8DETAILED 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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3 and 5-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 2 and 3, it is unclear what the metes and bounds are for “larger or wider” and “higher or greater.” It is unclear if these are alternative parameters or just a more comprehensive way of saying “wider” and “greater.” For the purposes of examination, it is assumed that the these are more comprehensive way of saying “wider” and “greater.”
Regarding claim 5, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 6, it is unclear what the metes and bounds are for ”a characteristic curve or characteristic map.” Is it a mathematical prediction that is entirely digital? Is it a visible characteristic curve or map? For the purposes of examination, it is assumed this is a mathematical prediction that is entirely digital.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hamilton et al. (US 2023/0049727 A1), hereinafter Hamilton.
Regarding claim 1, Hamilton discloses a method for operating an agricultural harvester (10, fig. 1, par. 0026),
wherein the agricultural harvester has at least one mowing unit (14, fig. 1, par. 0027),
wherein the respective mowing unit has mowing elements (18, fig. 1, par. 0027) for mowing crop (crops, par. 0027) and a swathing device (22+24, fig. 1 and 5, par. 0027, 0031-0032, and 0036-0037) for discharging the mowed crop (stream of crop material, fig. 5 and 6, par. 0027, 0031-0032) in the form of at least one swath (windrow, fig. 5 and 6, par. 0036),
characterized in that
a density of the crop and/or a moisture content of the crop is determined (par. 0036, yield and moisture content),
a width of the at least one swath is adjusted (fig. 5 and 6, par. 0036-0037) automatically (par. 0038), depending on the determined density of the crop and/or the determined moisture content of the crop (windrow is changed due to yield and moisture content in order to provide for uniform drying/ moisture content, par. 0036-0037).
Regarding claim 2, Hamilton further discloses characterized in that the width of the at least one swath (windrow, fig. 5 and 6, par. 0036-0037) is adjusted to be larger or wider the higher or greater the determined density of the crop is (par. 0036-0037 and 0041).
Regarding claim 3, Hamilton further discloses characterized in that the width of the at least one swath (windrow, fig. 5, par. 0036-0037) is adjusted to be larger or wider the higher or greater the determined moisture content of the crop is (fig. 5 and 6, par. 0036-0037 and 0041).
Regarding claim 4, Hamilton further discloses characterized in that the density of the crop and/or the moisture content of the crop is determined with the aid of at least one sensor of the agricultural harvester (19, fig. 1, par. 0030).
Regarding claim 5, Hamilton further discloses characterized in that the density of the crop and/or the moisture content of the crop is determined on the basis of remotely sensed data (par. 0037) such as satellite images and/or drone images and/or yield maps and/or weather data (par. 0037, yield and weather predictions).
Regarding claim 6 as best understood, Hamilton further discloses that characterized in that the width of the at least one swath is adjusted on the basis of a characteristic curve or characteristic map, depending on the determined density and/or the determined moisture content (par. 0036-0037, wherein yield and moisture content are used to create a uniform moisture content across the windrows).
Regarding claim 7, Hamilton discloses a control device (17, fig. 17, par. 0036-0038) of an agricultural harvester (10, fig. 1, par. 0026), wherein the agricultural harvester has at least one mowing unit (14, fig. 1, par. 0027), wherein the respective mowing unit has mowing elements (18, fig. 1, par. 0027) for mowing crop (crops, par. 0027) and a swathing device (22+24, fig. 1 and 5, par. 0027, 0031-0032, and 0036-0037) for discharging the mowed crop (stream of crop material, fig. 5, par. 0027, 0031-0032) in the form of at least one swath (windrow, fig. 5 and 6,, par. 0036),
characterized in that
the control device (17, fig. 17, par. 0036-0038) is set up to automatically (par. 0038) adjust a width of the at least one swath (fig. 5 and 6, par. 0036-0037), depending on a determined density of the crop and/or a determined moisture content of the crop (windrow is changed due to yield and moisture content in order to provide for uniform drying/ moisture content, par. 0036-0037, fig. 5 and 6).
Regarding claim 8, Hamilton further discloses characterized in that the control device is set up to automatically carry out (par. 0038) the method according to one of claims 1 to 6 (see claims 1-6).
Regarding claim 9, Hamilton discloses an agricultural harvester (10, fig. 1, par. 0026) having at least one mowing unit (14, fig. 1, par. 0027) and having a control device according to claim 7 (17, fig. 17, par. 0036-0038; see claim 7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith (2016/0165803 A1) – similar invention but specifically for bales.
Somarowthu et al. (US 20240365712 A1) – “ techniques and/or systems are disclosed for developing appropriate settings for a windrower implement or forage harvester implement, to obtain a desired crop conditioning profile for a target crop”
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jennifer A Railey whose telephone number is (571)270-7353. The examiner can normally be reached M-F (8-4).
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, Tara Schimpf can be reached at (571) 270-7741. 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.
/JENNIFER A RAILEY/Examiner, Art Unit 3676
/Nicole Coy/Supervisory Patent Examiner, Art Unit 3672