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 .
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.
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 22nd, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-9, 11-12 and 16-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Phelan et al. (EP Patent Pub. No. 2 960 634 B1), herein “Phelan”, published April 22nd, 2020.
Regarding Claims 1, 16 and 19, Phelan discloses a crop measurement system and method for an agricultural machine, comprising:
a tank configured to store harvested crop (See 0008, “[…] grain tank 11 comprises a grain receptacle to receive grain as or while it is being harvested […] incorporated as part of a machine or harvester harvesting the grain, such as a combine […]”);
a crop conveyer configured to provide the harvested crop to the tank (See 0022, “[…] the grain exits chute 26 and falls toward floor 142 of grain tank […]”);
at least one weight sensor configured to measure the weight of a portion of the harvested crop stored in the tank, the portion being that which is positioned above the at least one weight sensor (See 0029-0030, “[…] the weight and the mass of the grain above surface 140 may be determined […] provide a pressure reading from the grain located above a portion of the sensor […] each of sensors 126, 130, 134 is in direct contact with a portion of the grain within grain tank […] senses the weight of the volume or columnar portion of grain vertically above the sensing surfaces 140, 164, 165 within grain tank […] ”);
(per Claim 1 only) at least one image sensor configured to capture one or more images indicative of the dimensions of the harvested crop stored in the tank and the location of the harvested crop stored in the tank (See Claim 5, “[…] at least one sensor (13, 113, 126, 170) is a camera (170) capturing a contour of an upper surface of the pile (154, 160) of the grain within the grain tank (11).” See also 0041, “[…] signals of the first sensor and second sensor are fit to the predicted shape of the pile of grain there by determining the position of the pile of grain within the grain tank […]”); and
a controller configured to:
receive one or more signals from the at least one weight sensor indicative of the weight of the portion of the harvested crop measured by the at least one weight sensor (See 0029-0030 as referenced above and 0004, “[…] determining a change of mass of at least a first portion of grain in a grain tank over a period of time as a function of signals received from at least one sensor […]”);
receive one or more signals from the at least one image sensor indicative of the dimensions of the harvested crop stored in the tank and the location of the harvested crop stored in the tank (See Claim 5 and 0041 as referenced above. See also 0056, “[…] flow estimator 14 receives signals from sensor 170 and determines a volume of a particular portion of the pile of grain.” Examiner notes sensor 170 is defined as a camera sensor); and
determine the mass of the harvested crop stored in the tank based on the one or more signals received from the at least one weight sensor and the one or more signals received from the at least one image sensor (See 0004 as referenced above and 0057, “[…] based upon changes in the weight of the individual portions of the pile of grain extending above sensing elements 126, 130, 134 and the shape of the pile of grain accumulating within grain tank […]”).
Regarding Claim 2, Phelan further discloses the crop measurement system of claim 1, wherein the controller is configured to determine the mass of the harvested crop stored in the tank further based on the location of the at least one weight sensor (See 0029-0030 as referenced above and 0037, “[…] the location of the sensors 126, 130 and 134 and any additional sensors within grain tank 11 are known and/or determined prior to grain being deposited into grain tank […]”).
Regarding Claims 4 and 20, Phelan further discloses the crop measurement system of claim 1 and method of claim 19, wherein the controller is configured to determine the mass of a remaining portion of harvested crop stored in the tank based on the dimensions of the harvested crop stored in the tank, the location of the harvested crop stored in the tank relative to the location of the at least one weight sensor, and the one or more signals received from the at least one weight sensor (See 0037-0038, “[…] the ratio of the volume and mass of the portion of grain located directly above a given sensor relative to the entire pile of grain is known, the mass of the entire volume of the pile of grain is determined based at least in part on the mass detected by a given sensor. Signals from multiple sensors provides enhanced accuracy to the total mass of the entire pile of grain.”);
wherein the remaining portion of harvested crop stored in the tank is the harvested crop stored in the tank excluding the portion of harvested crop measured by the at least one weight sensor (See 0037-0038 as referenced above. Examiner notes the grain not included in the volume and mass measurements of the grain directly above a given weight sensor is the remaining portion of the grain); and
(per Claim 20 only) determine the mass of the harvested crop stored in the tank based on the mass of the portion of harvested crop stored in the tank and the mass of the remaining portion of harvested crop stored in the tank (See 0037-0038 as referenced above. Examiner notes aggregating the detected mass or weight of the grain above all given weight sensors in the tank determines the volume, mass and weight of the entire pile of grain).
