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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4-8, 11, and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scrivner (US 2015/0362904).
Regarding claim 1, Scrivner discloses an agricultural system for adjusting a base cutter of an agricultural harvester, the agricultural system comprising:
a frame member [22];
a first row divider [32, as seen in the annotated Fig. 6A below] supported by the frame member [22] (Page 2 section 0029 disclose the row dividers [32] are supported by the chassis/frame member [22]) relative to a surface of a field, the first row divider [32] being movable relative to the frame member [22] (Page 3 section 0036 lines 1-5);
a second row divider [32, as seen in the annotated Fig. 6A below)] supported by the frame member [22] relative to the surface of the field, the second row divider [32] being movable relative to the frame member [22] independently of the first row divider [32] (Section 0065 discloses the left/first and right/second row dividers may move independently from each other.), the second row divider [32] being spaced apart from the first row divider [22] in a lateral direction (as seen in the annotated Fig. 6A below);
a first base cutter [34, 38] supported by the frame member [22] relative to the surface of the field, the first base cutter [34, 38] being selectively movable relative to the frame member [22] (via actuator [162], the first base cutter [34, 38] being positioned between the first and second row dividers [32] in the lateral direction (The first base cutter [34, 38] is seen between the first and second row dividers [32] in the lateral direction in Fig. 6A.);
a first base cutter actuator [162] configured to selectively move the first base cutter [34, 38] relative to the frame member [22];
at least one divider sensor [62, 64, 144] configured to generate data indicative of a position of the first row divider [32] relative to the frame member [32] and a position of the second row divider [22] relative to the frame member [22] (Page 3 section 0034 lines 2-10 disclose first and second divider row sensors [62, 64] for independently determining the position of the first and second row dividers [22] relative to the frame member [22]. Page 4 section 0046 lines 1-5 disclose the divider position sensors [62, 64, 144] determining the position of the divider [32] relative to the frame member [32]),
a computing system [58] configured to:
receive the data generated by the at least one divider sensor [144];
determine the position of the first row divider [32] relative to the frame member [22] and the position of the second row divider [32] relative to the frame member [22] based at least in part on the data generated by the at least one divider sensor [62, 64, 144] (Page 6 section 0065 lines 1-9 disclose the controller [58] receiving the position of the divider [32] relative to the frame member [22] from the at least one divider sensor [144]. As the first and second row dividers are controlled independently, the positional data would be collected from both row dividers.);
and control an operation of the first base cutter actuator [162] to adjust a position of the first base cutter [34, 38] relative to the surface of the field based at least in part on the position of the first row divider [32] relative to the frame member [22] and the position of the second row divider [32] relative to the frame member (Page 6 section 0066 lines 1-4 disclose how the base cutter is adjusted based on the position of the divider [32] which will naturally move relative the frame member [22] to which it is attached.).
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Regarding claim 4, Scrivner discloses the agricultural system of claim 1, further comprising:
a third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] supported by the frame member relative to the surface of the field (Page 3 section 0038 lines 1-9 disclose multiple support modules [70] as seen in Fig. 6A supported at multiple lateral points across the frame member [22].), the third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] being movable relative to the frame member [22] independently of the first row divider [32, as seen in the annotated Fig. 6A above] and the second row divider [32, as seen in the annotated Fig. 6A above], the third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] being spaced apart from the second row divider [32, as seen in the annotated Fig. 6A above] in the lateral direction, the second row divider [32, as seen in the annotated Fig. 6A above] being between the first and third row dividers [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] in the lateral direction (The third row divider is part of a different module [70] than the first and second row dividers and therefore may be controlled independently.);
a second base cutter [34, 38, of the second support module [70] located next to the support module [70] comprising the first base cutter] supported by the frame member [22] relative to the surface of the field, the second base cutter [34, 38] being selectively movable relative to the frame member [22], the second base cutter [34, 38] being positioned between the second [32, as seen in the annotated Fig. 6A above] and third row dividers [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] in the lateral direction (as seen in the annotated Fig. 6A above);
and a second base cutter actuator [162] configured to selectively move the second base cutter [34, 38] relative to the frame member [22], independently of movement of the first base cutter [34, 38] relative to the frame member [22], wherein the data generated by the at least one divider sensor [62, 64, 144] is further indicative of a position of the third row divider [32] relative to the frame member [22] (Each support module [70] comprises a base cutter actuator [162] to independently move the base cutters [34, 38] of each module.), and wherein the computing system [58] is further configured to:
determine the position of the third row divider [32] relative to the frame member [22] based at least in part on the data generated by the at least one divider sensor [62, 64, 144];
and control an operation of the second base cutter actuator [162] to adjust a position of the second base cutter [34, 38] relative to the surface of the field based at least in part on the position of the third row divider [32] relative to the frame member [22] and the position of the second row divider [32] relative to the frame member [22] (Page 6 section 0066 lines 1-4 disclose how the base cutters are adjusted based on the position of the dividers [32] which are detected by sensors [62, 64, 144] including the third row divider which will naturally move relative the frame member [22] to which it is attached.).
