one or more sensors (e.g., mass or optical sensors) on the receiving vehicle 79 for detecting a mass, weight or volume of agricultural material in the container 85; the imaging system 18 of the transferring vehicle 91 or the sensors of the receiving vehicle via the wireless communications devices (48, 148) may notify the operator (of the transferring vehicle 91) on the user interface 44 of the full state, fill state or full condition of the container 85.”
Nykamp further discloses: detecting a fill level of the material in the receiving vehicle; […] controlling the agricultural unloading operation based on the desired fill level. See [Nykamp, pg. 2, para 0028], which explains that when the fill level estimator detects a certain fill state, the system controls the unloading process, “If the image processing module 18, a fill level estimator 21, or another sensor determines that the container 85 or storage portion 93 has reached a target fill level […], a second target level […], or full or some percentage or fraction of capacity), the image processing module 18, vehicle controller 46, or spout control system 16 may automatically shut off the unloading auger 47. The first target level may comprise a base fill level, whereas the second target level may comprise a top-off fill level that ensures completeness and efficiency of each load of the container (85), which can facilitate the reduction in the total number of loads to transport the harvest of any given field; hence a potential, commensurate reduction in fuel costs for the receiving vehicle 79.” See also [Nykamp, pg. 3, para 0036], which explains that the fill level estimator can detect various fill states associated with a height and a volume, “[…], a fill level estimator 21 is configured to estimate a plurality of fill levels of a plurality of corresponding subdivided volumes or cells 308 of the storage portion 93 or container 85. Each fill level is associated with a respective height of the agricultural material in a corresponding cells of the storage portion 93 or container 85. […]. The image processing module 18 or fill level estimator 21 determines the three dimensional locations or vertical heights of the selected or identified pixels […] of the agricultural material or adjacent groups of pixels of the agricultural material.” See also [Nykamp, pg. 5, para 0052], which further explains that depending on the fill state, the system will realign the transferring operation or stop transferring, “If a container 85 of the receiving vehicle is full (or imminently approaching a first target level 310, a second target level 312 or another full state […]) with agricultural material (e.g., from a transferring operation), as detected by the fill level estimator 21, the fill level estimator 21 provides a data message or control message to the alignment module 24 depending upon the detected target level and current operational mode […] of the filling operation of the container 85. If the fill level estimator 21 determines that the container 85 […] has reached or satisfied the first target level 310 in the first mode […] the alignment module 24 can transition from the first mode to the second mode and reverse the direction of filling to achieve the second target level 312. However, if the fill level estimator 21 determines that the container has reached or satisfied the second target level 312 in the second mode, […] the alignment module can stop filling the container or storage portion […].” See again [Nykamp, pgs. 5-6, para 0053], which explains the system can include sensors for detecting mass, weight, or volume of the material in the receiving vehicle to determine the fill state.
Nykamp does not disclose: identifying a desired weight value corresponding to the receiving vehicle; generating a comparison result that represents a comparison of setting, during the agricultural unloading operation, a desired fill level of the material in the receiving vehicle based on: the comparison result that represents the comparison of the desired weight value to the weight of the material in the receiving vehicle, and the fill level.
However, Brockman teaches: identifying a desired weight value corresponding to the receiving vehicle; generating a comparison result that represents a comparison of setting, […], a desired fill level of the material in the receiving vehicle based on: the comparison result that represents the comparison of the desired weight value to the weight of the material in the receiving vehicle, and the fill level. See [Brockman, pgs. 3-4, para 0030], which explains that the controller can determine fill level based on the weight and compare the value to a weight limit or target fill level, “Controller 44 can be configured to determine the fill level Σ of transport vehicle 20A based on the mass flow rate […], volume flow rate […], and/or the total weight W or volume V of the milled material in conjunction with known features of transport vehicle 20A (e.g., geometry, volumetric capacity, shape, tare weight, weight limit, etc.). Using this information and the signals from one or more of sensors 60a-60c, controller 44 can be configured to determine the remaining time […] until transport vehicle 20A is full (i.e., reaches a threshold, reaches a desired fill level, etc.). For example, controller 44 can compare the mass flow rate […], volume flow rate […], total weight W, and/or fill level Σ to a weight limit, volumetric capacity, and/or target fill level of transport vehicle 20A over a period of conveying time, and determine how much time remains until transport vehicle 20A will become full. […].” See also [Brockman, pgs. 6-7, para 0053], which further explains that the controller can receive inputs from the transport vehicle via a communication device, including a vehicle ID and an associated profile or access this information in the controller memory, “Controller 44 can be configured to receive inputs and other information from transport vehicle 20A via communication device 66. Such inputs can include for example, the vehicle ID and/or the associated profile of transport vehicle 20A. In one embodiment, controller 44 can directly receive each piece of information in the associated profile of transport vehicle 20A via communication device 66. Such information can include, for example, a predetermined volumetric capacity, geometric dimensions (e.g., length, width, height, etc.), shape or image, tare weight, weight limit WL, desired payload (e.g., target fill level, target weight, target volume, desired material, etc.), current fill level, and/or other parameters. Controller 44 can additionally include memory, […], in which can be stored a database of information relating to transport vehicle IDs, transport vehicle types, weight limits for such vehicles, hauling or volumetric capacity for such vehicles, and the like. In other embodiments, controller 44 can store the associated profile of any number of receptacles, […], and reference them by ID so that only the ID and/or new information needs to be communicated via device 66 during the milling operation. Profile information can be periodically updated by connecting controller 44 to a server, a data bank, or a receptacle controller via communication device 66.” Finally see [Brockman, pg. 7, para 0057], which explains that the controller can control the operations of the planer and transport vehicle based on the fill level and weight, “Controller 44 can be configured to automatically control some aspects of cold planer 10 and the milling process, as well as transport vehicles 20A and 20B. For example, controller 44 can be configured to automatically control operations of cold planer 10 based on the fill level Σ and/or total weight […] of transport vehicle 20A. That is, controller 44 can monitor the fill level Σ and total weight […] of transport vehicle 20A, and automatically slow or stop the movement of traction devices 24, milling drum 26, and/or second conveyor 48 as the fill level Σ approaches a threshold […] or becomes full […] or when the total weight […] reaches a threshold (e.g., a desired, legal, or other weight limit […]). It is understood that other thresholds can be used, if desired.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Brockman to compare a desired and a measured weight value, detect a fill level, and use the comparison and fill level for generating a desired fill for controlling unloading. Doing so ensures that the system stops unloading before exceeding the capacity of the vehicle, including to ensure the weight does not exceed a legal limit [Brockman, pg. 7, para 0057] and allow for coordination of next steps, such as exchanging receiving vehicles [Brockman, pg. 7, para 0058].
However, Puryk teaches: […] setting, during the agricultural unloading operation, a desired fill level of the material in the receiving vehicle […]. See [Puryk, Abstract], which explains using a dynamic fill model to determine fill characteristics, “The unloading controller is to (a) determine a current model-based fill characteristic of the container using the dynamic fill model and (b) output control signals to adjust at least one of a material unloading time, a material unloading rate and a material unloading location based upon the current model-based fill characteristic of the container,” where [Puryk, pg. 3, para 0061], the fill model is adjusted based on perception data and used to estimate a fill state, characteristics, or adjust ongoing unloading parameters, “In some implementations, the fill model is dynamically adjusted or updated using the perception data acquired by the perception system. […]. As a result, the fill model may be updated so as be more accurate for when the fill model is used in place of the perception system to estimate the current fill state or characteristic of the container and/or to adjust ongoing unloading parameters such as MUR and MUL.” See also [Puryk, pg. 4, paras 0063-0068], which describe the dynamic fill model, which includes identifying, estimating, predicting, etc., fill characteristics such as fill profile or target fill profile, “[0064] Fill model 220 comprises a system model of a fill profile for a material filling a container of a transport vehicle. The model estimates or predicts what regions of the interior of the container will be filled with material for a given set of values for various fill variables. Fill model 220 may estimate or predict what regions of the interior the container will be filled with material at a given point in time based upon a given set of values for the various fill variables. […]. [0065] Fill model 220 may be used to estimate or predict what regions of the interior of the container are filled with material for a given set of historical values for various fill variables. Likewise, fill model 220 may be used to estimate or predict what regions of the interior of the container will be filled with material in the future for various possible values for the fill variables, given the current fill state of the container. In such circumstances, fill model 220 may be used to select values for the variables to achieve a desired or target fill profile for the container. For example, a target or fill profile may be a profile that maximizes use of the storage capacity of the container while reduces likelihood of spillage of the material during filling or subsequent transport. […]. [0067] In some implementations, fill model 220 may be based upon other variables provided by multiple data streams. For example, data streams from the transport vehicle, such as a tractor and pulled cart and data streams from the gathering/harvesting vehicle may be utilized to form the fill model. Examples of data streams from the transport vehicle include, but not limited to, position data, velocity and heading data, engine load data (to estimate the cart fill level prior to and unload cycle), tractor ID, and connected cart dimensions (at initial setup) may serve to form fill model 220 and to use the fill model 220. Data streams from the gathering/harvesting vehicle, such as the combine harvester) include, are not limited to composition data, velocity and heading data, grain tank fill level, unloading auger status (on/off), material type (such as grain type), material moisture level and a container cart fill perception system correction factor. [0068] In some implementations, the system model or fill model 220 may be generated using various data values for various unloading parameters that are gathered as grain harvested by a harvesting and unloaded into a grain cart being pulled alongside the harvester by tractor.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Puryk to set the desired fill level during operation. Doing so allows for continuous operation without requiring stopping or leaving the harvesting site as material is harvested and unloaded [Puryk, pg. 1, para 0002] and adapt to changes in the material being unloaded, the state of the receiving vehicle, or a fill state [Puryk, pg. 2, para 0046].
Regarding Claim 2, Nykamp as modified discloses the limitations of Claim 1.
