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 .
Introduction
Claims 1-15 are currently pending in this application and are subject to examination herein.
Information Disclosure Statements
The two (2) information disclosure statements (IDSs) submitted on 02/07/2024 and 06/30/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Interpretation
The Examiner notes that Applicants have used the phrase “and/or” in claims 1 and 9. The Patent Trial and Appeal Board (PTAB) has held that use of the phrase "and/or” within a claim is not indefinite per se. See Ex Parte Gross, Appeal No. 2011-004811 (Jan. 2014). Nevertheless, “[d]uring patent examination, the pending claims must be ‘given their broadest reasonable interpretation consistent with the specification.’” MPEP § 2111; Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005). Based upon this guidance from the MPEP and the Federal Circuit Court of Appeals, the Examiner interprets the phrase "and/or" under its broadest reasonable interpretation of "or" for purposes of examination of the instant Application.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. Pub. No. 2020/0045883 to De Baere et al. (hereinafter De Baere) (cited by Applicant in IDS filed on 06/30/2025).
Regarding claim 1, De Baere discloses a combine harvester (combine/agricultural vehicle 20) (Fig. 1; Paras. [0001]-[0002], [0008], [0010]-[0011], [0017], [0027]-[0028], [0030], [0033]) comprising:
a feeder housing for receiving harvested crop (see Fig. 1);
a separating system (threshing system 22) (Fig. 1; Para. [0028]) for threshing the harvested crop to produce grain and residue;
a residue spreader (spreader system 40, spreader assembly 36) (Figs. 1-2; Paras. [0028]-[0029]) comprising one or more impellers (impellers 42, 44) (Fig. 2; Para. [0029]) for expelling the residue from the combine (combine/agricultural vehicle 20) (Fig. 1; Paras. [0001]-[0002], [0008], [0010]-[0011], [0017], [0027]-[0028], [0030], [0033]);
a continuously oscillating residue deflector (deflector 140) (Figs. 4; Paras. [0034]-[0035]) positioned to deflect residue expelled by the impellers (impellers 42, 44) (Fig. 2; Para. [0029]); and
a controller configured to:
1) determine a ground speed of the combine harvester; or
2) determine a rotating speed of the one or more impellers (Para. [0039]); or
3) determine a throughput of the combine harvester; and
4) adjust an oscillating frequency of the residue deflector to achieve a desired residue distribution, based on the ground speed of the combine harvester, the rotating speed of the one or more impellers (Para. [0039]), or the throughput of the combine harvester.
Regarding claim 7, De Baere discloses the combine harvester of claim 1 (see above). Furthermore, De Baere discloses a combine harvester (combine/agricultural vehicle 20) (Fig. 1; Paras. [0001]-[0002], [0008], [0010]-[0011], [0017], [0027]-[0028], [0030], [0033]) wherein the oscillating frequency of the residue deflector (spreader system 40, spreader assembly 36) (Figs. 1-2; Paras. [0028]-[0029]) is increased or decreased (Para. [0039]) in response to one or more of an increase in the ground speed of the combine harvester, an increase in the rotating speed of the one or more impellers (Para. [0039]), or an increase in the throughput of the combine harvester.
Regarding claim 9, De Baere discloses a method for controlling a combine (combine/agricultural vehicle 20) (Fig. 1; Paras. [0001]-[0002], [0008], [0010]-[0011], [0017], [0027]-[0028], [0030], [0033]) comprising a feeder housing for receiving harvested crop (see Fig. 1), separating system (threshing system 22) (Fig. 1; Para. [0028]) for threshing the harvested crop to produce grain and residue, a residue spreader (spreader system 40, spreader assembly 36) (Figs. 1-2; Paras. [0028]-[0029]) comprising one or more impellers (impellers 42, 44) (Fig. 2; Para. [0029]) for expelling the residue from the combine (combine/agricultural vehicle 20) (Fig. 1; Paras. [0001]-[0002], [0008], [0010]-[0011], [0017], [0027]-[0028], [0030], [0033]), a continuously oscillating residue deflector (deflector 140) (Figs. 4; Paras. [0034]-[0035]) positioned to deflect residue expelled by the impellers (impellers 42, 44) (Fig. 2; Para. [0029]), and a controller, the method comprising:
1) determining, by the controller, a ground speed of the combine harvester; or
2) determining, by the controller, a rotating speed of the one or more impellers (Para. [0039]); or
3) determining, by the controller, a throughput of the combine harvester; and
4) adjusting, by the controller, an oscillating frequency of the residue deflector to achieve a desired residue distribution, based on the ground speed of the combine harvester, the rotating speed of the one or more impellers (Para. [0039]), or the throughput of the combine harvester.
