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 .
Status of Claims
This office action is in response to application number 18/358,401 filed on 01/09/2026 in which
Claims 1-21 are presented for examination. Applicant amends Claims 1-12, 14-16, and 18-20, cancels Claims 13 and 17, and adds new Claim 21.
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 1/9/202, with respect to drawings have been fully considered but are not fully persuasive. Applicant argues that they are not required to update each reference character with a unique name because “the same part of an invention appearing in more than one view of the drawing must always be designated by the same reference character, and the same reference character must never be used to designated different parts.” In light of the amendments and this argument, Examiner provides an updated objection regarding FIGs. 4A, 4B, and 6-8. Further details are provided below. The remaining objections to the of 10/10 have been withdrawn.
Applicant’s arguments, see pgs. 9 and 12, filed 1/9/2026, with respect to the objections to the specification have been fully considered and are persuasive. The objections to the specification set forth in the office action of 10/10/2025 have been withdrawn.
Applicant’s amendments and arguments, see pgs. , filed 1/9/202, with respect to the have been fully considered and are persuasive. The of 10/10 has been withdrawn.
Applicant’s amendments and arguments, see pgs. , filed 1/9/202, with respect to the have been fully considered but are not fully persuasive. The rejection of Claims 6-7, 13, and 18 under 35 U.S.C. 112(b) of 10/10 have been withdrawn. The rejection of Claim 12 under 35 U.S.C. 112(b) of 10/10 is maintained. In light of the amendments to the claims, new rejections under 35 U.S.C. 112(b) are made. Further details are provided below.
In light of the amendments to the claims, new rejections under 35 U.S.C. 101 are made. Further details are provided below.
Applicant’s amendments and arguments, see pgs. , filed 1/9/202, with respect to the have been fully considered but are not persuasive. Further, Applicant’s arguments are moot because they are directed towards the amendments to the claims, and therefore, the of 10/10 is maintained. However, Examiner would like to address Applicant’s arguments below. Finally, in light of the amendments, an updated rejection to Claims 1-20 and new Claim 21 under 35 U.S.C. 103 is made. Further details are provided below.
Applicant states that Brockman discuses a method for directing transport of vehicles based on parameters of a paving train machine at a worksite for roadway resurfacing and therefore cannot teach performing agricultural unloading in a field. Examiner respectfully disagrees. The office action of 10/10/2025 does not rely on Brockman to teach an agricultural operation or machine and instead relies on Brockman to teach other recited claim limitations, including receiving and comparing weight values, controlling a material conveyance subsystem, and managing a fill pattern using at least a material density. Although Brockman does not discuss an agricultural application, MPEP 2141.01(a) states that “A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem); or (2) the reference is reasonably pertinent to the problem faced by the inventor (even if it is not in the same field of endeavor as the claimed invention). Note that "same field of endeavor" and "reasonably pertinent" are two separate tests for establishing analogous art; it is not necessary for a reference to fulfill both tests in order to qualify as analogous art. See Bigio, 381 F.3d at 1325, 72 USPQ2d at 1212.” Brockman is “reasonably pertinent” as it discusses the same problem faced by the inventor for managing coordination of a work machine, or transferring vehicle, and a receiving vehicle, including at least accounting for variance in material properties, such as material weight and density, and limitations of the receiving vehicle, such as vehicle weight limits, volumetric capacity, or shape, and finally managing a conveyor system.
