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 action is in reply to the amendment filed on 19 August 2025.
Claims 1-20 are currently pending and have been examined.
This action is made FINAL.
Response to Arguments/Amendments
Applicant's arguments with respect to the objections to the claims have been fully considered and are partially persuasive. The objection to claim(s) 1 has been withdrawn. However, no amendment was made with regard to the objection to claims 4-7, 9, 11, 13-18 and 20, therefore, the objections to these claims are maintained.
Applicant's arguments with respect to the rejection of claim(s) 1-9 and 19-20 under 35 U.S.C. 112(a) have been fully considered and are persuasive. The rejection of claim(s) 1-9 and 19-20 under 35 U.S.C. 112(a) has been withdrawn.
Applicant's arguments with respect to the rejection of claim(s) 1-9 and 14-20 under 35 U.S.C. 112(b) have been fully considered and are persuasive. The rejection of claim(s) 1-9 and 14-20 under 35 U.S.C. 112(b) has been withdrawn.
Applicant's arguments, see remarks at page(s) 10-12, filed 19 August 2025, with respect to the rejection of claim(s) 1-20 under 35 U.S.C. 102 and/or 103 over Christiansen et al. have been fully considered and are persuasive. The Applicant’s amendments overcome the previous art of record. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over Christiansen et al. (US 20220019239 A1) in view of Krause et al. (US 10034427 B2).
Claim Objections
Claim(s) 4-7, 9, 11, 13-18 and 20 is/are objected to because of the following informalities:
Claim 4, line 1, recites “The material transfer vehicle of claim 1 wherein” but should recite – The material transfer vehicle of claim 1, wherein –; claims 5-7, 9, 11, 13-18 and 20 are objected to for similar reasoning.
Appropriate correction is required.
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 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.
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.
Claim(s) 1-2, 4-11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christiansen et al. (US 20220019239 A1) in view of Krause et al. (US 10034427 B2).
Regarding claims 1, 10 and 19, Christiansen teaches a method, comprising: detecting a haulage vehicle with a sensor on a material transfer vehicle that has a propulsion subsystem configured to provide propulsion to the material transfer vehicle (see abstract and at least ¶[0006]-[0007], [0037]-[0038] and [0059]-[0063] regarding a harvester including an electromagnetic detecting and ranging module and a camera for receiving first data from the electromagnetic detecting and ranging module, the first data indicating the location of the object relative to the agricultural harvester and receiving image data from the camera and using the image data to determine whether the object is a receiving vehicle; see at least ¶[0044] and [0090] regarding an engine and a self-propelled forage harvester), a steering subsystem configured to control a heading of the material transfer vehicle (see at least [0039], [0042], [0044], [0049] and [0092] regarding wheels and actuators), and a material transfer subsystem configured to transfer material from the material transfer vehicle through an outlet end of an unloading spout to a landing point (see abstract and at least ¶[0006]-[0007], [0037]-[0038], [0040]-[0041], [0044], [0055], [0062], [0064], [0067]-[0068] and [0090] regarding an unload conveyor or discharge chute; these also include determining where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38 in automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin); generating a sensor signal indicative of the detected haulage vehicle (see abstract and at least ¶[0006]-[0007], [0037]-[0038] and [0059]-[0063] regarding a harvester including an electromagnetic detecting and ranging module and a camera for receiving first data from the electromagnetic detecting and ranging module, the first data indicating the location of the object relative to the agricultural harvester and receiving image data from the camera and using the image data to determine whether the object is a receiving vehicle, if the object is a receiving vehicle, the one or more computing devices use the first data and the second data to generate graphic data defining a graphical representation illustrating the relative positions of the unload conveyor and the receiving vehicle (i.e., generating graphic data or “sensor signal”); identifying a location of the haulage vehicle relative to a location of the material transfer vehicle based on the sensor signal (see abstract and at least ¶[0006]-[0007], [0036], [0038], [0055], [0064] and [0068] regarding detecting the relative positions of the harvesters and receiving vehicles during unload operations and providing fully automated operation of at least one of the machines to synchronize movement during unload operations); detecting a fill level of material in the haulage vehicle based on the sensor signal (see at least ¶[0047], [0081]-[0089] and [0092] regarding detecting the fill level of crop material within the receiving vehicle); generating a transfer control signal based on the location of the haulage vehicle relative to the material transfer vehicle, based on the detected fill level, and based on a transfer strategy (see at least ¶[0047], [0081]-[0089] and [0092] regarding automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin 38 as well as the one or more computing devices determine a distribution of grain in the grain bin; a visual representation of the fill level of the grain bin allows the operator to see whether or not the receiving vehicle is full and to estimate how much time is required to completely fill the receiving the vehicle and the visual representation of the distribution of crop in the grain bin allows the operator to see which portions of the grain bin are full and to adjust the position of the receiving vehicle relative to the unload conveyor 22 of the harvester 10 to fill portions of the grain bin with less grain (i.e., the harvester unload operation is being controlled based on the spout being over the grain cart and a visual representation of fill level); additionally, see [0092] regarding the data collected by the module 128 and the camera 130 is used to generate a graphical representation of the unload conveyor 116 of the harvester 100 and the receiving vehicle that is presented to an operator of either the harvester 100 or the tractor 122 by way of a graphical user interface as explained above. Alternatively or additionally, the data collected by the module 128 and camera 130 may be used to generate guidance data used by at least one of the harvester 100 and the receiving vehicle to automatically guide at least one of the vehicles to maintain proper alignment of the unload conveyor 116 with the receiving vehicle); and generating control signals to control one or more of the propulsion subsystem, the steering subsystem, or the material transfer subsystem to automatically position the material transfer vehicle in an unloading position relative to the haulage vehicle and transfer material to the haulage vehicle according to the transfer strategy, based on the transfer control signal (see at least ¶[0036] and [0092] regarding using module 128, camera 130 and one or more computing devices to detect and track a location of a receiving vehicle (such as the wagon 120) and at least one of the fill level and content distribution of crop material within the receiving vehicle, the data collected by the module 128 and camera 130 may be used to generate guidance data used by at least one of the harvester 100 and the receiving vehicle to automatically guide at least one of the vehicles to maintain proper alignment of the unload conveyor 116 with the receiving vehicle; also see at least [0055] regarding the one or more computing devices use the dimensions of the grain cart 36 to determine where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38 in automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin 38).