Nykamp further discloses: (Previously Presented) […] wherein detecting the fill level of the material in the receiving vehicle comprises: detecting the fill level of the material in a first portion in the receiving vehicle, of a plurality of portions in the receiving vehicle. See [Nykamp, pg. 1, para 0003], which explains that the system and method for the transferring operation includes collecting image data for the fill level estimator to identify subdivided volumes of fill level, or heights, and align the spout to a target fill zone according to a fill sequence or plan, “The system and method facilitates the transfer of agricultural material from a transferring vehicle […] to a receiving vehicle. […]. A stereo imaging device faces towards the storage portion of the vehicle. The imaging device can collect image data. A fill level estimator is configured to estimate a plurality of fill levels of a plurality of corresponding subdivided volumes or cells of the container, the fill levels associated with respective heights of the agricultural material in the cells. […]. An alignment module is adapted to determine the relative position of the spout and the cells in the container via processing of the image data such that the spout is aligned within a target fill zone of the cells in accordance with a fill sequence or fill plan instructions in which (a) first, the alignment module is adapted to direct the spout to fill the container with the material in a first mode to a first target level that is less than a peak height of the container; (b) second, the fill level estimator is adapted to estimate the number of cells that are below the first target level after directing the spout to fill in the first mode; and (c) third, the alignment module is adapted to direct the spout to fill the container in a second mode to a second target level that is greater than the first target level if less than (or no more than) a threshold number of cells are below the first target level, where the second mode is generally opposite in direction of the relative spout-container movement of the first mode.” See also [Nykamp, pg. 2, para 0022], which further explains that the imaging system includes at least one camera for detecting the profile, distribution, or level of the material within a volume of the receiving container, “For example, the first imaging device 10 or the second imaging device 12 is mounted at sufficiently high elevation above ground level to have some visibility into the container 85 (e.g., grain cart), or sufficient visibility of the interior of the container 85 and its contents, to determine a profile, distribution or level of agricultural material (e.g., grain) within a volume or portion (e.g., cell) of the volume defined by the container 85.” See also [Nykamp, pg. 2 para 0028], which further explains that the image processing module, fill level estimator, and sensor can determine that a first and second target fill level and if the fill level has been reached, “If the image processing module 18, a fill level estimator 21, or another sensor determines that the container 85 or storage portion 93 has reached a target fill level (e.g., a first target level (e.g., 310 in FIG. 4C), a second target level (e.g. 312 in FIG. 4C), or full or some percentage or fraction of capacity), the image processing module 18, vehicle controller 46, or spout control system 16 may automatically shut off the unloading auger 47. The first target level may comprise a base fill level, whereas the second target level may comprise a top-off fill level that ensures completeness and efficiency of each load of the container (85), which can facilitate the reduction in the total number of loads to transport the harvest of any given field; hence a potential, commensurate reduction in fuel costs for the receiving vehicle 79.” Finally see [Nykamp, pg. 3, paras 0034 and 0036], which explain that a target fill zone of the container is identified by using the subdivided cells and the fill level estimator can perform operations, including estimating the fill level, for each subdivided cell or volume, “[0034] If the linear orientation of a set of pixels in the collected image data conforms to one or more edges 181 of the perimeter (81 in FIG. 4A) of the container (85 in FIG. 4A) as prescribed by the container reference data, the position of the container has been identified. A target fill zone of the container opening 83 of the container 85 can be identified by dividing the distance (e.g., shortest distance or surface normal distance) between opposite sides of the container into a number of cells 308 of substantially equal volumes, substantially equal dimensions, or columnar rectangular cells of equal length and width (e.g., but with a height that is different from the length and width), among other possibilities. […]. [0036] In one embodiment, a fill level estimator 21 is configured to estimate a plurality of fill levels of a plurality of corresponding subdivided volumes or cells 308 of the storage portion 93 or container 85. Each fill level is associated with a respective height of the agricultural material in a corresponding cells of the storage portion 93 or container 85. The fill level estimator 21 may use color discrimination, intensity discrimination, or texture discrimination to identify background pixels (e.g., container, ground, or sky pixels) from one or more selected pixels of agricultural material with associated pixel patterns or attributes (e.g., color or color patterns (e.g., Red Green Blue (RGB) pixel values), pixel intensity patterns, texture patterns, luminosity, brightness, hue, or reflectivity. The image processing module 18 or fill level estimator 21 determines the three dimensional locations or vertical heights of the selected or identified pixels (e.g., identified by color discrimination, intensity discrimination, or texture discrimination) of the agricultural material or adjacent groups of pixels of the agricultural material. Further, the image processing module 18 or fill level estimator 21 may assign cells or cell identifiers to groups of adjacent pixels within the container or storage portion based on the two or three dimensional locations or coordinates of the pixels, or relative locations of the pixels within the container 93 or storage portion 85.”
Regarding Claim 3, Nykamp as modified discloses the limitations of Claim 2.
Nykamp further discloses: (Previously Presented) […] wherein generating the desired fill level of the material in the receiving vehicle comprises: generating the desired fill level of the material in a second portion in the receiving vehicle, of a plurality of portions in the receiving vehicle. See again [Nykamp, pg. 1, para 0003], which explains that the system and method for the transferring operation includes collecting image data for the fill level estimator to identify subdivided volumes of fill level, or heights, and align the spout to a target fill zone according to a fill sequence or plan. Also see again [Nykamp, pg. 2, para 0022], which further explains that the imaging system includes at least one camera for detecting the profile, distribution, or level of the material within a volume of the receiving container and [Nykamp, pg. 2 para 0028], which further explains that the image processing module, fill level estimator, and sensor can determine that a first and second target fill level and if the fill level has been reached. Finally see again [Nykamp, pg. 3, paras 0034 and 0036], which explain that a target fill zone of the container is identified by using the subdivided cells and the fill level estimator can perform operations, including estimating the fill level, for each subdivided cell or volume.
Regarding Claim 4, Nykamp as modified discloses the limitations of Claim 3.
Nykamp further discloses: (Currently Amended) […], wherein controlling the agricultural unloading operation comprises: controlling the agricultural unloading operation to unload the material according to a fill pattern based on the desired fill level. See again [Nykamp, pg. 1, para 0003], which explains that the system and method for the transferring operation includes collecting image data for the fill level estimator to identify subdivided volumes of fill level, or heights, and align the spout to a target fill zone according to a fill sequence or plan. Also see again [Nykamp, pg. 2, para 0022], which further explains that the imaging system includes at least one camera for detecting the profile, distribution, or level of the material within a volume of the receiving container.
Regarding Claim 5, Nykamp as modified discloses the limitations of Claim 1.
Nykamp further discloses: (Currently Amended) […], wherein controlling the agricultural unloading operation comprises: controlling a material conveyance subsystem of the agricultural harvester. See [Nykamp, FIG. 4A and pg. 2, paras 0025-0028], which explains that unloading is controlled in part by controlling the movement of a spout or rotation of an auger, “[0025] Where the system 11 of FIG. 1 is applied to a combine or a harvester, the spout 89 may be controlled in one or more dimensions (e.g., of rotation or movement). In one configuration, the spout control system 16 (of the harvester or combine) controls a rotation angle of the spout 89 in a generally horizontal plane or about a generally vertical axis. In another configuration, the spout control system 16 or spout controller may control one or more of the following angles: (1) rotation angle 98 of the spout 89 in a generally horizontal plane, (2) tilt angle of the spout 89 in a relatively vertical plane, and (3) flap angle (e.g., discharge member angle), where the rotation angle, tilt angle and flap angle are associated with different axes (e.g., mutually orthogonal axes). In practice, the discharge member and the associated adjustable discharge member angle or adjustable flap angle is typically associated with a forage harvester spout or chute, but not a combine spout. In one configuration, by controlling the rotation angle 98, the spout control system 16 or vehicle controller 46 may automatically extend or retract the spout 89 (e.g., unloading auger arm) when appropriate (e.g., when unloading of the agricultural material is complete). [0026] The vehicle controller 46 controls the rotation of the auger 47 for transfer or movement of the agricultural material from the transferring vehicle 91 to the receiving vehicle 79. The vehicle controller 46 can provide a data message that indicates when the auger 47 for unloading agricultural material from the transferring vehicle is activate and inactive. The auger 47 may comprise an auger, an electric motor for driving the auger, and a rotation sensor for sensing rotation of the auger or its associated shaft. In one embodiment, the auger 47 is associated with a container 85 for storing agricultural material (e.g., a grain tank) of a transferring vehicle 91 (e.g., a combine). [0027] If the vehicle controller 46 indicates that the auger 47 of the transferring vehicle is rotating or active, the imaging processing module 18 activates the spout identification module 22 and container identification module 20. Thus, the vehicle controller 46 may conserve data processing resources or energy consumption by placing the container identification module 20 and the spout identification module 22 in an inactive state (or standby mode) while the transferring vehicle is harvesting, but not unloading, the agricultural material to the receiving vehicle. [0028] If the image processing module 18, a fill level estimator 21, or another sensor determines that the container 85 or storage portion 93 has reached a target fill level (e.g., a first target level (e.g., 310 in FIG. 4C), a second target level (e.g. 312 in FIG. 4C), or full or some percentage or fraction of capacity), the image processing module 18, vehicle controller 46, or spout control system 16 may automatically shut off the unloading auger 47. The first target level may comprise a base fill level, whereas the second target level may comprise a top-off fill level that ensures completeness and efficiency of each load of the container (85), which can facilitate the reduction in the total number of loads to transport the harvest of any given field; hence a potential, commensurate reduction in fuel costs for the receiving vehicle 79.”
Regarding Claim 6, Nykamp as modified discloses the limitations of Claim 1.
