DETAILED ACTION
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 Non-Final action is in reply to the application 18/436,386 filed on 02/08/2024.
Claims 1 – 20 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on was filed after the mailing date of the 07/09/2024, 06/11/2025 are fully considered by examiner The submission is in compliance with the provisions of 37 CFR 1.97.
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.
Claim(s) 1 – 4, 10 – 12, 14 – 16 and 18 are rejected under 35 U.S.C. 102(a1)(a2) as being unpatentable over US Patent 9258938 – Prickel et al. hereinafter as PRICKEL
Regarding Claim 1
PRICKEL discloses:
A work implement ( 5) for fertilizing or planting seed in a field, the work implement (5) comprising:
a toolbar (11) including a first end (11B - right) and a second end( 11B – Left), the toolbar including a plurality of row units(21) spaced along the toolbar and between the first end (11B- left) and the second end; (11B – Left)
a first sensor (33) operatively connected to the first end; (11B – right)
a second sensor (33) operatively connected to the second end; (11B – left)
wherein the toolbar (11) defines a longitudinal axis, (See figures, defined by reference section 11A) and the first sensor (33) identifies a first deflection (see fig. 5 – 7 col 4 line 52 – 65) of the first end (11B) with respect to the longitudinal axis (11A) and the second sensor (33) identifies a second deflection ( see fig. 5 – 7 and col 4 line 52 – 65) of the second end (11B) with respect to the longitudinal axis;(11A) and
a user interface ( 29 and 43, col 5 line 27 – 37) operatively connected ( control system 29) to the first sensor(33) and the second sensor(33), wherein the user interface ( 29 and 43, col 5 line 27 – 37) identifies one or both of the first deflection and the second deflection.( Col 6 line 60-67 and col 7 line 1 -16 wing flex)
Regarding Claim 2
PRICKEL discloses:
2. The work implement of claim 1, further comprising a center toolbar(11A), wherein the toolbar includes a first toolbar(11B right) coupled to the center toolbar (11A) and having the first end and a first plurality of row units(21), and a second toolbar (11B left) coupled to the center toolbar (11A) and having the second end and a second plurality of row units(21), the second toolbar (11B left) operatively connected to the first toolbar(11B right) through the center toolbar(11A); and wherein the first sensor (33) identifies the first deflection of the first toolbar( Col 6 line 60-67 and col 7 line 1 -16 wing flex) and the second sensor (33) identifies the second deflection of the second toolbar. ( Col 6 line 60-67 and col 7 line 1 -16 wing flex)
Regarding Claim 3
PRICKEL discloses claim 2:
3. The work implement of claim 2 further comprising a first movable joint (43) located at a first jointed end of the first toolbar (11B – right) with the center toolbar (11A) and a second movable joint(45) located at a second jointed end of the second toolbar(11B – left) with the center toolbar(11A), wherein the first sensor (33) is located at the first jointed end(toolbars 11B - sym) and the second sensor (33) is located at the second jointed end.(toolbars 11B - sym)
Regarding Claim 4
PRICKEL discloses claim 3
4. The work implement of claim 3 wherein the first sensor is located at the first jointed end and the second sensor is located at the second jointed end, wherein the first sensor and the second sensor includes one of an inertial measurement unit (IMU) sensor, a strain gauge, a pin rotation sensor, or a GNSS sensor. ( pivot axis rotation sensors – claim 8 10)
Regarding Claim 10
PRICKEL discloses:
10. An agricultural system( 5, 7) for fertilizing or planting seed in a field, the agricultural system comprising:
a power mover (7) including a propulsion system; ( implicit in tractor 7)
a work implement (5) operatively connected to the power mover (7), wherein the propulsion system moves the work implement (5) through the field in a forward direction to fertilize or plant the seed in the field, wherein the work implement (5) includes a toolbar (11) defining a longitudinal axis ( axis 11A) and having a plurality of row units (21) , the toolbar (11) including a first sensor (33) operatively connected to a first end (11B -right) of the toolbar and a second sensor (33)operatively connected to a second end (11B – left) of the toolbar, wherein the first sensor (33) identifies a first deflection of the first terminating end (11B – Right) with respect to the longitudinal axis( axis 11A) and the second sensor (33) identifies a second deflection of the second terminating end (11B – left) with respect to the longitudinal axis(11A); and a user interface (29, 43) operatively connected to the first sensor (33) and the second sensor (33), wherein the user interface (29, 43) identifies one or both of the first deflection and the second deflection.(col 6 line 60 -67)
Regarding Claim 11
PRICKEL discloses claim 10:
11. The agricultural system of claim 10 wherein the toolbar includes a first toolbar having the first end, first toolbar (11B – Right) including a first rotatable coupling (45) configured to enable the first toolbar(11B – Right) to fold with respect to the power mover (6)and a second toolbar having the second end, the second toolbar including a second rotatable coupling (45)configured to enable the second toolbar (11B- left) to fold with respect to the power mover(6), wherein the user interface(29, 43) identifies a first location of the first sensor (33) and a second location of the second sensor.(33)
Regarding Claim 12
PRICKEL discloses claim 11:
12. The agricultural system of claim 11 wherein the first sensor or the second sensor(33) includes one of an inertial measurement unit (IMU) sensor, a strain gauge, or a pin rotation sensor.( pivot axis rotation sensors – claim 8 10)
Regarding Claim 14
PRICKEL discloses claim 11:
14. The agricultural system of claim 11wherein the work implement includes a center frame section including a center toolbar(11A) having a third plurality of row units(21), wherein the center toolbar(11A) is operatively connected to the first rotatable coupling(45) and to the second rotatable coupling(45) and a third sensor is located at a fixed position with respect to the center toolbar.(11A)
Regarding Claim 15
PRICKEL discloses claim 14:
15. The agricultural system of claim 14 wherein the third sensor is located at a fixed position with respect to the longitudinal axis(33 fig. 5 – 7 on 11A) and the first sensor (33) moves from the longitudinal axis with deflection of the first toolbar.( Col 6 line 60-67 and col 7 line 1 -16 wing flex) and the second sensor moves from the longitudinal axis with deflection of the second toolbar. .( Col 6 line 60-67 and col 7 line 1 -16 wing flex)
Regarding Claim 16
PRICKEL discloses claim 15:
16. The agricultural system of claim 15 further comprising a controller( control system 29) operatively connected to the first sensor, the second sensor, and the third sensor, (33) wherein the controller( control system 29) compares a first location signal provided by the first sensor with a third location signal provided by the third sensor to identify the first deflection(Col 6 line 60-67 and col 7 line 1 -16 wing flex ); and compares a second location signal provided by the second sensor (33) with the third location signal to identify the second deflection of the second toolbar. (11B – Right, Col 6 line 60-67 and col 7 line 1 -16 wing flex );
Regarding Claim 18
18. A method of identifying a deflection of a toolbar (11) of a work implement having a plurality of row units (21), the method comprising:
identifying a longitudinal axis (axis of 11A) of the toolbar(11);
comparing a first location of a first end (11B – right) of the toolbar(11) with respect to the longitudinal axis (axis of 11A) to identify an amount of a first deflection of the first end(11B – Right, Col 6 line 60-67 and col 7 line 1 -16 wing flex );
comparing a second location of a second end of the toolbar with respect to the longitudinal axis to identify an amount of a second deflection of the second end(11B – Left Col 6 line 60-67 and col 7 line 1 -16 wing flex);
displaying( 29 and 43) one or both of the amount of the first deflection(col 6 line 60 -67) of the amount of the second deflection(col 6 line 60 -67) on a user interface(29, 43).
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.
Claim(s) 5 – 8, 13 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9258938 – Prickel et al. hereinafter as PRICKEL in view of US Patent 6070539 – Flamme et al . hereinafter as FLAMME
Regarding Claim 5
PRICKEL discloses claim 3
PRICKEL discloses in combination that an agricultural implement has location position sensor to determine certain section of the implement have specific distance with to determine whether the equipment is within the correct threshold, FLAMME discloses of location sensor that determines location/position such that a location sensors can be a GNSS sensor, FLAMME further discloses of sensors for determining a location, FLAMME further discloses: FLAMME discloses of sensors wherein the sensor is a location sensor , further discloses:
5. The work implement of claim 3 further comprising a third sensor, wherein the first sensor, the second sensor, and the third sensor includes a GNSS sensor.( col 9 line 20 – 35 - antenna 186 and 196)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for PRICKEL’s implement that include an agricultural implement has location position sensor to determine certain section of the implement have specific distance with to determine whether the equipment is within the correct threshold , to utilize sensors such as GNSS sensors to determine location/position as taught by FLAMME. Doing so merely constitutes the substitution of one known location sensor type for another to produce the predictable result of detecting a whether an implement is has the correct distance threshold for proper usage(MPEP 2143, subsection I, B).