Regarding Claim 5, Phelan further discloses the crop measurement system of claim 1, wherein the controller is configured to determine the dimensions of the portion of harvested crop stored in the tank and the dimensions of a remaining portion of harvested crop stored in the tank based on the location of the harvested crop stored in the tank relative to the location of the at least one weight sensor (See 0024, “[…] there may be more than one region of the grain pile that is higher than other regions […] the pile of grain includes a first portion having a greater height from the ground than other portions of the pile of grain within the grain tank.” See also 0028, “[…] general shape of the grain pile may be determined based on the known shape of grain tank 11, the location of chute 26 relative to grain tank.”); and
wherein the remaining portion of harvested crop stored in the tank is the harvested crop stored in the tank excluding the portion of harvested crop measured by the at least one weight sensor (See 0037-0038 as referenced above).
Regarding Claim 6, Phelan further discloses the crop measurement system of claim 5, wherein the controller is configured to determine the mass of a remaining portion of harvested crop stored in the tank based on the dimensions of the portion of harvested crop stored in the tank, the dimensions of the remaining portion of harvested crop stored in the tank, and the one or more signals received from the at least one weight sensor (See 0059, “[…] change of mass and/or volume of at least a first portion of the pile of grain in grain tank 11 over a period of time as a function of signals received from at least one sensor […]” See also Claim 6, “[…] determining the change of mass of the grain within the grain tank (11) over the period of time is further a function of the change of mass of a second portion of grain within the grain tank (11) over the period of time.”).
Regarding Claim 7, Phelan further discloses the crop measurement system of claim 6, wherein the controller is configured to determine the mass of the harvested crop stored in the tank based on the mass of the portion of harvested crop stored in the tank and the mass of the remaining portion of harvested crop stored in the tank (See 0037-0038 as referenced above and 0004, “[…] estimate of the change of mass of at least substantially all of the grain within the grain tank […]”).
Regarding Claim 8, Phelan further discloses the crop measurement system of claim 1, wherein the at least one weight sensor includes a first weight sensor and a second weight sensor (See 0079, “[…] multiple sensors 126, 130, 134 are used and in different locations within grain tank 11 […]”); and
wherein the first weight sensor is located at a different height than the second weight sensor (See 0037-0038 and 0079 as referenced above. Examiner notes multiple sensors are located in different positions within the grain tank, thus allowing multiple measurements of different portions of the grain pile at varying heights).
Regarding Claim 9, Phelan further discloses the crop measurement system of claim 1, wherein the crop conveyer includes an outlet from which harvested crop is provided to the tank (See 0021-0022, “[…] grain mass flow sensor 112 is located proximate an exit 25 of a chute 26 such that harvested grain exiting the chute 26 impacts upon surface 124 of mass flow sensor […] the grain exits chute 26 and falls toward floor 142 of grain tank 11 to form a pile 154 of grain. Pile 154 has a known geometric shape based in part on the geometry of grain tank 11 and the position of chute 26 and the impact surface 124 of mass flow sensor […]”); and
wherein the outlet of the crop conveyer is located at a greater height than the at least one weight sensor (See 0021-0022 as referenced above. Examiner notes grain exits the chute and then falls towards the floor of the tank, making an impact with at least one mass sensor, thus meaning the outlet of the conveyer must be at a greater height than the sensor).