Applicant further argues that Brockman determines a fill level sum or remaining fill time for the transport vehicle based on multiple inputs, where the controller receives inputs from the transport vehicle, including current and target fill, and compares them to determine a fill and a remaining fill time. And further, that Brockman only uses multiple inputs to determine an output, and does not discuss that any one of the inputs is based on any one of the other inputs, as recited in the claim language, “comparing the desired weight value to the weight value of the material in the receiving vehicle.” As stated above, Applicant’s arguments are moot because they are directed to the amendments of Claim 1, where the original claim language of Claims 1 and 5 does not discuss that any one of the inputs is based on any one of the other inputs, and instead, is only limited to comparing weight values or detecting a fill level. However, the amended Claim 1 language does recite comparing an identified weight value with a desired weight value, detecting a fill level, and generating a desired fill level based on the weight comparison and the fill level. And Examiner would like to note that Brockman does discuss the amended limitations. Brockman, [pgs. 3-4 , para 0030] states that the values are determined in conjunction with the known values of the machine and further that “controller 44 can compare the mass flow rate {dot over (m)}, volume flow rate {dot over (V)}, 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.” Therefore, Brockman does discuss that there is a dependency, and comparison made, between a weight, a weight limit or target weight and fill level, with a target fill level, as similarly indicated in the application drawings, for example FIGs. 4A-4B. Further details are provided in the updated rejection of Claims 1-20 under 35 U.S.C. 103 below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because the following reference characters have been used to designate the same parts:
FIG. 4A, 178 and 198; FIG. 4B, 230: “other item(s)”,
FIG. 4B, 238 and 216: “other functionality”,
FIG. 6, 322; FIG. 8, 367: “other information”, and
FIG. 6, 306; FIG. 7, 334 and 340; FIG.8, 366 and 356: “other way(s)”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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 1 (line recite the limitation "the unloading operation.” There is insufficient antecedent basis for this limitation in the claim. For examination purposes, Claim 1 will be read as “an unloading operation” and Claims 4-7 and 11 will be read as “the unloading operation.”
Claim 10 (line recite the limitation "the material conveyance subsystem.” There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the historic level information.” There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recite the limitation "material.” “Material” is already defined in Claim 19 (line 1). For clarity, Claim 20 should recite “the .”
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.
Claims 2-3, 8-9, and 14 are rejected by dependency on Claim 1 and Claim 21 is rejected by dependency on Claim 19.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 15-16 and 18-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claims comprise a memory. As explained in U.S. Patent & Trademark Office, Subject Matter Eligibility of Computer-Readable Media, 1351 Off. Gaz. Pat. Office 212 (Feb. 23, 2010):
The United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zietz, 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2.
The USPTO recognizes that applicants may have claims directed to computer readable media that cover signals per se, which the USPTO must reject under 35 U.S.C. § 101 as covering both non-statutory subject matter and statutory subject matter. In an effort to assist the patent community in overcoming a rejection or potential rejection under 35 U.S.C. § 101 in this situation, the USPTO suggests the following approach. A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claim. Cf Animals - Patentability, 1077 Off Gaz. Pat. Office 24 (April 21, 1987) (suggesting that applicants add the limitation "non-human" to a claim covering a multi¬ cellular organism to avoid a rejection under 35 U.S.C. § 101). Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se. The limited situations in which such an amendment could raise issues of new matter occur, for example, when the specification does not support a non-transitory embodiment because a signal per se is the only viable embodiment such that the amended claim is impermissibly broadened beyond the supporting disclosure. See, e.g., Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473 (Fed. Cir. 1998).
Claims 16, 18, and 20-21 are dependent on Claims 15 and 19 respectively. Accordingly, Claims 15-16 and 18-21 are rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
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, 14-15, and 18 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").
Regarding Claim 1, Nykamp discloses: 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 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; comparing the desired weight value to the weight of the material in the receiving vehicle to obtain a comparison result; […]; generating a desired fill level of the material in the receiving vehicle based on the comparison result and the fill level.
However, Brockman teaches: identifying a desired weight value corresponding to the receiving vehicle; comparing the desired weight value to the weight of the material in the receiving vehicle to obtain a comparison result; […]; generating a desired fill level of the material in the receiving vehicle based on the comparison result 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].
Regarding Claim 2, Nykamp as modified discloses the limitations of Claim 1.
Nykamp further discloses: 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 . 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: wherein generating the desired fill level of the material in the receiving vehicle 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: controlling the 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: controlling the unloading operation comprises: 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: wherein controlling the unloading operation one of: controlling […] a of the agricultural harvester […]; or controlling […] operation of an auger of the agricultural harvester […].
Nykamp does not explicitly disclose: controlling repositioning of a desired fill level ; or controlling a stoppage operation of an auger […] based on the desired fill level. See again [Nykamp, FIG. 4A and pg. 2, paras 0025-0028], which does explain that unloading is controlled in part by controlling the movement of a spout or rotation of an auger.
However, Brockman teaches: controlling repositioning of a 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: controlling the unloading operation one of: controlling a travel speed of the agricultural harvester 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: 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 unloading operation based on . 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: 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 unloading operation based on . 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: 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: 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: generating the 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: generating the 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].