Claim(s) 1, 3-5, 7, 9, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Pat. Pub. No. EP 2 266 381 A1 to Persson (cited by Applicant in IDS filed on 06/30/2025).
Regarding claim 1, Persson discloses a combine harvester (combine harvester 1) (Fig. 1; Para. [0018]) comprising:
a feeder housing for receiving harvested crop (see Fig. 1 at element 4; Para. [0018]);
a separating system (sieve 6, straw walker 7 and/or straw chopper 2) (Fig. 2; Paras. [0018]-[0020]) for threshing the harvested crop to produce grain and residue;
a residue spreader (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]) comprising one or more impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]) for expelling the residue from the combine (combine harvester 1) (Fig. 1; Para. [0018]);
a continuously oscillating residue deflector (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]) positioned to deflect residue expelled by the impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]); and
a controller (Para. [0035]) configured to:
1) determine a ground speed of the combine harvester; or
2) determine a rotating speed of the one or more impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]); or
3) determine a throughput of the combine harvester; and
4) adjust an oscillating frequency of the residue deflector to achieve a desired residue distribution, based on the ground speed of the combine harvester, the rotating speed of the one or more impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]), or the throughput of the combine harvester.
Regarding claim 3, Persson discloses the combine harvester of claim 1 (see above). Furthermore, Persson discloses a combine harvester (combine harvester 1) (Fig. 1; Para. [0018]) wherein the oscillating frequency of the residue deflector may be varied by an operator of the combine harvester (Para. [0035]).
Regarding claim 4, Persson discloses the combine harvester of claim 1 (see above). Furthermore, Persson discloses a combine harvester (combine harvester 1) (Fig. 1; Para. [0018]) wherein a hydraulic motor (Para. [0036]) drives the continuously oscillating residue deflector (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]).
Regarding claim 5, Persson discloses the combine harvester of claim 1 (see above). Furthermore, Persson discloses a combine harvester (combine harvester 1) (Fig. 1; Para. [0018]) wherein an electric motor (electrically driven linear motor 31) (Fig. 6c; Para. [0036]) drives the continuously oscillating residue deflector (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]).
Regarding claim 7, Persson discloses the combine harvester of claim 1 (see above). Furthermore, Persson discloses a combine harvester (combine harvester 1) (Fig. 1; Para. [0018]) wherein the oscillating frequency of the residue deflector (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]) is increased or decreased in response to one or more of an increase in the ground speed of the combine harvester, an increase in the rotating speed of the one or more impellers (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]), or an increase in the throughput of the combine harvester (combine harvester 1) (Fig. 1; Para. [0018]).
Regarding claim 9, Persson discloses a method for controlling a combine (combine harvester 1) (Fig. 1; Para. [0018]) comprising a feeder housing for receiving harvested crop (see Fig. 1 at element 4; Para. [0018]), separating system (sieve 6, straw walker 7 and/or straw chopper 2) (Fig. 2; Paras. [0018]-[0020]) for threshing the harvested crop to produce grain and residue, a residue spreader (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]) comprising one or more impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]) for expelling the residue from the combine (combine harvester 1) (Fig. 1; Para. [0018]), a continuously oscillating residue deflector (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]) positioned to deflect residue expelled by the impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]), and a controller (Para. [0035]), the method comprising:
1) determining, by the controller, a ground speed of the combine harvester; or
2) determining, by the controller, a rotating speed of the one or more impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]); or
3) determining, by the controller, a throughput of the combine harvester; and
4) adjusting, by the controller, an oscillating frequency of the residue deflector to achieve a desired residue distribution, based on the ground speed of the combine harvester, the rotating speed of the one or more impellers (spreader fans 8) (Figs. 2-3, 5a-5d, 6g-6h; Paras. [0028]-[0029]), or the throughput of the combine harvester.
Regarding claim 11, Persson discloses the method of claim 9 (see above). Furthermore, Persson discloses a method further comprising varying, by an operator (Para. [0035]) of the combine harvester (combine harvester 1) (Fig. 1; Para. [0018]), the oscillating frequency of the residue deflector (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]).