Nykamp further discloses: (Currently Amended) […], wherein controlling the agricultural unloading operation comprises one of: controlling […] a material conveyance subsystem of the agricultural harvester […]; or controlling […] operation of an auger of the agricultural harvester […]. See again [Nykamp, FIG. 4A and pg. 2, paras 0025-0028], which explains that unloading is controlled in part by controlling the movement of a spout or rotation of an auger.
Nykamp does not explicitly disclose: controlling repositioning of a material conveyance subsystem […] relative to the receiving vehicle based on the desired fill level; or controlling a stoppage operation of an auger […] based on the desired fill level.
However, Brockman teaches: controlling repositioning of a material conveyance subsystem […] relative to the receiving vehicle based on the desired fill level; or controlling a stoppage operation of an auger […] based on the desired fill level. See [Brockman, pg. 3, para 0026], which explains that the conveyor system can be pivoted and raised or lowered, “Referring again to FIG. 2, conveyor system 46 can include first conveyor 47 adjacent milling drum 26 that is configured to transfer milled material to second conveyor 48. Conveyor 48 can be pivotally attached to frame 22 so that the height at which milled material leaves conveyor 48 can be adjusted. That is, a pivotal orientation of conveyor 48 in the vertical direction can be adjusted to raise and lower conveyor 48. Conveyor 48 can also be pivotally attached to frame 22 so that the lateral location at which milled material leaves conveyor 48 can be adjusted. That is, a pivotal orientation of conveyor 48 in the horizontal direction can be adjusted to move conveyor 48 from side to side.” See also [Brockman, pgs. 3-4, paras 0029-0030], which explain that the control system includes speed sensors and material measurement sensors which can be used by the controller, along with the weight and fill level data, to control the operation of the planer. Further, it explains that this information can be received from an offboard controller and a communication device, “[0029] Elements of control system 56 can include […], belt speed sensor 58A, ground speed sensor 58B, […], one or more material measurement sensors 60a, 60b and 60c (“sensors”), […], communication device 66, and controller 44 electronically connected with each of the other elements. Elements of control system 56 can be configured to generate signals indicative of operating parameters associated with cold planer 10 that can be used by controller 44 for further processing. Information, including the mass flow rate […], volume flow rate […], total weight W, total volume V, fill level Σ, and remaining time […] can be shown to the operator of cold planer 10 via display 38 and used by the operator and/or controller 44 to regulate operating parameters of cold planer 10 (e.g., travel speed, drum rotational speed, milling depth, milling rate, etc.) […]. This information and/or other data can be sent off-board cold planer 10 via communication device 66 […]. [0030] Controller 44 can be configured to determine the fill level Σ of transport vehicle 20A based on the mass flow rate […], volume flow rate […], and/or the total weight W or volume V of the milled material in conjunction with known features of transport vehicle 20A (e.g., geometry, volumetric capacity, shape, tare weight, weight limit, etc.). Using this information and the signals from one or more of sensors 60a-60c, controller 44 can be configured to determine the remaining time […] until transport vehicle 20A is full (i.e., reaches a threshold, reaches a desired fill level, etc.). For example, controller 44 can compare the mass flow rate […], volume flow rate […], total weight W, and/or fill level Σ to a weight limit, volumetric capacity, and/or target fill level of transport vehicle 20A over a period of conveying time, and determine how much time remains until transport vehicle 20A will become full.” See also [Brockman, pg. 8, 0062], which further explains that the controller can position the conveyor to ensure the correct material distribution, “To achieve and maintain proper positioning of conveyor 48 with respect to transport vehicle 20A, controller 44 can generate commands to adjust the position of conveyor 48 with respect to transport vehicle 20A based on the signals from sensor 69, locating device 62, position sensor 69, and/or the input received from transport vehicle 20A. For example, while controller 44 is determining the fill level Σ of transport vehicle 20A based on the signal from sensor 69, controller 44 can also determine the distance between conveyor 48 and transport vehicle 20A based on the signals from position sensor 69 and/or one or more of locating devices 62 and 75. Controller 44 can coordinate the signals from sensor 69 with the determined distance and known dimensions of transport vehicle 20A (e.g., received as input from transport vehicle 20A) in order to track the distribution of material within bed 15 over a period of conveying time. The material distribution can include a front-to-back distribution as well as a side-to-side distribution within bed 15.” Finally see [Brockman, pg. 7, para 0057], which explains that the controller controls the planer and milling process including stopping the milling drum and conveyor based on the comparison of the fill level or weight and the appropriate threshold, “Controller 44 can be configured to automatically control some aspects of cold planer 10 and the milling process, as well as transport vehicles 20A and 20B. For example, controller 44 can be configured to automatically control operations of cold planer 10 based on the fill level Σ and/or total weight […] of transport vehicle 20A. That is, controller 44 can monitor the fill level Σ and total weight […] of transport vehicle 20A, and automatically slow or stop the movement of traction devices 24, milling drum 26, and/or second conveyor 48 as the fill level Σ approaches a threshold (e.g., 90% filled) or becomes full (e.g., 100% filled) or when the total weight […] reaches a threshold (e.g., a desired, legal, or other weight limit […]).”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Brockman to reposition the conveyor or stop conveying material based on the desired fill. Doing so allows the system to prevent improper loading of the transport vehicle and minimize spillage [Brockman, pg. 8, para 0061] by evenly spreading the material [Brockman, pg. 8, para 0063]. Further, doing so ensures that the system stops unloading before exceeding the capacity of the vehicle, including to ensure the weight does not exceed a legal limit [Brockman, pg. 7, para 0057] and allow for coordination of next steps, such as exchanging receiving vehicles [Brockman, pg. 7, para 0058].
Regarding Claim 7, Nykamp as modified discloses the limitations of Claim 1.
Nykamp further discloses: (Currently Amended) […] wherein controlling the agricultural unloading operation comprises one of: controlling a travel speed of the agricultural harvester based on the desired fill level; or controlling a travel speed of the receiving vehicle based on the desired fill level. See [Nykamp, pgs. 3-4, para 0037], which explains that a relative vehicle alignment module positions the transferring vehicle and receiving vehicle by commanding the propulsion system, including the speed or velocity, “In one embodiment, the alignment module 24 may comprise: (1) a relative vehicle alignment module for positional alignment between the transferring vehicle (91 or 191) and the receiving vehicle 79 (or its container 85), or (2) a spout-to-container alignment module, or both. The relative vehicle alignment module or alignment module 24 estimates motion commands at regular intervals to maintain alignment of the spout (89, 189) over a target fill zone (e.g., a target fill zone, target cells, or partially full or empty cells) of the container 85 for unloading agricultural material. The relative vehicle alignment module or alignment module 24 may send data or commands wirelessly from the transferring vehicle (91 or 191) with respect to its speed, velocity, acceleration or heading (or its relative speed, velocity, acceleration, or heading to the receiving vehicle 79) to electronics (e.g., in FIG. 3) of the receiving vehicle (79) maintain alignment of the position of the transferring vehicle (91, 191) with respect to the receiving vehicle. For example, the relative vehicle alignment module or alignment module 24 may transmit a steering command or heading command to the steering controller 32, a braking or deceleration command to a braking system 34, and a propulsion, acceleration or torque command to a propulsion controller 40 of the transferring vehicle (91, 191). Further, similar command data may be transmitted via the wireless communication devices (48, 148) to the receiving vehicle for observational purposes or control of the receiving vehicle via its steering system controller 32, its braking controller 36, and its propulsion controller 40 of the system 211 of FIG. 3. In one configuration, the relative vehicle alignment module or alignment module 24 transmits a steering command or heading command to the steering controller 32, a braking or deceleration command to a braking system 34, and a propulsion, acceleration or torque command to a propulsion controller 40 to maintain a generally uniform spatial separation or distance between a first imaging device 10 (e.g., on the propulsion portion of the receiving vehicle or on the transferring vehicle) and the spout end 87 of the spout 89.”
Regarding Claim 11, Nykamp as modified discloses the limitations of Claim 1.
Nykamp does not explicitly disclose: (Currently Amended) […] wherein controlling the agricultural unloading operation comprises accessing volume data, indicative of a volume profile, corresponding to the receiving vehicle; accessing density information indicative of a density of the material; setting the desired fill level based on the volume data and the density information; and controlling the agricultural unloading operation based on the desired fill level. However [Nykamp, pg. 3, paras 0031-0033], does explain that the container identification module can retrieve reference data including the receiving vehicle dimensions, shape, configuration, etc. and further that the transferring vehicle and receiving vehicle can communicate with each other to identify the receiving vehicle, “[0031] […]. The container identification module 20 may use or retrieve container reference data. [0032] The container reference data comprises one or more of the following: reference dimensions, reference shape, drawings, models, layout, and configuration of the container 85, the container perimeter 81, the container edges 181; reference dimensions, reference shape, drawings, models, layout, and configuration of the entire storage portion 93 of receiving vehicle; […]. The container reference data may be stored and retrieved from the data storage device 19 […]. For example, the container reference data may be stored by, retrievable by, or indexed by a corresponding receiving vehicle identifier in the data storage device 19 of the transferring vehicle system 11. For each receiving vehicle identifier, there can be a corresponding unique container reference data stored therewith in the data storage device 19. [0033] In one embodiment, the transferring vehicle receives a data message from the receiving vehicle in which a vehicle identifier of the receiving vehicle is regularly […]. In another embodiment, the transferring vehicle interrogates the receiving vehicle for its vehicle identifier or establishes a communications channel between the transferring vehicle and the receiving vehicle in preparation for unloading via the wireless communication devices (48, 148). […].” See again [Nykamp, pg. 2, para 0028], which explains that when the fill level estimator detects a certain fill state and the system controls the unloading process and [Nykamp, pg. 5, para 0052], which further explains that depending on the fill state, the system will realign the transferring operation or stop transferring. Also see again [Nykamp, pgs. 5-6, para 0053], which explains the system can include sensors for detecting mass, weight, or volume of the material in the receiving vehicle to determine the fill state.