Regarding Claims 11 and 17, Phelan further discloses the crop measurement system of claim 1, wherein the controller is configured to receive a yield measurement of the harvested crop (See 0008, “[…] the grain mass flow estimation system 10 comprises grain tank 11, grain mass flow sensor 12, sometimes referred to as a yield monitor, grain accumulation sensor 13, flow estimator 14 and output […]”);
wherein the controller is configured to determine an adjusted yield value of the harvested crop based on the mass of the harvested crop stored in the tank (See 0083-0086, “[…] grain yield map may be provided showing the mass flow rate of grain for areas of the field or crop being harvested. The grain yield map may be based on the mass flow rate of the mass flow sensor adjusted with the calibration and/or recalibration factor or factors obtained during the calibration process […] multidimensional calibrations may be employed based on moisture of the grain, rate of yield, and / or terrain conditions […]”); and
wherein the controller is configured to determine a yield calibration value for a yield calibration curve based on the yield measurement and the adjusted yield value (See 0083-0086 as referenced above and “[…] different calibration curves may be used to calibrate the mass flow sensor […]”).
Regarding Claims 12 and 18, Phelan further discloses the crop measurement system of claims 11 and 17, wherein the controller is configured to:
receive an additional yield measurement (See 0008 and 0083-0086 as referenced above. See also 0019, “Calibration of the grain mass flow sensor 112 is based upon additional information obtained from grain accumulation sensor […]”);
determine a yield output that is different from the additional yield measurement based on the additional yield measurement and the yield calibration curve (See 0008, 0019 and 0083-0086 as referenced above. See also 0010, “[…] signals output by sensor 13 are alternatively or additionally based upon a detected weight of the grain being accumulated within grain tank […] sensor 13 outputs signals continuously or periodically as the grain is being accumulated […]” Examiner notes determining yield output through a continuous or periodic signal updated as grain is accumulated in the tank is the same as different yield measurements); and
provide the yield output to a user display (See 0015, “[…] output 15 comprises a display or monitor by which the estimated grain flow is presented for viewing by an operator of the harvester, by an off-site manager or other person.”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3 and 13-14 are rejected under 35 U.S.C. 103 as being obvious over Phelan et al. (EP Patent Pub. No. 2 960 634 B1) in view of Koch et al. (US Patent Pub. No. 2016/0037720 A1), herein “Koch”.
Regarding Claim 3, Phelan discloses the crop measurement system of claim 1, but does not explicitly disclose further comprising at least one tilt sensor configured to measure the tilt of the agricultural machine relative to the direction of gravity;
wherein the controller is configured to receive one or more signals from the at least one tilt sensor indicative of the tilt of the agricultural machine relative to the direction of gravity and determine the mass of the harvested crop stored in the tank further based on the one or more signals received from the at least one tilt sensor.
Koch, in a similar field of endeavor, teaches at least one tilt sensor configured to measure the tilt of the agricultural machine relative to the direction of gravity (See 0040, “[…] one or more gyroscopes 345 […]”);
wherein the controller is configured to receive one or more signals from the at least one tilt sensor indicative of the tilt of the agricultural machine relative to the direction of gravity and determine the mass of the harvested crop stored in the tank further based on the one or more signals received from the at least one tilt sensor (See 0056, “[…] sum of the signals multiplied by their individual multipliers is substantially proportional to the weight of the combine […]” See also 0073, “[…] the gyroscope 345 is preferably oriented and configured to send signals to the yield monitor board 310, which signals are related to the pitch and roll of the combine […]”).
In view of Koch’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the crop calibration system using various sensors to detect mass, volume and weight of harvested crop in a tank as disclosed by Phelan, a gyroscope or other tilt sensor to determine relative tilt of the agricultural machine, with a reasonable expectation of success, since compensating for machine orientation effects on sensed crop weight improves mass determination accuracy under varying terrain conditions.
Regarding Claim 13, Phelan discloses the crop measurement system of claim 11, but does not explicitly disclose wherein the controller is configured to adjust a harvesting plan for the agricultural machine based on the yield calibration curve.
Koch, in a similar field of endeavor, teaches the controller is configured to adjust a harvesting plan for the agricultural machine based on the yield calibration curve (See 0041, “[…] display maps overlaying planting information with yield data and to compare planting information to yield data.” See also 0080, “[…] determines whether the roll of the combine is within an acceptable predetermined range using the gyroscope 345. If the roll is acceptable, the combine preferably adjusts the front-axle and dual extensometer signals […]”).