Regarding claim 5, Scrivner discloses the agricultural system of claim 1, wherein the at least one divider sensor [62, 64, 144] comprises a first divider sensor [62] and a second divider sensor [64],
wherein the first divider sensor [62] is coupled between the frame member [22] and the first row divider [32, as seen in annotated Fig. 6A above], the first divider sensor [62] being configured to determine a position of the first row divider [32, as seen in annotated Fig. 6A above] relative to the frame member [22] (Page 3 section 0034 lines 2-6 discloses the first divider sensor [62] is located near the first row divider [32]),
the position of the first row divider [32, as seen in annotated Fig. 6A above] relative to the frame member [22] being indicative of the position of the first row divider [32, as seen in annotated Fig. 6A above] relative to the frame member [22] (Page 3 section 0034 lines 2-6 discloses that the first divider sensor [62] determines the position of the first row divider [32] relative to the frame member [22]),
and wherein the second divider sensor [64] is coupled between the frame member [22] and the second row divider [32, as seen in annotated Fig. 6A above] (Page 3 section 0034 lines 2-6 discloses the second divider sensor [64] is located near the second row divider [32]),
the second divider sensor [64] being configured to determine a position of the second row divider [32, as seen in annotated Fig. 6A above] relative to the frame member [22], the position of the second row divider [32, as seen in annotated Fig. 6A above] relative to the frame member [22] being indicative of the position of the second row divider [32, as seen in annotated Fig. 6A above] relative to the frame member [22] (Page 3 section 0034 lines 2-6 discloses that the second divider sensor [64] determines the position of the second row divider [32] relative to the frame member [22]).
Regarding claim 6, Scrivner discloses the agricultural system of claim 5, wherein each of the first and second divider sensors [62, 64, 144] comprises at least one of a linear position sensor or an angular position sensor (Section 0046 lines 1-5 discloses the first and second divider sensors [144] comprise a linear position sensor.).
Regarding claim 7, Scrivner discloses the agricultural system of claim 1, wherein the first base cutter actuator [162] is coupled between the first base cutter [38] and the frame member [22] (The base cutter actuator [162] is seen between the base cutter [38] and the frame member [22], the frame member [22] located to the rear as seen in Fig. 2 ).
Regarding claim 8, Scrivner discloses the agricultural system of claim 1, wherein the first base cutter actuator [162] is at least one of a linear actuator or a rotary actuator (Page 5 section 0051 lines 13-19 disclose a linear actuator may be used to support the base cutter [38].).