Regarding claim 13, Persson discloses the method of claim 9 (see above). Furthermore, Persson discloses a method comprising increasing the oscillating frequency of the residue deflector (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]) in response to one or more of an increase in the ground speed of the combine harvester, an increase in the rotating speed of the one or more impellers (spreading member 14) (Figs. 3, 5a-5d, 6a-6h; Paras. [0026]-[0030], [0033]-[0037], [0039]-[0045]), or an increase in the throughput of the combine harvester.
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.
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.
Claim(s) 2, 6, 8, 10, 12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Person in view of U.S. Pat. Pub. No. 2020/0120869 to Vandike et al. (hereinafter Vandike).
Regarding claims 2 and 10, Persson discloses the combine harvester of claim 1 and the method of claim 9, respectively (see above). However, Persson does not expressly disclose one or more sensors to detect residue expelled by the combine, wherein the controller is further configured to receive a signal from the one or more sensors indicating a detected residue distribution, to determine whether the detected residue distribution has an undesired feature, and, upon determining the detected residue distribution has an undesired feature, to adjust the oscillating frequency of the residue deflector to mitigate the undesired feature of the detected residue distribution.
Nevertheless, Vandike teaches a combine harvester (agricultural combine 100) (Abstract; Fig. 1; Paras. [0011], [0033]) further comprising one or more sensors (cameras 142 and/or 144) (Figs. 1-3; Paras. [0040]-[0048], [0053]-[0054]) to detect residue expelled by the combine (Paras. [0053]-[0054]), wherein the controller is further configured to receive a signal from the one or more sensors (cameras 142 and/or 144) (Figs. 1-3; Paras. [0040]-[0048], [0053]-[0054]) indicating a detected residue distribution (Figs. 1-3; Paras. [0053]-[0054]), to determine whether the detected residue distribution has an undesired feature, and, upon determining the detected residue distribution has an undesired feature, to adjust the residue deflector to mitigate the undesired feature of the detected residue distribution (Paras. [0053]-[0054]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the combine harvester disclosed in Persson with the sensors taught in Vandike in order to adjust the residue deflector to adjust the oscillation frequency of the residue deflector disclosed in Persson with a reasonable expectation of success in order to allow for automatic adjustment of the residue distribution using camera signals that digitize the actual residue distribution. Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the combine harvester disclosed in Persson with the sensors taught in Vandike in order to adjust the residue deflector to adjust the oscillation frequency of the residue deflector disclosed in Persson with a reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to combine prior art elements according to known methods to yield predictable results is obvious. KSR International Co. v Teleflex Inc., 550 U.S. 398, 416, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claims 6 and 12, Persson in view of Vandike teaches the combine harvester of claim 2 and the method of claim 10, respectively (see above). Furthermore, Persson discloses and Vandike teaches that the undesired residue distribution feature comprises striping of the residue on the ground (see Persson at Figs. 4, 5a-5d; Vandike at Figs. 1-2; Paras. [0053]-[0054]).
Regarding claims 8, 14 and 15, Persson in view of Vandike teaches the combine harvester of claim 6 and the method of claim 12, respectively (see above). However, neither Persson nor Vandike expressly discloses or teaches increasing or decreasing the oscillation frequency based on the detected residue distribution. Nevertheless, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to increase the oscillating frequency of the residue deflector in response to the controller determining the detected residue distribution comprises striping of the residue on the ground (see Persson at Figs. 4, 5a-5d; Vandike at Figs. 1-2; Paras. [0053]-[0054]) with a reasonable expectation of success in order to allow for automatic adjustment (through either increasing or decreasing the oscillation frequency) of the residue distribution using camera signals that digitize the actual residue distribution.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Pat. Pub. No. 2017/0112055 to Depreitere et al. relates to agricultural harvester residue spreader automation. U.S. Pat. Pub. No. 2023/0142286 to Morris relates to combine harvester operation based on windrow data stream. U.S. Pat. Pub. No. 2023/0049727 to Hamilton et al. relates to agricultural machines and methods for controlling windrow properties. U.S. Pat. Pub. No. 2013/0095899 to Knapp relates to wind compensation of residue spread width. Int’l. Pat. Pub. No. WO 2021/099634 A1 to Lorriette relates to a residue spreader for a combine harvester.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAUDE J BROWN whose telephone number is (571)270-5924. The examiner can normally be reached Mon-Fri 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. 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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/CLAUDE J BROWN/Primary Examiner, Art Unit 3671
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