However, Brockman teaches: (Currently Amended) […] wherein controlling the agricultural unloading operation comprises accessing volume data, indicative of a volume profile, corresponding to the receiving vehicle; accessing density information indicative of a density of the material; setting the desired fill level based on the volume data and the density information; and controlling the agricultural unloading operation based on the desired fill level. See again [Brockman, pgs. 3-4, para 0030], which explains that the controller can determine fill level using information, including the weight and volume, and compare to a limit or target fill level. Also see [Brockman, pgs. 5-6, para 0045], which explains that the information can be shared between the planer, transport vehicle, and offboard computer, and further can include jobsite information such as the density of the material, “It is noted that any information provided to or generated by cold planer 10 and paver 18 can additionally be provided by or to off-board computer 84. For instance, any information generated by paver 18, such as the position, paving rate, and speed of paver 18, can be communicated from paver 18 to off-board computer 84, and then from off-board computer 84 to cold planer 10. As such, information for the entire paving train can be shared between cold planer 10, paver 18, transport vehicles 16A, 16B, 20A and 20B and off-board computer 84. Other information relating to the paving process, such as the amount of available paving time and material, the density of the paving material, jobsite plans, etc., can also or alternatively be provided to cold planer 10 directly from off-board computer 84. Off-board computer 84 can be any type of back office computer 83, […], dedicated hardware device, or other type of stationary or mobile computing device configured to communicate information via a wired or wireless connection.” Also see again [Brockman, pgs. 6-7, para 0053], which further explains that the controller can receive inputs from the transport vehicle via a communication device, including a vehicle ID and an associated profile or access this information in the controller memory and [Brockman, pg. 7, para 0057], which explains that the controller can control the operations of the planer and transport vehicle based on the fill level and the thresholds, or limits.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Brockman to use density and volume to set the fill level. Doing so provides an alternate means for identifying weight and a fill level [Brockman, pg. 7, paras 0054-0055] and allows the variables of the process to be configured to be specific to the job [Brockman, pgs. 5-6, para 0045].
Regarding Claim 12, Nykamp as modified discloses the limitations of Claim 11.
Nykamp does not disclose: (Previously Presented) […], wherein accessing volume data comprises: accessing the volume profile data indicative of a volume profile of the receiving vehicle along a front-to-back axis of the receiving vehicle.
However, Brockman teaches: (Previously Presented) […], wherein accessing volume data comprises: accessing the volume profile data indicative of a volume profile of the receiving vehicle along a front-to-back axis of the receiving vehicle. See [Brockman, pg. 8, para 0062], which explains that the controller uses known dimensions of the transport vehicle and a position sensor, in coordination with the fill level, to achieve the front-to-back material distribution, “To achieve and maintain proper positioning of conveyor 48 with respect to transport vehicle 20A, controller 44 can generate commands to adjust the position of conveyor 48 with respect to transport vehicle 20A based on the signals from sensor 69, locating device 62, position sensor 69, and/or the input received from transport vehicle 20A. For example, while controller 44 is determining the fill level Σ of transport vehicle 20A based on the signal from sensor 69, controller 44 can also determine the distance between conveyor 48 and transport vehicle 20A based on the signals from position sensor 69 and/or one or more of locating devices 62 and 75. Controller 44 can coordinate the signals from sensor 69 with the determined distance and known dimensions of transport vehicle 20A (e.g., received as input from transport vehicle 20A) in order to track the distribution of material within bed 15 over a period of conveying time. The material distribution can include a front-to-back distribution as well as a side-to-side distribution within bed 15.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Brockman to use a front-to-back material distribution. Doing so allows the system to prevent improper loading of the transport vehicle and minimize spillage [Brockman, pg. 8, para 0061] by evenly spreading the material [Brockman, pg. 8, para 0063].
Regarding Claim 14, Nykamp as modified discloses the limitations of Claim 1.
Nykamp does not explicitly disclose: (Previously Presented) […], wherein generating the a desired weight value comprises: identifying the receiving vehicle; and accessing the desired weight value from a data store storing weight values based on an identity corresponding to the receiving vehicle. However [Nykamp, pg. 3, paras 0031-0032], does describe receiving reference data of the receiving vehicle, such as the receiving vehicle dimensions, shape, configuration, etc.
However, Brockman teaches: (Previously Presented) […], wherein generating the a desired weight value comprises: identifying the receiving vehicle; and accessing the desired weight value from a data store storing weight values based on an identity corresponding to the receiving vehicle. See [Brockman, pgs. 3-4, para 0030], which explains that the controller can determine fill level based on the weight and compare this to a weight limit or target fill level. See again [Brockman, pgs. 6-7, para 0053], which further explains that the controller can receive inputs from the transport vehicle via a communication device, including the vehicle ID and associated profile or access this information in the controller memory. Finally see again [Brockman, pg. 7, para 0057], which explains that the controller can control the operations of the planer and transport vehicle based on the fill level and weight.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Brockman to use a stored desired weight for the specific vehicle. Doing so ensures that the system stops unloading before exceeding the capacity of the vehicle, including to ensure the weight does not exceed a legal limit [Brockman, pg. 7, para 0057] and allow for coordination of next steps, such as exchanging receiving vehicles [Brockman, pg. 7, para 0058].
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Brockman and Puryk, further in view of Van Mill et al., PG Pub US-2021/0294337-A1 (herein "Van Mill").
Regarding Claim 8, Nykamp as modified discloses the limitations of Claim 1.
Nykamp does not disclose: (Previously Presented) […] wherein detecting the weight of the material in the receiving vehicle comprises: generating a weight signal with a scale on the receiving vehicle, the weight signal being indicative of the weight of the material in the receiving vehicle.
However, Van Mill teaches: (Previously Presented) […] wherein detecting the weight of the material in the receiving vehicle comprises: generating a weight signal with a scale on the receiving vehicle, the weight signal being indicative of the weight of the material in the receiving vehicle. See [Van Mill, pg. 5, para 0042], which explains that a cart hopper includes load sensors, which are part of a scale system, for determining material weight, “In some embodiments, the one or more load sensors 602 may detect the weight of materials in the hopper 118 of the cart 100. In some embodiments, the one or more load sensors 602 may include a scale system. In some embodiments, one or more load sensors 602 may be located at the hitch 116 to measure hitch weight, and/or one or more load sensors 602 may be located on the cart axle (e.g., to measure weight on left and right sides of the cart 100). […],” and [Van Mill, pg. 5, para 0043], which explains that the information can be shared using a wireless communication system, “In some embodiments, the one or more communication interfaces 606 may be configured for wired or wireless communication using one or more communication standards. In some embodiments, the one or more communication interfaces may include one or more antennas for wireless communication. In some embodiments, the one or more communication interfaces 606 may be configured to receive and/or convey one or more of Wi-Fi signals, radio signals such as Bluetooth radio signals, and cellular signals. In some embodiments, the one or more communication interfaces 606 may include a RFID reader.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Van Mill to include a weight signal from a scale. Doing so allows for determining if a load imbalance exists which can help prevent a rollover, instability of the cart, equipment stress or failure, and inadequate traction [Van Mill, pg. 5, paras 0042-0043], especially in instances of uneven terrain [Van Mill, pg. 9, para 0070].
Regarding Claim 9, Nykamp as modified discloses the limitations of Claim 8.
Nykamp further discloses: (Previously Presented) […] further comprising: receiving the […] signal from the following vehicle over a wireless communication network, wherein the following vehicle propels the receiving vehicle. See [Nykamp, pg. 6, paras 0058-0059], which explains that the receiving vehicle can include a propelled portion, such as a tractor for pulling a cart. Further, it explains that fill data can be sent and received between the systems of the vehicles, “[0058] The system 11 of FIG. 1 and the system 111 of FIG. 2 apply to the transferring vehicle, whereas the system of FIG. 3 applies to the receiving vehicle […]. […]. As previously noted, the transferring vehicle […] comprises a combine, harvester, self-propelled harvester, vehicle or heavy equipment that collects or harvests material for transfer to the receiving vehicle. In one embodiment, the receiving vehicle comprises a propelled portion […] and a storage portion […] for storing the material transferred from the transferring vehicle. The receiving vehicle may comprise the combination of a tractor and a grain cart or wagon, […]. [0059] […] The system 211 of FIG. 3 comprises a second wireless communications device 148 for communicating with the first communications device 48 of FIG. 1 or FIG. 2, for example. The wireless devices (48, 148) may exchange or communicate position date, relative position data, fill state data at a cellular level or aggregate fill state level, command data, or control data for controlling, adjusting or coordinating the position and orientation of the vehicles; more particularly, the position and the orientation of the spout 89 or spout end 87 over the opening 83 of the container 85. […]. In FIG. 3, the system 211 for a receiving vehicle […] can be used in conjunction with the system […] of the transferring vehicle of FIG. 1 or FIG. 2.”
Nykamp does not disclose: […] receiving the weight signal […].
However, Van Mill teaches: […] receiving the weight signal […]. See again [Van Mill, pg. 5, paras 0042-0043], which explain that load sensors, of a scale system or hitch system of the pulling vehicle, can detect the weight of the material and communicate using the wireless communication system. Also see [Van Mill, pg. 9, para 0070], which further explains using the various load sensors to detect weight, “In some embodiments, the step 804 may include the cart 100 (and/or the vehicle 200) performing a load balance check to determine whether any indication of an uneven load that might make the cart 100 unstable exists. In some embodiments, the cart 100 (and/or the vehicle 200) may use the one or more load sensors 602 (e.g., at the hitch 116 to measure hitch weight and/or on the cart axle to measure weight on the left and right sides of the cart 100) and/or the one or more hopper cameras 604 to determine whether a load imbalance condition exists with respect to material in the hopper 118.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Van Mill to include wirelessly communicating a weight signal. Doing so allows for determining if a load imbalance exists which can help prevent a rollover, instability of the cart, equipment stress or failure, and inadequate traction [Van Mill, pg. 5, paras 0042-0043], especially in instances of uneven terrain [Van Mill, pg. 9, para 0070].