Regarding claim 11, Scrivner discloses an agricultural method for adjusting a base cutter [34, 38] of an agricultural harvester (as seen in Fig. 1), the agricultural harvester (as seen in Fig. 1) comprising a frame member [22], a first row divider [32, as seen in annotated Fig. 6A above] supported by the frame member [22] relative to a surface of a field, a second row divider [32, as seen in annotated Fig. 6A above] supported by the frame member [22] relative to the surface of the field, the second row divider [32, as seen in annotated Fig. 6A above] being movable relative to the frame member [22] independently of the first row divider [32, as seen in annotated Fig. 6A above] (Section 0065 discloses the left/first and right/second row dividers may move independently from each other.),
the agricultural harvester (as seen in Fig. 1) further comprising a first base cutter [34, 38] supported by the frame member [22] relative to the surface of the field, the first base cutter [34, 38] being positioned between the first and second row dividers [32, as seen in the annotated Fig. 6A above] in a lateral direction (The first base cutter [34, 38] is seen between the first and second row dividers [32, as seen in the annotated Fig. 6A above] in the lateral direction in Fig. 6A.), the method comprising:
receiving, with a computing system [58], data generated by at least one divider sensor [62, 64, 144], the data being indicative of a position of the first row divider [32, as seen in the annotated Fig. 6A above] relative to the frame member [22] and a position of the second row divider [32, as seen in the annotated Fig. 6A above] relative to the frame member [22] (Page 3 section 0034 lines 2-10 disclose first and second divider row sensors [62, 64] for independently determining the position of the first and second row dividers [22] relative to the frame member [22]. Page 4 section 0046 lines 1-5 disclose the divider position sensors [62, 64, 144] determining the position of the divider [32] relative to the frame member [32]);
determining, with the computing system [58], the position of the first row divider [32, as seen in the annotated Fig. 6A above] relative to the frame member [22] and the position of the second row divider [32, as seen in the annotated Fig. 6A above] relative to the frame member [22] based at least in part on the data;
and controlling, with the computing system [58], an operation of a first base cutter actuator [162] to adjust a position of the first base cutter [34, 38] relative to the surface of the field based at least in part on the position of the first row divider [32, as seen in the annotated Fig. 6A above] relative to the frame member [22] and the position of the second row divider [32, as seen in the annotated Fig. 6A above] relative to the frame member [22] (Page 6 section 0066 lines 1-4 disclose how the base cutter is adjusted based on the position of the divider [32] which will naturally move relative the frame member [22] to which it is attached.).
Regarding claim 14, Scrivner discloses the agricultural method of claim 11, wherein the agricultural harvester further comprises:
a third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] supported by the frame member [22] relative to the surface of the field (Page 3 section 0038 lines 1-9 disclose multiple support modules [70] as seen in Fig. 6A supported at multiple lateral points across the frame member [22].), the third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] being movable relative to the frame member [22] independently of the first row divider [32, as seen in the annotated Fig. 6A above] and the second row divider [32, as seen in the annotated Fig. 6A above], the third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] being spaced apart from the second row divider [32, as seen in the annotated Fig. 6A above] in the lateral direction, the second row divider [32, as seen in the annotated Fig. 6A above] being between the first [32, as seen in the annotated Fig. 6A above] and third row dividers [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] in the lateral direction (The third row divider is part of a different module [70] than the first and second row dividers and therefore may be controlled independently.);
and a second base cutter [34, 38, of the second support module [70] located next to the support module [70] comprising the first base cutter] supported by the frame member [22] relative to the surface of the field, the second base cutter [34, 38, of the second support module [70] located next to the support module [70] comprising the first base cutter] being selectively movable relative to the frame member [22] via a base cutter actuator [162], the second base cutter [34, 38, of the second support module [70] located next to the support module [70] comprising the first base cutter] being positioned between the second [32, as seen in the annotated Fig. 6A above] and third row dividers [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] in the lateral direction, wherein the data generated by the at least one divider sensor [62, 64, 144] is further indicative of a position of the third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] relative to the frame member [22],
and wherein the method further comprises:
determining, with the computing system [58], the position of the third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] relative to the frame member [22] based at least in part on the data generated by the at least one divider sensor [62, 64, 144];
and controlling, with the computing system [58], an operation of a second base cutter actuator [162] to adjust a position of the second base cutter [34, 38] relative to the surface of the field based at least in part on the position of the third row divider [32 of the support module [70] next to the support module seen in the annotated Fig. 6A above] relative to the frame member [22] and the position of the second row divider [32, as seen in the annotated Fig. 6A above] relative to the frame member [22] (Page 6 section 0066 lines 1-4 disclose how the base cutters are adjusted based on the position of the dividers [32] which are detected by sensors [62, 64, 144] including the third row divider which will naturally move relative the frame member [22] to which it is attached.).