Regarding Claim 15, Nykamp discloses: An agricultural system an agricultural harvester that performs an unloading operation at a field; a receiving vehicle that receives material from the agricultural harvester during the unloading operation at the field; one or more processors; and 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: weight signals corresponding to a weight of the material in the receiving vehicle; […]; identify a fill level of the material in the receiving agricultural vehicle; […]; and to 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: compare the desired weight value to the weight of the material in the receiving vehicle to obtain a comparison result; […]; generate a desired fill level of the material in the receiving vehicle based on the comparison result and the fill level and; […].
However, Brockman teaches: identify a desired weight value corresponding to the receiving vehicle: compare the desired weight value to the weight of the material in the receiving vehicle to obtain a comparison result; […]; generate a desired fill level of the material in the receiving vehicle based on the comparison result and the fill level and; […]. 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].
Regarding Claim 18, Nykamp as modified discloses the limitations of Claim 15.
Nykamp does not explicitly disclose: wherein the instructions, when executed by the one or more processors, configure the one or more processors to ; generate the desired ; and desired fill . 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: wherein the instructions, when executed by the one or more processors, configure the one or more processors to ; generate the desired ; and desired fill . 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].
Claims 8-9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Brockman and 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: generating with a scale on the receiving vehicle, the weight signal
However, Van Mill teaches: generating with a scale on the receiving vehicle, the weight signal 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: 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 16, Nykamp as modified discloses the limitations of Claim 15.
Nykamp further discloses: 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 […]; 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 10 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Brockman and Van Mill, and further in view of Puryk et al., PG Pub US-2021/0195840-A1 (herein "Puryk").
Regarding Claim 10, Nykamp as modified discloses the limitations of Claim 9.
Nykamp does not disclose: identifying a communication latency comprising an estimated amount of time between generating the weight signal and receiving the weight signal; and controlling the material conveyance subsystem based on the communication latency.
However, Puryk teaches: identifying a communication latency comprising an estimated amount of time between generating the weight signal and receiving the weight signal; and controlling the material conveyance subsystem based on the communication latency. See [Puryk, Abstract], which explains that the system outputs signal 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.” See also [Puryk, pg. 16, para 0161], which defines the fill state 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 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.” 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].
Regarding Claim 21, Nykamp as modified discloses the limitations of Claim 19.
Nykamp further discloses: 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].
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nykamp in view of Puryk.
Regarding Claim 19, Nykamp discloses: A control system controlling unloading of material from an agricultural harvester 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 one or more processors, configure the one or more processors to: the material in the receiving vehicle; signal corresponding to a weight of the material in the receiving vehicle; […] , 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 generating the weight signal and receiving the weight signal; or an actuator latency comprising an estimated amount of time between controlling the material conveyance subsystem to turn off and the material conveyance subsystem being turned off; […] control a controllable subsystem to perform an unloading operation based on the fill level of material, the weight […], and processing latency.
However, Puryk teaches: identify a processing latency, the processing latency being one of: a communication latency comprising an estimated amount of time between generating the weight signal and receiving the weight signal; or an actuator latency comprising an estimated amount of time between controlling the material conveyance subsystem to turn off and the material conveyance subsystem being turned off; […] control a controllable subsystem to perform an unloading operation based on the fill level of material, the weight […], and processing latency. See again [Puryk, Abstract], which explains that the system outputs signal to adjust a material unloading time or rate based on the dynamic model determined by the fill characteristics. Also see again [Puryk, pg. 16, para 0161], which defines the fill state by measured height, mass, and volume. Also see again [Puryk, pgs. 12-13, para 0135], which explains that the system adjusts controls based on time and rate using timestamped signals and sampling times and [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].
Regarding Claim 20, Nykamp as modified discloses the limitations of Claim 19.
Nykamp further discloses: wherein the instructions, when executed by the one or more processors, configured the one or more processors to wherein the instructions, when executed by the one or more processors, configured the one or more processors to generate the control signal to control the controllable subsystem to perform further on 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; […] set a desired fill level based on the historic 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; […] set a desired fill level based on the historic 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].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MARIE HARTMANN whose telephone number is (571)272-5309. The examiner can normally be reached M-F 7-5.
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/E.M.H./Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664