In view of Koch’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the crop calibration system using various sensors to detect mass, volume and weight of harvested crop in a tank as disclosed by Phelan, the ability to adjust a harvesting plan based on the measured calibration curve, with a reasonable expectation of success, since adjusting machine control based on measured performance data is commonly known to improve harvesting efficiency and output.
Regarding Claim 14, Phelan discloses the crop measurement system of claim 1, but does not explicitly disclose wherein the controller is configured to adjust a harvesting plan for the agricultural machine based on the mass of the harvested crop stored in the tank.
Koch, in a similar field of endeavor, teaches the controller is configured to adjust a harvesting plan for the agricultural machine based on the mass of the harvested crop stored in the tank (See 0041 and 0080 as referenced above).
In view of Koch’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the crop calibration system using various sensors to detect mass, volume and weight of harvested crop in a tank as disclosed by Phelan, the ability to adjust a harvesting plan based on the mass of the harvested crop in the tank, with a reasonable expectation of success, since adjusting machine control based on measured performance data is commonly known to improve harvesting efficiency and output.
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Phelan et al. (EP Patent Pub. No. 2 960 634 B1) in view of Fischer et al. (US Patent Pub. No. 2022/0053692 A1), herein “Fischer”.
Regarding Claim 10, Phelan discloses the crop measurement system of claim 9, but does not explicitly disclose wherein the at least one image sensor includes at least one of a first image sensor positioned on the crop conveyor at a greater height than the outlet of the crop conveyor and a second image sensor positioned on the crop conveyor at a lesser height than the outlet of the crop conveyor.
Fischer, in a similar field of endeavor, teaches the at least one image sensor includes at least one of a first image sensor positioned on the crop conveyor at a greater height than the outlet of the crop conveyor and a second image sensor positioned on the crop conveyor at a lesser height than the outlet of the crop conveyor (See 0005, “[…] measuring system at least partly arranged or positioned on the harvested material transport path to analyze the composition and/or contents of the harvested material.” See also 0012, “[…] multiple optical measurements, such as a passive optical measurement from a first, passive optical sensor with another measurement from a second, non-passive optical sensor, are combined […]” See also 0063, “[…] optical sensor 10 may be designed as a line scan camera or area scan camera with sensor elements. The sensor elements may each record locally different pixels of the first field of vision 11 that are, in particular, at a distance from each other […]”).
In view of Fischer’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the crop calibration system using various sensors to detect mass, volume and weight of harvested crop in a tank as disclosed by Phelan, the multiple sensors displaced at varying heights relative to an outlet of the crop conveyer, with a reasonable expectation of success, since placement of multiple optical sensors at different positions along the crop conveyer improves monitoring coverage and increases robustness of harvested crop parameter detection.
Claim 15 is rejected under 35 U.S.C. 103 as being obvious over Phelan et al. (EP Patent Pub. No. 2 960 634 B1) in view of Heitmann et al. (US Patent Pub. No. 2016/0286722 A1), herein “Heitmann”.
Regarding Claim 15, Phelan discloses the crop measurement system of claim 1, wherein the crop conveyer is configured to provide harvested crop processed by the threshing assembly to the tank (See 0021-0022 as referenced above).
But does not explicitly disclose the crop measurement system further comprising a threshing assembly configured to process the harvested crop.
Heitmann, in a similar field of endeavor, teaches a threshing assembly configured to process the harvested crop (See 0002, “[…] combine harvester with a threshing unit for threshing picked-up crop to obtain grain […]”).
In view of Heitmann’s teachings, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include, with the crop calibration system using various sensors to detect mass, volume and weight of harvested crop in a tank as disclosed by Phelan, a threshing assembly for processing the harvested crop, with a reasonable expectation of success, since both are directed towards processing and monitoring harvested grain with a combine, and combining known compatible grain processing and sensing components would have yielded predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Hunt et al. (US Patent Pub. No. 2023/0189708 A1), directed towards a combine harvester with a grain tank and sensor array for detecting grain levels within the tank.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bryant Tang whose telephone number is (571)270-0145. The examiner can normally be reached M-F 8-5 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Worden can be reached at (571)272-4876. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYANT TANG/Examiner, Art Unit 3658
/THOMAS E WORDEN/Supervisory Patent Examiner, Art Unit 3658
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