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 the application filed on 02/05/2024. Claims 1-11 are presently pending and are presented for examination.
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.
Claims 1 and 6 are rejected under 35 U.S.C. § 103 as being unpatentable over Kirk et al., US-20170013783-A1, in view of Diekhans, EP-1380204-A1, hereinafter referred to as Kirk, and Diekhans.
As per claim 1
Kirk discloses [a] baler implement comprising (a baler with the kicker assembly 56 in the home position – Kirk Fig 2 (58, 59, 154) & Fig 3 (35, 58, 59) + ¶51);
a baling chamber operable for receiving a crop and compressing the crop into a bale (baler has a pick-up assembly 14 including a center-gathering stub auger 15 – Kirk Fig 1 (14-16) + ¶49);
a pick-up unit operable to gather the crop and move the crop into the baling chamber (baler has a pick-up assembly 14 including a center-gathering stub auger 15 – Kirk Fig 1 (14-16) + ¶49);
a discharge unit moveable between a first position closing the baling chamber for forming the bale therein, and a second position opening the baling chamber for unloading the bale from the baling chamber (baler 10 includes a tailgate 59 that opens and closes around pivot point 61 – Kirk Fig 2 (58, 59, 154) & Fig 3 (35, 58, 59) + ¶50);
an actuator coupled to the discharge unit and operable to move the discharge unit between the first position and the second position (A hydraulic lift cylinder 134 can be used for opening and closing the tailgate 59, actuator 142 of the bale kicker assembly 56 includes a pair of double-acting hydraulic cylinders 154 (only one being shown) on opposite sides of the baler and a pair of brackets 156 swingably attached to the support members 152 by the same pivots 150 used for the push bar 58 – Kirk Fig 2 (58, 59, 154) + ¶51 & ¶52);
an acceleration sensor positioned to detect acceleration of the baler implement and operable to generate an acceleration signal in response to detected acceleration of the baler implement (sensor can detect…an acceleration of a bale off-ramp, can include a sensor can detect an acceleration or a velocity associated with a bale that is in motion. – Kirk ¶8 & ¶47);
a controller disposed in communication with the acceleration sensor for receiving an acceleration signal from the acceleration sensor (sensor can detect…an acceleration of a bale off-ramp, can include a sensor can detect an acceleration or a velocity associated with a bale that is in motion…a processor that can process the data obtained by the sensor – Kirk ¶8).
Kirk does not specifically disclose wherein the controller is configured to control the actuator to move the discharge unit between the first position and the second position based on the acceleration signal from the acceleration sensor.
However, Diekhans teaches wherein the controller is configured to control the actuator to move the discharge unit between the first position and the second position based on the acceleration signal from the acceleration sensor (Factors for the width of the crop passage gap 16 are in particular the crop density, the crop speed and the crop moisture. The crop density and the crop speed are measured in a manner known per se by the sensors 41 in order to determine the throughput in this way. - Diekhans ¶13).
Kirk discloses yield monitoring systems for round baling machines and methods that can provide weight estimations for round bales at the time of formation. Diekhans teaches a device for adjusting the through gap at an after accelerator in an agricultural harvester, especially a self-operating chopper.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kirk, yield monitoring systems for round baling machines and methods that can provide weight estimations for round bales at the time of formation, with a device for adjusting the through gap at an after accelerator in an agricultural harvester, especially a self-operating chopper, as taught by Diekhans, with a reasonable expectation of success to provide an improvement in efficiency of the material delivery, see Diekhans ¶6 for details.
As per claim 6
Kirk discloses [a] method of controlling a baler implement having a pick-up unit for gathering crop from a ground surface and moving the crop into a baling chamber (a baler with the kicker assembly 56 in the home position – Kirk Fig 2 (58, 59, 154) & Fig 3 (35, 58, 59) + ¶51);
the baling chamber configured for compressing the crop into a bale, a discharge unit moveable between a first position for closing the baling chamber for forming the bale and a second position opening the baling chamber for discharging the bale, the method comprising (A hydraulic lift cylinder 134 can be used for opening and closing the tailgate 59, actuator 142 of the bale kicker assembly 56 includes a pair of double-acting hydraulic cylinders 154 (only one being shown) on opposite sides of the baler and a pair of brackets 156 swingably attached to the support members 152 by the same pivots 150 used for the push bar 58 – Kirk Fig 2 (58, 59, 154) + ¶51 & ¶52):
generating an acceleration signal with an acceleration sensor in response to sensing an acceleration of the baler implement after the bale is wrapped and the discharge unit is moved from the second position into the first position (can include a sensor can detect an acceleration or a velocity associated with a bale that is in motion., a single sensor may be utilized that may correspond to a multi-axis accelerometer whose outputs may be used to calculate acceleration of the off-ramp as the bale is unloaded from the baler - Kirk Fig 2 (58, 59, 154) & Fig 3 (35, 58, 59) + ¶47 & ¶80).
Kirk does not specifically disclose controlling an actuator coupled to the discharge unit, with a controller, in response to the acceleration signal.
However, Diekhans teaches controlling an actuator coupled to the discharge unit, with a controller, in response to the acceleration signal (Factors for the width of the crop passage gap 16 are in particular the crop density, the crop speed and the crop moisture. The crop density and the crop speed are measured in a manner known per se by the sensors 41 in order to determine the throughput in this way. - Diekhans ¶13).
Kirk discloses yield monitoring systems for round baling machines and methods that can provide weight estimations for round bales at the time of formation. Diekhans teaches a device for adjusting the through gap at an after accelerator in an agricultural harvester, especially a self-operating chopper.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kirk, yield monitoring systems for round baling machines and methods that can provide weight estimations for round bales at the time of formation, with a device for adjusting the through gap at an after accelerator in an agricultural harvester, especially a self-operating chopper, as taught by Diekhans, with a reasonable expectation of success to provide an improvement in efficiency of the material delivery, see Diekhans ¶6 for details.
Claim 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Kirk, and Diekhans, as per claim 6, and further in view of Ertl, US-20240334869-A1, hereinafter referred to as Ertl.
As per claim 10
Kirk does not specifically disclose further comprising the controller initiating a time recording in response to receiving the acceleration signal.
However, Ertl teaches further comprising the controller initiating a time recording in response to receiving the acceleration signal (method 800 combines a peak and valley detector with a timer to measure the time between acceleration peaks and acceleration valleys - Ertl ¶50).
Kirk discloses yield monitoring systems for round baling machines and methods that can provide weight estimations for round bales at the time of formation. Ertl teaches a lawnmower with a timer and accelerometer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Kirk, yield monitoring systems for round baling machines and methods that can provide weight estimations for round bales at the time of formation, with a lawnmower with a timer and accelerometer, as taught by Ertl, with a reasonable expectation of success to increase safety to the user, and improve operation of the lawnmower, see Ertl ¶65 for details.
Allowable Subject Matter
Claims 2-5, 7-9, and 11 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIS ASIM SHAIKH whose telephone number is (571)272-6426. The examiner can normally be reached 8:00-5:30 M-F EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey S. Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/F.A.S./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668