Regarding Claim 10, Nykamp as modified discloses the limitations of Claim 9.
Nykamp does not disclose: (Currently Amended) […] further comprising: identifying a communication latency comprising an estimated amount of time between generating the weight signal and receiving the weight signal; and controlling [[the]] a material conveyance subsystem based on the communication latency.
However, Puryk teaches: (Currently Amended) […] further comprising: identifying a communication latency comprising an estimated amount of time between generating the weight signal and receiving the weight signal; and controlling [[the]] a material conveyance subsystem based on the communication latency. See [Puryk, Abstract], which explains that the system communicates signals to adjust a material unloading time or rate based on the dynamic model determined by the fill characteristics, “A vehicle automated unloading system may include a fill model and an unloading controller. The fill model is a model of a fill characteristic of a container as a function of variables comprising material unloading times, material unloading rates and material unloading locations. The unloading controller is to (a) determine a current model-based fill characteristic of the container using the dynamic fill model and (b) output control signals to adjust at least one of a material unloading time, a material unloading rate and a material unloading location based upon the current model-based fill characteristic of the container,” where [Puryk, pg. 16, para 0161], the fill state is defined by measured height, mass, and volume, “The distributed fill state sensors 149 (e.g., in FIG. 14A and FIG. 14B) may comprise optical level sensors (not shown) distributed at different height levels within or around the container 85, piezoelectric mass sensors distributed to measure mass of the agricultural material in different volumes or on different floor areas (e.g., of a false vertically movable floor) of the container 85, or piezoresistive mass sensors distributed to measure mass of the agricultural material in different volumes or on different floor areas of the container 85, for example.” See also [Puryk, pgs. 12-13, para 0135], which explains that the system adjusts controls, or command data, based on time and rate using timestamped signals and sampling times, “In one implementation in a leader mode, the transferring vehicle is steered by the auto-guidance module 55 or the steering controller 32 in accordance with path plan, or by a human operator. The master/slave controller 59 or coordination module 57 controls the receiving vehicle in a follower mode via the slave/master controller 159, where the transferring vehicle operates in the leader mode. If the transferring vehicle operates in an automated mode or auto-steering mode, the master/slave controller 59 provides command data locally to the steering controller 32, braking controller 36, and propulsion engine controller 40 of the transferring vehicle. Such command data can be normalized (or scaled), time stamped, and communicated to the receiving vehicle via wireless communication devices (48, 148) for processing by the slave/master controller 159. Alternatively, the velocity, acceleration, and heading data of the transferring vehicle is communicated to the receiving vehicle via the wireless communications devices (48, 148) to enable to receiving vehicle to follow the path of the transferring vehicle (e.g., with a minimal time delay). In an automated mode and in a leader-follower mode, the receiving vehicle, the transferring vehicle or both are steered and aligned automatically during transfer of agricultural material from the transferring vehicle to the receiving vehicle,” where [Puryk, pg. 10, para 0119], command data includes motion commands to the transferring vehicle for maintaining spout alignment over the target region of the container by managing speed, velocity, or heading with respect to the receiving vehicle, “The alignment module 24, the master/slave controller 59, or both estimate or determine motion commands at regular intervals to maintain alignment of the spout (56 or 89) over the central zone, central region or target of the container 85 for unloading agricultural material. The alignment module 24, the master/slave controller 59, or both, may send commands or requests to the transferring vehicle with respect to its speed, velocity or heading to maintain alignment of the position of the transferring vehicle with respect to the receiving vehicle., “ and further [Puryk, pg. 11, para 0127], includes "steering command data for the receiving vehicle, steering command data for the transferring vehicle, or actuator command data for rotating or otherwise manipulating any actuators (e.g. for rotation, tilt or deflection) of the spout,” where, [Puryk, pg. 13, para 0140], an alignment module adapts the position of the spout and generates command data for controlling the receiving vehicle, "An alignment module 24 is adapted for determining the relative position of the spout 89 and the container perimeter (81 of FIG. 15A) and for generating command data to the transferring vehicle or the propelled portion 75 of the receiving vehicle 79 to steer the storage portion 93 in cooperative alignment such that the spout 89 is aligned within a central zone or container opening 83 of the container perimeter 81.” Finally see [Puryk, pg. 15, para 0153], which further details the controls for cooperative alignment based within a sampling time period, “In one implementation, the unloading controller 1024 of system 1200 of FIG. 14A estimates the relative position of the transferring vehicle and the receiving vehicle, and the relative orientation of the spout end 87 (or spout position) to the storage portion 93 (or container position) to direct or control the steering system 30, braking system 34, and propulsion system 38 of the receiving vehicle via one or more controllers (32,36,40) to place the transferring vehicle and receiving vehicle in a target transferring position for transferring of material from the spout end 87 to the storage portion 93. For example, the target transferring position or cooperative alignment can refer to registration or alignment of the spout position and the container position (e.g., for one or more sampling time periods). Meanwhile, the transferring vehicle may be controlled (steering, velocity, and acceleration) by its own operator or the first location-determining receiver 42. For example, the system 311 or image processing system 18 identifies the spout end 87, or the boot or tip of the spout where the material exits the spout 89 and computes (through stereo correspondence, disparity or other image processing) the relative position of the spout end 87 to the storage portion 93, the container perimeter of the storage portion 93, a central zone of the storage portion 93.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Puryk to account for time in sending and receiving a signal. Doing so allows for automatically coordinating a transferring and a receiving vehicle based on locations, velocity, acceleration, and heading [Puryk, pgs. 12-13, para 0135]. Further it accounts for variation in the unloading rate or material, using the sample periods, to dynamically adjust unloading operations [Puryk, pg. 2, para 0051].
Claims 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Brockman and Foster et al., PG Pub US-2015/0264866-A1 (herein "Foster").
Regarding Claim 15, Nykamp discloses: (Currently Amended) An agricultural system comprising: an agricultural harvester that performs an unloading operation at a field; a receiving vehicle having a plurality of receiving portions, wherein each receiving portion, of the plurality of receiving portions, hardware memory storing computer executable instructions that, when executed by the one or more processors. See again [Nykamp, FIGs. 4A-4C, and pg. 1 paras 0001-0003], which show a harvester travelling during a harvesting operation and unloading material into a receiving vehicle and [Brockman, pg. 5, para 0049], which explains that the spout is not retracted and further, controlled continuously during a harvesting operation. Also see again [Nykamp, pgs. 1-2, para 0021], which describes a system for managing unloading material from a transferring vehicle to a receiving vehicle. See again [Nykamp, FIG. 1 and pgs. 1-2, para 0021], which describes the system of electronics for transferring material, “FIG. 1 shows a system 11 of vehicle electronics for a transferring vehicle for managing the unloading of agricultural material from the transferring vehicle […] to a receiving vehicle […]. FIG. 4A provides an illustrative example of a plan view of a stereo or other vision system, such as system 11 of FIG. 1, mounted on a transferring vehicle […] and facing a receiving vehicle.” See also [Nykamp, pg. 2, paras 0022-0026], which describe the image processing module, spout control system, and vehicle controller for imaging the receiving container, controlling the spout, and controlling the auger, respectively, “[0022] […], the system 11 comprises a first imaging device 10 and second imaging device 12 coupled to an image processing module 18. […]. For example, the first imaging device 10 or the second imaging device 12 is mounted at sufficiently high elevation above ground level to have some visibility into the container 85 […], or sufficient visibility of the interior of the container 85 and its contents, to determine a profile, distribution or level of agricultural material […] within a volume or portion […] of the volume defined by the container 85. [0023] […]. [0024] […], the spout control system 16 may comprise: (1) a rotation angle sensor for sensing a spout rotation angle […] and (2) an actuator […] for moving the spout 89 […]; hence, the spout position with respect to the receiving vehicle 79 or its storage container 85. […]. [0025] […]. [0026] The vehicle controller 46 controls the rotation of the auger 47 for transfer or movement of the agricultural material from the transferring vehicle 91 to the receiving vehicle 79. The vehicle controller 46 can provide a data message that indicates when the auger 47 for unloading agricultural material from the transferring vehicle is activate and inactive.” Finally see [Nykamp, pg. 3, paras 0029-0030], which further describes the processor and memory, including instructions, as components of the image processing module, “[0029] The imaging processing module 18 may comprise a controller, a microcomputer, a microprocessor, a microcontroller, an application specific integrated circuit, a programmable logic array, a logic device, an arithmetic logic unit, a digital signal processor, or another electronic data processor and supporting electronic hardware and software. In one embodiment, the image processing module 18 comprises a container identification module 20, a spout identification module 22, a fill level estimator 21, and an alignment module 24. [0030] The image processing module 18 may be associated with a data storage device 19. The data storage device 19 may comprise electronic memory, non-volatile random access memory, a magnetic disc drive, an optical disc drive, a magnetic storage device or an optical storage device, for example. If the container identification module 20, the spout identification module 22, the fill level estimator 21, and the alignment module 24 are software modules they are stored within the data storage device 19. The software modules may comprise files, executable files, libraries, data records or software instructions that the image processing module 18 or its electronic data processor can execute. The data processor of the image processing module 18 may communicate with a data storage device 19, or its software modules or its contents via one or more data buses.”
Nykamp further discloses: configure the one or more processors to: obtain weight signals corresponding to a weight of the material in the receiving vehicle; […]; […]; […]; and generate a control signal to control the unloading operation based on the desired fill level. See again [Nykamp, pg. 2, para 0028], which explains that when the fill level estimator detects a certain fill state, the system controls the unloading process and [Nykamp, pg. 3, para 0036], which explains that the fill level estimator can detect various fill states associated with a height and a volume. Also see again [Nykamp, pg. 5, para 0052], which further explains that depending on the fill state, the system will realign the transferring operation or stop transferring. Finally see again [Nykamp, pgs. 5-6, para 0053], which explains the system can include sensors for detecting mass, weight, or volume of the material in the receiving vehicle to determine the fill state.