Regarding Claim 6
PRICKEL / FLAMME discloses claim 5:
PRICKEL discloses:
6. The work implement of claim 5 further comprising a center frame section including the center toolbar (11A) having a third plurality of row units(21), wherein the center toolbar is operatively connected to the first movable joint(45) and to the second movable joint(45), wherein the first sensor is located at the first toolbar, the second sensor is located at the second toolbar, and the third sensor (33 fig. 5 – 7 on 11A)is located at a fixed position with respect to the center toolbar.
Regarding Claim 7
PRICKEL / FLAMME discloses claim 6:
PRICKEL discloses:
7. The work implement of claim 6 wherein the third sensor (11A) is fixed with respect to the center frame section (11A) and with respect to the longitudinal axis (of11a) and the first sensor(33) moves from the longitudinal axis(11A) with the first deflection ( Col 6 line 60-67 and col 7 line 1 -16 wing flex) of the first toolbar(11B – Right) and the second sensor (33) moves from the longitudinal axis(of11a) with the second deflection( Col 6 line 60-67 and col 7 line 1 -16 wing flex) of the second toolbar.(11B-left )
Regarding Claim 8
PRICKEL / FLAMME discloses claim 6:
PRICKEL discloses:
8. The work implement of claim 7 comprising a controller operatively connected to the first sensor, the second sensor, and the third sensor, (33) wherein the controller (control 29) compares a first location signal, provided by the first sensor, with a third location signal, provided by the third sensor,(33) to identify the first deflection( Col 6 line 60-67 and col 7 line 1 -16 wing flex), and compares a second location signal, provided by the second sensor, with the third location signal to identify the second deflection ( Col 6 line 60-67 and col 7 line 1 -16 wing flex)of the second toolbar.
Regarding Claim 13
PRICKEL discloses claim 10
PRICKEL discloses of a implement that has tool bar and row units with sensors towed by a vehicle, FLAMME discloses of sensors wherein the sensor is a location sensor , further discloses:
wherein the first sensor and the second sensor includes a GNSS sensor..( col 9 line 20 – 35 - antenna 186 and 196)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for PRICKEL implement that include sensors to utilize sensors wherein the sensors include a GNSS sensor in order to more accurately determine the location of a particular implement ( col 2 line 20 – 27)
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9258938 – Prickel et al. hereinafter as PRICKEL in view of US Patent 6070539 – Flamme et al . hereinafter as FLAMME in view of US PG Pub 20200294401 – Kerecsen et al . hereinafter as KERECSEN
Regarding Claim 9
PRICKEL / FLAMME discloses claim 8:
PRICKEL / FLAMME discloses in combination that an agricultural implement has location sensor with GNSS sensor to determine certain section of the implement have specific distance with regards to location and discloses of a GNSS sensor, KERECSEN discloses of determining distance and location using GNSS sensor data that is sent to the cloud, KERCSEN further discloses:
9. The work implement of claim 8 wherein each of the first GNSS sensor, the second GNSS sensor, and the third GNSS sensor( para. 0214 - GNSS sensor, para. 037 - add on sensors) respectively transmit the first location signal, the second location signal, and the third location signal to a cloud system operatively connected to the controller.( para. 0044 – agricultural vehicle control ,para. 0192 – vehicle data being sent to a cloud computing to analyze vehicle data such as location)
It would be obvious to one of ordinary skilled in the art before the effective filling date of the applicants invention for PRICKEL / FLAMME discloses of an agricultural implement with sensors that determine location using GNSS sensors processing the data for determining an appropriate distance to be able to utilize each of the first GNSS sensor, the second GNSS sensor, and the third GNSS sensor ( para. 0214 - GNSS sensor, para. 037 - add on sensors)respectively transmit the first location signal, the second location signal, and the third location signal to a cloud system operatively connected to the controller as taught by KERECSEN. Doing so merely constitutes the substitution of one known data processing for another to produce the predictable result of analyzing data to determine whether a vehicle needs servicing (MPEP 2143, subsection I, B).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9258938 – Prickel et al. hereinafter as PRICKEL in view of US PG Pub 20200294401 – Kerecsen et al . hereinafter as KERECSEN