Regarding claim 15, Scrivner discloses the agricultural method of claim 11, wherein the at least one divider sensor [62, 64, 144] comprises a first divider sensor [62] and a second divider sensor [64], wherein the first divider sensor [62] is coupled between the frame member [22] and the first row divider [32, as seen in the annotated 6A above] (Page 3 section 0034 lines 2-6 discloses the first divider sensor [62] is located near the first row divider [32]),
the first divider sensor [62] being configured to determine a position of the first row divider [32, as seen in the annotated 6A above] relative to the frame member [22], the position of the first row divider [32, as seen in the annotated 6A above] relative to the frame member [22] being indicative of the position of the first row divider [32, as seen in the annotated 6A above] relative to the frame member [22] (Page 3 section 0034 lines 2-6 discloses that the first divider sensor [62] determines the position of the first row divider [32] relative to the frame member [22]),
and wherein the second divider sensor [64] is coupled between the frame member [22] and the second row divider [32, as seen in the annotated 6A above] (Page 3 section 0034 lines 2-6 discloses the second divider sensor [64] is located near the second row divider [32]),
the second divider sensor [64] being configured to determine a position of the second row divider [32, as seen in the annotated 6A above] relative to the frame member [22], the position of the second row divider [32, as seen in the annotated 6A above] relative to the frame member [22] being indicative of the position of the second row divider [32, as seen in the annotated 6A above] relative to the frame member [22] (Page 3 section 0034 lines 2-6 discloses that the second divider sensor [64] determines the position of the second row divider [32] relative to the frame member [22]).
Regarding claim 16, Scrivner discloses the agricultural method of claim 15, wherein each of the first and second divider sensors [62, 64, 144] comprises at least one of a linear position sensor or an angular position sensor (Section 0046 lines 1-5 discloses the first and second divider sensors comprise a linear position sensor.).
Regarding claim 17, Scrivner discloses the agricultural method of claim 11, wherein the first base cutter actuator [162] is coupled between the first base cutter [34, 38] and the frame member [22] (The base cutter actuator [162] is seen between the base cutter [38] and the frame member [22], the frame member [22] located to the rear as seen in Fig. 2 ).
Regarding claim 18, Scrivner discloses the agricultural method of claim 11, wherein the first base cutter actuator [162] is at least one of a linear actuator or a rotary actuator (Page 5 section 0051 lines 13-19 disclose a linear actuator may be used to support the base cutter [38].).
Allowable Subject Matter
Claims 2-3, 9-10, 12-13, and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 2 and 12 are objected to as the cited art does not disclose the comparison of the position of the first and second row divider and subsequently controlling the first base actuator based on said comparison. Claims 9 and 19 are objected to as the cited prior art does not disclose a feedback sensor that specifically determines the position of the first base cutter relative to a frame member and wherein a computing system inputs that feedback data to be determined with the position of a first and second row divider to determine a base cutter position. The following dependent claims 3, 10, 13, and 20 are allowable depending the allowance of independent claims 2, 9, 12, and 19 respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sarchi (WO 2015/003058) discloses a method and apparatus for control of base cutter height for multiple row sugar cane harvesters. De Camargo (US D954,112 S) discloses a header for a sugarcane harvester.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY A KAERCHER whose telephone number is (571)270-0128. The examiner can normally be reached M-Th (7-11 AM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Rocca can be reached at 571-272-8971. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHLEY A KAERCHER/ Examiner, Art Unit 3671 5/27/2026
/JUSTIN C MIKOWSKI/ Supervisory Patent Examiner, Art Unit 3673
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