Nykamp does not disclose: identify a desired weight value corresponding to the receiving vehicle; obtain a comparison result representing a comparison of compare the desired weight value to the weight signals corresponding to the weight of the material in the receiving vehicle to obtain a comparison result; identify a fill level of the material in a first receiving portion of the plurality of receiving portions-agricultural-vehicle; generate a desired fill level of the material in a second receiving portion of the plurality of receiving portions-vehicle based on the comparison result and the fill level of the material in the first receiving portion. However, [Nykamp, Abstract and pg. 4, para 0040] does discuss filling a container according to a fill plan with material in a first mode filled to a first target level, an estimate of cells within a container that are below first target level, where the spout is directed to fill a second mode to a second target level greater than the first, based on a number of cells below first target level being below a threshold. In other words, if there is not enough empty, or “too low,” cells the spout continues filling the container overall, “In one embodiment, the alignment module 24 or a spout-to-container alignment module determines the relative position of the spout (89, 189) and the cells 308 in the container 85 such that the spout is aligned within a target fill zone of the cells 308 in accordance with a fill sequence or fill plan instructions in which: (a) first, the alignment module 24 is adapted to direct the spout (89, 189), via the spout control system 16 alone or in combination with relative vehicle alignment, to fill the container 85 with the material in a first mode to a first target level that is less than a peak height of the container; (b) second, the fill level estimator 21 is adapted to estimate the number of cells 308 that are below the first target level after directing the spout to fill in the first mode; and (c) third, the alignment module 24 is adapted to direct the spout, via the spout control system 16 alone or in combination with relative vehicle alignment, to fill the container in the second mode to a second target level that is greater than the first target level if less than a threshold number of cells are below the first target level,” where [Nykamp, pgs. 5-6, para 0053] the control decisions can be based on weight, “In an alternate embodiment, the fill level estimator 21 is supplemented or augmented by one or more sensors (e.g., mass or optical sensors) on the receiving vehicle 79 for detecting a mass, weight or volume of agricultural material in the container 85; the imaging system 18 of the transferring vehicle 91 or the sensors of the receiving vehicle via the wireless communications devices (48, 148) may notify the operator (of the transferring vehicle 91) on the user interface 44 of the full state, fill state or full condition of the container 85.” Further, [Nykamp, pg. 5, para 0052] discusses a first target level and a second target level is for the whole receiving vehicle or group of cells of the receiving vehicle and explains that the second target level is targeted after confirming that the first target level has been reached, “If a container 85 of the receiving vehicle is full (or imminently approaching a first target level 310, a second target level 312 or another full state (e.g., 309)) with agricultural material (e.g., from a transferring operation), as detected by the fill level estimator 21, the fill level estimator 21 provides a data message or control message to the alignment module 24 depending upon the detected target level and current operational mode (first mode or second mode) of the filling operation of the container 85. If the fill level estimator 21 determines that the container 85, or a group of its cells 308, has reached or satisfied the first target level 310 in the first mode, fill level estimator 21 provides the data message or control message to the alignment module 21 such that the alignment module 24 can transition from the first mode to the second mode and reverse the direction of filling to achieve the second target level 312. However, if the fill level estimator 21 determines that the container has reached or satisfied the second target level 312 in the second mode, the fill level estimator 21 provides the data message or control message to the alignment module 21 such that the alignment module can stop filling the container or storage portion and optionally alert the operator of the harvesting vehicle and the receiving vehicle via their respective user interfaces (e.g., displays in the vehicle cabs or cockpits),” and [Nykamp, pg. 7, para 0065], "FIG. 4C illustrates the first target level 310 and the second target level 312. In one embodiment, the first target level 310 is a height of agricultural material (e.g., in the cells or a group of cells) that is near or below the top or top container edge 181 (i.e., at approximately 100% level) of the container 85 and wherein the second target level is equal to or greater than the top or top container edge 181 of the container 85." Further, [Nykamp, pg. 12, paras 0111-0112] discusses filling voids in the container if a threshold number of adjacent cells are below the second target level and, “if the image processing module 18 or the fill level estimator 21 determines that the second threshold number of adjacent cells 308 are not below the first target level 310, then the method continues in block S207,” where [Nykamp, pg. 12, para 114], block S207 determines if the container is full using a first threshold of adjacent cells below a second target level. Finally, [Nykamp, pgs. 12-13, paras 0117-0118] more specifically discusses filling the container from front to back, where the spout moves on to the next section based on the first section reaching fill level, however, it does not explicitly discuss determining or generating a second target fill level based on the fill level of the first section, “[0117] […]. As illustrated, the first mode is directional mode in which the relative position of the spout (89, 189) with respect to the container moves front-to-back (or opposite to the direction of travel 186) to achieve the first target level 310 for agricultural material 305 in the cells 308 or container 85. In one embodiment, the dead band regions 311 or dead band cells at the front and back of the container 85 are excluded from the evaluation of whether or not the agricultural material 305 satisfies or reaches the first target level 310. As illustrated in FIG. 9A, the spout (89, 189) or spout end (87, 187) is above partially full cells or the next empty cell as the target fill zone and is not in a dithering mode that is spaced apart from the next empty cell. [0118] […]. The receiving vehicle 79 and its container 85 are generally moving in the forward direction of travel 186 along with the transferring vehicle, while the relative position of the spout (89, 189) or spout end (87, 187) moves in a second mode. As illustrated, the second mode is directional mode in which the relative position of the spout (89, 189) with respect to the container 85 moves back-to-front direction (or the same as the direction of travel 186) to achieve the second target level 312 for agricultural material 305 in the container 85 of the cells 308. The second mode of FIG. 9B is in an opposite direction of relative movement between the spout (89, 189) and container than the first mode of FIG. 9A. In one embodiment, the dead band regions 311 or dead band cells at the front and back of the container 85 are excluded from the evaluation of whether or not the agricultural material 305 satisfies or reaches the second target level 312.”
However, Brockman teaches: identify a desired weight value corresponding to the receiving vehicle; obtain a comparison result representing a comparison of compare the desired weight value to the weight signals corresponding to the weight of the material in the receiving vehicle to obtain a comparison result. See again [Brockman, pgs. 3-4, para 0030], which explains that the controller can determine fill level based on the weight and compare the value to a weight limit or target fill level. Also see again [Brockman, pgs. 6-7, para 0053], which further explains that the controller can receive inputs from the transport vehicle via a communication device, including a vehicle ID and an associated profile or access this information in the controller memory. Finally see again [Brockman, pg. 7, para 0057], which explains that the controller can control the operations of the planer and transport vehicle based on the fill level and weight.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Brockman to compare a desired weight value and a measured weight value, detecting a fill level, and using the comparison and fill level for generating a desired fill for controlling unloading. Doing so ensures that the system stops unloading before exceeding the capacity of the vehicle, including to ensure the weight does not exceed a legal limit [Brockman, pg. 7, para 0057] and allow for coordination of next steps, such as exchanging receiving vehicles [Brockman, pg. 7, para 0058].