Regarding Claim 17
PRICKEL discloses claim 16:
PRICKEL discloses in combination that an agricultural implement has location sensor to determine certain section of the implement have specific distance with regards to location , KERECSEN discloses of determining distance and location using GNSS sensor data that is sent to the cloud, KERCSEN further discloses:
17. The agricultural system of claim 16 wherein each of the first GNSS sensor, the second GNSS sensor, and the third GNSS sensor ( para. 0214 - GNSS sensor, para. 037 - add on sensors)respectively transmit the first location signal, the second location signal, and the third location signal to a cloud system operatively connected to the controller.( para. 0192 – where in there is a cloud computing system analyzing vehicle data such as location)
It would be obvious to one of ordinary skilled in the art before the effective filling date of the applicants invention for PRICKEL of an agricultural implement with sensors that determine location for processing the data for determining an appropriate distance to be able to utilize each of the first GNSS sensor, the second GNSS sensor, and the third GNSS sensor ( para. 0214 - GNSS sensor, para. 037 - add on sensors)respectively transmit the first location signal, the second location signal, and the third location signal to a cloud system operatively connected to the controller as taught by KERECSEN. Doing so merely constitutes the substitution of one known data processing for another to produce the predictable result of analyzing data to determine whether a vehicle needs servicing (MPEP 2143, subsection I, B).
Claim(s)19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9258938 – Prickel et al. hereinafter as PRICKEL in view of US PG Pub 20200390024 – Naylor et al. hereinafter as NAYLOR
Regarding Claim 19
PRICKEL discloses claim 18
PRICKEL discloses of wherein the toolbar includes a first toolbar (11B – Right) rotatably coupled to a center toolbar with a first rotatable coupler (45) and includes a second toolbar (11B – Left) rotatably coupled to the center toolbar with a second rotatable coupler(45), wherein the first deflection associated
PRICKEL discloses of detecting the flex of the toolbar wing( Col 6 line 60-67 and col 7 line 1 -16 wing flex), NAYLOR discloses of detecting wear in agricultural components, NAYLOR further discloses:
wherein the first deflection identifies wear at the first rotatable coupler and the second deflection identifies wear at the second rotatable coupler.( para. 0004 - In one embodiment, an agricultural implement wear monitoring system that monitors a first component of an agricultural implement. A sensor detects and emits a signal indicative of a first geometric dimension of the first component and/or a second geometric dimension of the first component relative to a second component. A controller couples to the sensor. The controller monitors the first geometric dimension and/or the second geometric dimension, and in response to a detected change in the first geometric dimension and/or the second geometric dimension determines a remaining service life of the first component.)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for PRICKEL to detect the flexing on the tool bar wing to utilize the wherein the first deflection identifies wear at the first rotatable coupler and the second deflection identifies wear at the second rotatable coupler as taught by NAYLOR. This would allow PRICKEL to determine or schedule maintenance tasks during desired times ( para. 0023)
Regarding Claim 20
PRICKEL / NAYLOR discloses claim 19:
NAYLOR discloses the combination as taught in claim 19 above.
20. The method of claim 19 further comprising moving the work vehicle along a straight line path when comparing the first location of the first end of the toolbar and when comparing the second location of the second end of the toolbar. ( para. 0004 - In one embodiment, an agricultural implement wear monitoring system that monitors a first component of an agricultural implement. A sensor detects and emits a signal indicative of a first geometric dimension of the first component and/or a second geometric dimension of the first component relative to a second component. A controller couples to the sensor. The controller monitors the first geometric dimension and/or the second geometric dimension, and in response to a detected change in the first geometric dimension and/or the second geometric dimension determines a remaining service life of the first component.)
Conclusion
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671