However, Foster teaches: identify a fill level of the material in a first receiving portion of the plurality of receiving portions-agricultural-vehicle; generate a desired fill level of the material in a second receiving portion of the plurality of receiving portions-vehicle based on the comparison result and the fill level of the material in the first receiving portion. See [Foster, pg. 1, paras 0004-0006], which discusses automatically loading a trailer of a truck and trailer combination, where the system determines loading strategies based on weight rating characteristics of the truck and trailer combinations, “[0004] The present invention is directed to a system for automatically loading or automatically approaching and loading a trailer of the truck and trailer combination, such as a grain truck, with crop material. [0005] […]. The system assesses weight rating characteristics of the truck and trailer combination and a full-status of the trailer. The system coordinates movement of the grain cart and unloading functions of the grain cart to automatically load the trailer to correspond to a target total weight value and a target weight distribution value based on axle weight ratings of the axles the truck and trailer combination. This may allow for accurately loading a trailer, regardless of the skill level of the equipment operator. [0006] According to one aspect of the invention, the system includes tractor and a grain cart towed by the tractor. The system has a control system including a tractor controller operatively communicating with a grain cart controller for controlling operation of the grain cart. A truck and trailer identification system facilitates identifying particular truck and trailer combinations for determining loading strategies based on weight rating characteristics of the truck and trailer combinations.” See also [Foster, pgs. 1-2, para 0010], which explains identifying a target total weight value in a database corresponding to the identified truck and trailer combination, “[0010] According to another aspect of the invention, the tractor controller may identify the truck and trailer combination and determine the target total weight of crop material and target weight distribution values based on the identified truck and trailer combination. […]. The target total weight value of crop material to load into the trailer may be determined by identifying a target total weight value in a database corresponding to the identified truck and trailer combination. The target weight distribution value of the trailer may be determined by identifying a target weight distribution value in a database corresponding to the identified truck and trailer combination,” where [Foster, pg. 2, para 0012], a fill level of a first and second area of the trailer, or grain cart, is determined using the target total weight value as a function of the target weight distribution, “According to another aspect of the invention, a fill level of the trailer is determined and the tractor and the grain cart are moved relative to the trailer based on the determined fill level of the trailer. A first area of the trailer is loaded and a determination is made when the first area of the trailer reaches a first area required fill level. The first area required fill level corresponds to a component of the target total weight value as a function of the target weight distribution value relative to the first area. When the required fill level is achieved for the first area, the tractor and grain cart are moved for loading the crop material into a second area of the trailer. Movement from loading the first to loading the secondary of the trailer can be done without stopping the loading procedure. When the control system determines that a complete-full condition of the trailer has been achieved, a flow gate in the grain cart disclosed to stop crop material transfer from the grain cart to the trailer. The grain cart may not have enough crop material to completely fill the trailer to the target total weight value. After transferring all the crop material from the grain cart into the trailer, the control system may determine a partial-full condition of the trailer. The control system may store a partial-full value of the trailer in a memory that corresponds to the partial-full condition of the trailer. The grain cart is reloaded and at least some of the crop material from the subsequent load into the trailer based on the stored partial-full value.” See also [Foster, Claim 12], which explains that the method includes identifying and using the fill level of the first area to determine and fill the second area, “[…] loading a first area of the trailer and detecting when the first area of the trailer reaches a first area required fill level of the crop material, wherein the first area required fill level corresponds to a component of the target total weight value as a function of the target weight distribution value relative to the first area of the trailer, and automatically moving the tractor for loading the crop material into a second area of the trailer based on the detected reaching of the required fill level of the first area.” Finally see [Foster, pg. 3, paras 0022-0024], which further explains that based on the identification of the truck and trailer combination a loading strategy can be determined and used for coordinating the unloading process and movement of the vehicles, where the sensor system monitors the loading status and fill levels in particular zones of the trailer, “[0022] Still referring to FIG. 1, a control system shown as tractor/grain cart control system 25 cooperates with a truck and trailer identification system 27 for identifying particular truck and trailer combinations 19 for determining loading strategies based on weight rating characteristics of the truck and trailer combinations 19. […]. Upon determining a loading strategy for a particular truck and trailer combination 19 by way of the truck and trailer identification system 27, the tractor/grain cart control system 25 coordinates at least some movement of the grain cart 15 and tractor 17 and at least some unloading functions of the grain can 15 to automatically load the trailer 21. The coordinated control of the grain cart 15 and tractor 17 allows for loading the trailer 21 to correspond to a target total weight value and a target weight distribution value based on axle weight ratings of the axles the truck and trailer combination 19 of the determined loading strategy. […]. [0023] […]. The sensors 39 are arranged to detect characteristics of the grain cart 15 and trailer 21, such as loading status of the trailer 21 which may include fill level(s) of the grain cart 15 and/or trailer 21 or particular zones or areas within the trailer 21, the position(s) of the grain cart 15 or its components relative to the trailer 21, geometry of the trailer 21, and orientation of the trailer 21 relative to the grain cart 15 and tractor 17. […]. [0024] [0024] The tractor/grain cart control system 25 coordinates movement of the tractor 17 and grain cart 15 as well as operations of the components of the grain cart 15 such as a grain cart unloading system 41 that can be activated for transferring the crop material 9 from the grain cart 15 into the trailer 21. The grain cart unloading system 41 includes an unloading tube 43 that is a conduit to receive crop material 9 from an auger drive of the grain cart unloading system 41. The unloading tube 43 can be selectively positioned to extend from the bin 13 of the grain cart 15 to direct the crop material 9 into the trailer 21 A flow gate 45 of the grain cart unloading system 41 is actuated to selectively permit flow of crop material 9 from the bin 13 for transfer through the unloading tube 43 into the trailer 21. The flow gate 45 is opened to allow transfer of the crop material 9 into the trailer 21 and closed to stop transfer of the crop material 9 into the trailer 21.”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Foster to include identifying a fill level of a first portion and generating a desired fill level in a second portion of the receiving vehicle based on the weight comparison and fill level in the first portion. Doing so ensures that the trailer is loaded corresponding to a load strategy that accounts for a total target weight and target weight distribution based on a rating, such as an axle rating, of the trailer [Foster, pg. 3, para 0025], which minimizes the required input, knowledge, and experience an operator may require to efficiently and accurately unload the material [Foster, pg. 1, para 0003].
Regarding Claim 18, Nykamp as modified discloses the limitations of Claim 15.
Nykamp does not explicitly disclose: (Currently Amended) […] wherein the computer executable instructions, when executed by the one or more processors, configure the one or more processors to: access volume data, indicative of a volume, corresponding to the receiving vehicle; access density information indicative of a density of the material; generate the desired fill level based on the volume data and the density information; and control the unloading operation based on the desired fill level. However, see again [Nykamp, pg. 3, paras 0031-0033], which does explain that the container identification module can retrieve reference data including the receiving vehicle dimensions, shape, configuration, etc. and further that the transferring vehicle and receiving vehicle can communicate with each other to identify the receiving vehicle. Also see again [Nykamp, pg. 2, para 0028], which explains that when the fill level estimator detects a certain fill state and the system controls the unloading process and [Nykamp, pg. 5, para 0052], which further explains that depending on the fill state, the system will realign the transferring operation or stop transferring. Finally see again [Nykamp, pgs. 5-6, para 0053], which explains the system can include sensors for detecting mass, weight, or volume of the material in the receiving vehicle to determine the fill state.
However, Brockman teaches: (Currently Amended) […] wherein the computer executable instructions, when executed by the one or more processors, configure the one or more processors to: access volume data, indicative of a volume, corresponding to the receiving vehicle; access density information indicative of a density of the material; generate the desired fill level based on the volume data and the density information; and control the unloading operation based on the desired fill level. See [Brockman, pg. 6, para 0046], which explains that the controller contains at least one processor and a memory for executing the functions of the system, “Controller 44 can embody a single microprocessor or multiple microprocessors that include a means for monitoring operator and sensor input, and responsively adjusting operational characteristics of cold planer 10 based on the input. For example, controller 44 can include a memory, a secondary storage device, a clock, and a processor, such as a central processing unit or any other means for accomplishing a task consistent with the present disclosure. Numerous commercially available microprocessors can be configured to perform the functions of controller 44. It should be appreciated that controller 44 could readily embody a general machine controller capable of controlling numerous other machine functions. Various other known circuits can be associated with controller 44, including signal-conditioning circuitry, communication circuitry, and other appropriate circuitry. Controller 44 can be further communicatively coupled with an external computer system, instead of or in addition to including a computer system, as desired.” See again [Brockman, pgs. 3-4, para 0030], which explains that the controller can determine fill level using information, including the weight and volume, and compare to a limit or target fill level. Also see [Brockman, pgs. 5-6, para 0045], which explains that the information can be shared between the planer, transport vehicle, and offboard computer, and further can include jobsite information such as the density of the material. Also see again [Brockman, pgs. 6-7, para 0053], which further explains that the controller can receive inputs from the transport vehicle via a communication device, including a vehicle ID and an associated profile or access this information in the controller memory and [Brockman, pg. 7, para 0057], which explains that the controller can control the operations of the planer and transport vehicle based on the fill level and the thresholds, or limits.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Brockman to use density. Doing so provides an alternate means for identifying weight and a fill level [Brockman, pg. 7, paras 0054-0055] and allows the variables of the process to be configured specific for the job [Brockman, pgs. 5-6, para 0045].
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Brockman and Foster, further in view of Van Mill.
Regarding Claim 16, Nykamp as modified discloses the limitations of Claim 15.
Nykamp further discloses: (Previously Presented) […] wherein the receiving vehicle is propelled by the following vehicle and wherein the agricultural system further comprises: a sensor positioned on the receiving vehicle that […] the weight of the material in the receiving vehicle; and a wireless communication system configured to receive the […] signals from the following vehicle, […]. See again [Nykamp, pg. 6, paras 0058-0059], which explains that the receiving vehicle can include a propelled portion, such as a tractor for pulling a cart. Further, it explains that fill data can be sent and received between the systems of the vehicles. See also [Nykamp, pgs. 5-6, para 0053], which explains that the receiving vehicle has sensors for detecting mass, weight, or volume, “In an alternate embodiment, the fill level estimator 21 is supplemented or augmented by one or more sensors (e.g., mass or optical sensors) on the receiving vehicle 79 for detecting a mass, weight or volume of agricultural material in the container 85; the imaging system 18 of the transferring vehicle 91 or the sensors of the receiving vehicle via the wireless communications devices (48, 148) may notify the operator (of the transferring vehicle 91) on the user interface 44 of the full state, fill state or full condition of the container 85.”
Nykamp does not disclose: […] a sensor […] that generates the weight signals corresponding to the weight of the material in the […] vehicle; and […] the weight signals from the following vehicle, the weight signal being indicative of the weight of the material in the receiving vehicle.
However, Van Mill teaches: […] a sensor […] that generates the weight signals corresponding to the weight of the material in the […] vehicle; and […] the weight signals from the following vehicle, the weight signal being indicative of the weight of the material in the receiving vehicle. See [Van Mill, FIG. 3B and pg. 4, para 0039], which shows a vehicle for propelling the receiving cart, using a hitch, “[…], as shown in the FIG. 3B, a vehicle (e.g., tractor) 200 may tow the cart 100. In some embodiments, the hitch 116 of the cart 100 may connect the cart 100 to the vehicle 200,” and see again [Van Mill, pg. 5, paras 0042-0043], which explain that load sensors, of a scale system or hitch system of the pulling vehicle, can detect the weight of the material and communicate using the wireless communication system.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Van Mill to include wirelessly communicating a weight signal from the following vehicle using a sensor. Doing so allows for determining if a load imbalance exists which can help prevent a rollover, instability of the cart, equipment stress or failure, and inadequate traction [Van Mill, pg. 5, paras 0042-0043], especially in instances of uneven terrain [Van Mill, pg. 9, para 0070].
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Puryk and Suleman et al., PG Pub US-2020/0128738-A1 (herein “Suleman”).
Regarding Claim 19, Nykamp discloses: (Currently Amended) A control system controlling unloading of material from an agricultural harvester to a receiving vehicle. See again [Nykamp, FIGs. 4A-4C, and pg. 1 paras 0001-0003], which show a harvester travelling during a harvesting operation and unloading material into a receiving vehicle and [Brockman, pg. 5, para 0049], which explains that the spout is not retracted and further, controlled continuously during a harvesting operation. Also see again [Nykamp, pgs. 1-2, para 0021], which describes a system for managing unloading material from a transferring vehicle to a receiving vehicle.
Nykamp further discloses: the control system comprising: one or more processors; and memory storing computer executable instructions that, when executed by the one or more processors, configure the one or more processors to: obtain a fill level indicator indicative of a fill level of the material in the receiving vehicle; receive a weight signal corresponding to a weight of the material in the receiving vehicle; […]; generate a control signal to control a controllable subsystem to perform an unloading operation based on the fill level of material, the weight signal, […]. See again [Nykamp, FIG. 1 and pgs. 1-2, para 0021], which describes the system of electronics for transferring material, [Nykamp, pg. 2, paras 0022-0026], which describe the image processing module, spout control system, and vehicle controller for imaging the receiving container, controlling the spout, and controlling the auger, respectively, and [Nykamp, pg. 3, paras 0029-0030], which further describes the processor and memory, including instructions, as components of the image processing module. Also see again [Nykamp, pg. 2, para 0028], which explains that when the fill level estimator detects a certain fill state and the system controls the unloading process and [Nykamp, pg. 5, para 0052], which further explains that depending on the fill state, the system will realign the transferring operation or stop transferring. Finally see again [Nykamp, pgs. 5-6, para 0053], which explains the system can include sensors for detecting mass, weight, or volume of the material in the receiving vehicle to determine the fill state and wirelessly communicating the fill state.
Nykamp does not disclose: identify a processing latency, the processing latency being one of: a communication latency comprising an estimated amount of time between a weight signal generation time at which is generated and a weight signal receive time at which the one or more processors receive the weight signal; or an actuator latency comprising an estimated amount of time between a control time at which an actuator is controlled to stop the unloading of the material and an unloading stop time at which the unloading of the material is stopped
However, Puryk teaches: identify a processing latency, the processing latency being one of: a communication latency […]; or an actuator latency […]; generate a control signal to control a controllable subsystem to perform an unloading operation based on [the fill level of material, the weight signal,] and the processing latency. See [Puryk, Abstract], which explains that the system communicates signals to adjust a material unloading time or rate based on the dynamic model determined by the fill characteristics, where [Puryk, pg. 16, para 0161], the fill state is defined by measured height, mass, and volume. See also [Puryk, pgs. 12-13, para 0135], which explains that the system adjusts controls, or command data, based on time and rate using timestamped signals and sampling times, where [Puryk, pg. 10, para 0119], command data includes motion commands to the transferring vehicle for maintaining spout alignment over the target region of the container by managing speed, velocity, or heading with respect to the receiving vehicle, and further [Puryk, pg. 11, para 0127], includes "steering command data for the receiving vehicle, steering command data for the transferring vehicle, or actuator command data for rotating or otherwise manipulating any actuators (e.g. for rotation, tilt or deflection) of the spout,” where, [Puryk, pg. 13, para 0140], an alignment module adapts the position of the spout and generates command data for controlling the receiving vehicle. Finally see [Puryk, pg. 15, para 0153], which further details the controls for cooperative alignment based within a sampling time period.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Puryk to account for time between sending and receiving a signal. Doing so allows for automatically coordinating a transferring and a receiving vehicle based on locations, velocity, acceleration, and heading [Puryk, pgs. 12-13, para 0135]. Further it accounts for variation in the unloading rate or material, using the sample periods, to dynamically adjust unloading operations [Puryk, pg. 2, para 0051].
However, Suleman teaches: […] a communication latency comprising an estimated amount of time between a weight signal generation time at which is generated and a weight signal receive time at which the one or more processors receive the weight signal; or an actuator latency comprising an estimated amount of time between a control time at which an actuator is controlled to stop the unloading of the material and an unloading stop time at which the unloading of the material is stopped See [Suleman, pg. 9, paras 0063-0064], which explains that a controller uses a material unloading start time and material unloading stop time, including a duration that accounts for a lag between sending a control and receiving a control to stop material flow and further including a lag in the control system to stop the conveyor, auger, or actuators controlling the conveyor system, “[0063] In certain embodiments, the controller 82 is configured to control terminate the product flow based on an expected position of the conveyor outlet relative to the storage compartment. For example, the controller 82 may determine a first position of the conveyor outlet relative to the storage compartment at a current time and determine a second position of the conveyor outlet relative to the storage compartment at a future time. The future time corresponding to the current time plus a duration sufficient to terminate product flow into the storage compartment after the product delivery system 96 receives instructions to terminate product flow. For example, upon receiving instructions to terminate product flow, the product delivery system 96 may deactivate conveyor(s) and/or auger(s) configured to transfer the product from the internal storage compartment to the conveyor outlet. The duration sufficient to terminate product flow may include a lag within the control system, the time associated with stopping the conveyor(s)/auger(s), the time associated with product flow from the conveyor outlet under the influence of gravity, other delays associated with termination product flow, or a combination thereof. For example, the duration sufficient to terminate product flow may be about 1 second, about 2 seconds, […]. […]. Upon determine the first and second positions of the conveyor outlet, the controller 82 may instruct the product delivery system 96 to engage product flow from the conveyor outlet to the storage compartment while the first position of the conveyor outlet is within the target unloading area, and the controller 82 may instruct the product delivery system to terminate product flow from the conveyor outlet to the storage compartment while the second position of the conveyor outlet is outside of the target unloading area. […]. [0064] Furthermore, in certain embodiments, the conveyor of the product delivery system 96 is movable between a first position on the left side of the agricultural harvester 10, a second position on the right side of the agricultural harvester 10, and a third position on a rearward side of the agricultural harvester 10. In the illustrated embodiment, the agricultural harvester 10 includes an actuator 97 configured to drive the conveyor to move between the first, second, and third positions. The actuator 97 may include an electric motor, a linear actuator, a hydraulic cylinder, a pneumatic cylinder, a hydraulic motor, a pneumatic motor, another suitable type of actuator, or a combination thereof. The moveable conveyor enables the product delivery system 96 to selectively unload agricultural product to a storage compartment position on the left side of the agricultural harvester, on the right side of the agricultural harvester, and on the rearward side of the agricultural harvester”
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Suleman to include a latency defined by a first and a second time, such as a control time and an unloading stopping time. Doing so ensures that material is not unloaded into an undesirable area, such as the field or an incorrect unloading zone [Suleman, pg. 9, para 0063].
Regarding Claim 20, Nykamp as modified discloses the limitations of Claim 19.
Nykamp further discloses: (Currently Amended) […], wherein the instructions, when executed by the one or more processors, configured the one or more processors to: access […] fill level information indicative of a […] fill level of material loaded into the receiving vehicle during a[n…] unloading operation corresponding to the receiving vehicle […] and to access […] weight information indicative of a […] weight of material loaded into the receiving vehicle […]; and set a desired fill level based on the […] fill level information and the […] weight information, wherein the instructions, when executed by the one or more processors, configure the one or more processors to generate the control signal to control the controllable subsystem to perform the unloading operation based further on the desired fill level. See again [Nykamp, pg. 3, para 0034], which describes that the system uses container reference data to identify a target fill zone and [Nykamp, pgs. 3-4, para 0037], which further explains that the system can align the vehicles and spout based on the target fill zone. Finally see again [Nykamp, pg. 4, para 0040], which explains that the spout fills the target fill zone according to the fill sequence, or plan.
Nykamp does not disclose: […] access historic fill level information indicative of a prior fill level of material loaded into the receiving vehicle during a previous unloading operation […] and to access historic weight information indicative of a prior weight of material loaded into the receiving vehicle during a previous unloading operation; and set a desired fill level based on the historic fill level information and the historic weight information […].
However, Puryk teaches: […] access historic fill level information indicative of a prior fill level of material loaded into the receiving vehicle during a previous unloading operation […] and to access historic weight information indicative of a prior weight of material loaded into the receiving vehicle during a previous unloading operation; and set a desired fill level based on the historic fill level information and the historic weight information […]. See again [Puryk, pg. 4, para 0065], which explains creating a fill model using historical values and comparing to the current fill state. Also see again [Puryk, pg. 5, para 0079], which explains that the fill model can be used to achieve the target fill by controlling unloading.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Puryk to use historic information, such as weight and fill data, to control unloading. Doing so allows the system to preserve operations when the system cannot detect the current fill state [Puryk, pg. 5, para 0079], while still minimizing material loss [Puryk, pg. 4, para 0065].
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Puryk and Suleman, further in view of Van Mill.
Regarding Claim 21, Nykamp as modified discloses the limitations of Claim 19.
Nykamp further discloses: (Previously Presented) […] wherein the weight […] by a sensor positioned on the receiving vehicle. See again [Nykamp, pgs. 5-6, para 0053], which explains that the receiving vehicle has sensors for detecting mass, weight, or volume.
Nykamp does not disclose: […] wherein the weight signal is generated by a sensor positioned on the […] vehicle.
However, Van Mill teaches: […] wherein the weight signal is generated by a sensor positioned on the […] vehicle. See [Van Mill, FIG. 3B and pg. 4, para 0039], which shows a vehicle for propelling the receiving cart, using a hitch, “[…], as shown in the FIG. 3B, a vehicle (e.g., tractor) 200 may tow the cart 100. In some embodiments, the hitch 116 of the cart 100 may connect the cart 100 to the vehicle 200,” and see again [Van Mill, pg. 5, paras 0042-0043], which explain that load sensors, of a scale system or hitch system of the pulling vehicle, can detect the weight of the material and communicate using the wireless communication system.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify Nykamp with Van Mill to include detecting a weight signal from the following vehicle using a sensor. Doing so allows for determining if a load imbalance exists which can help prevent a rollover, instability of the cart, equipment stress or failure, and inadequate traction [Van Mill, pg. 5, paras 0042-0043], especially in instances of uneven terrain [Van Mill, pg. 9, para 0070].
Conclusion
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/E.M.H./Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664