Christiansen does not explicitly teach a transfer strategy that defines a progression of landing points in a receiving area of the haulage vehicle. However, Krause discloses a harvesting device and teaches a transfer strategy that defines a progression of landing points in a receiving area of the haulage vehicle (see at least Col. 1, lines 19-42, and Col. 8, lines 9-25, regarding crop transfer at a first impact point and continuing transfer at at least a second impact point based on available volume; also, Col. 3, lines 31-36, discusses transfer strategy based on type of hauling vehicle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of assisted or automated grain unload synchronization of Christiansen to provide, with a reasonable expectation of success, a transfer strategy that defines a progression of landing points in a receiving area of the haulage vehicle, as taught by Krause, to provide swiveling the transfer device such that the position of the impact point is varied in order to utilize all of the available hauling volume. (Krause at Col. 1, lines 32-35)
Regarding claims 2 and 11, Christiansen teaches wherein generating a transfer control signal comprises: detecting a trigger criterion to begin automated transfer control (see at least ¶[0055] regarding the one or more computing devices use the dimensions of the grain cart 36 to determine where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38 (i.e., trigger condition being when the spout is located over the edges of the grain bin) in automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin 38); and generating the transfer control signal responsive to the detected trigger criterion (see at least ¶[0055] regarding the one or more computing devices use the dimensions of the grain cart 36 to determine where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38 (i.e., trigger condition being when the spout is located over the edges of the grain bin) in automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin 38 (i.e., automatically controlling based on the spout being within the edges of the grain bins)).
Regarding claims 4 and 13, Christiansen teaches wherein identifying a location of the haulage vehicle relative to a location of the material transfer vehicle comprises: detecting a location and orientation of the sensor (see at least ¶[0050], [0052]-[0055] and [0058]-[0059] regarding field of view of the module 28 as well as data collected by the module 28 includes location information for each of a plurality of points making up a point cloud. The location information is relative to the module 28 or 32 (i.e., relative to the location of the sensor which is known in the coordinates) generating the data and may include a set of two-dimensional Cartesian coordinates, such as X and Y coordinates of the point relative to the module); and identifying the location of the haulage vehicle relative to the material transfer vehicle based on the location and orientation of the sensor (see at least ¶[0050], [0053] and [0058]-[0059] regarding field of view of the module 28 as well as data collected by the module 28 includes location information for each of a plurality of points making up a point cloud. The location information is relative to the module 28 or 32 (i.e., relative to the location of the sensor) generating the data and may include a set of two-dimensional Cartesian coordinates, such as X and Y coordinates of the point relative to the module; the electromagnetic detecting and ranging module 28 is positioned and configured for detecting the location and orientation of a receiving vehicle relative to the agricultural harvester).
Regarding claims 5 and 14, Christiansen teaches wherein generating a sensor signal comprises: capturing, with an image capture device, an image of the haulage vehicle (see abstract and at least ¶[0006]-[0007], [0037]-[0038] and [0062]-[0063] regarding receiving the image data from the camera, using the image data to determine the object is a receiving vehicle); and identifying a haulage vehicle parameter in the image (see at least ¶[0006]-[0007], [0038], [0063], [0065] and [0068] regarding use the first data and the image data to generate a graphical representation illustrating the relative positions of the unload conveyor and the grain bin; additionally, see at least ¶[0077] regarding the one or more computing devices may determine lateral distance of the grain cart 36 from the harvester 10 from the data generated by the modules 28 and the camera 32; additionally, see at least ¶[0050] and [0053] regarding the digital representation generated by the module 28 (e.g., LiDAR) includes distances to and relative locations of objects and surfaces within the field of view).
Regarding claims 6 and 15, Christiansen teaches wherein identifying a haulage vehicle parameter comprises: identifying the location of the haulage vehicle parameter identified in the image relative to the image capture device (see at least ¶[0050], [0053]-[0055] and [0058]-[0059] regarding field of view of the module 28 as well as data collected by the module 28 includes location information for each of a plurality of points making up a point cloud. The location information is relative to the module 28 or 32 (i.e., relative to the location of the sensor which is known in the coordinates) generating the data and may include a set of two-dimensional Cartesian coordinates, such as X and Y coordinates of the point relative to the module).
Regarding claims 7 and 16, Christiansen teaches wherein identifying a location of the haulage vehicle relative to a location of the material transfer vehicle comprises: accessing dimension information indicative of a location of the unloading spout on the material transfer vehicle (see at least ¶[0053], [0055], [0077] and [0080] regarding one or more computing devices use the data from the module 28 to determine the orientation and the dimensions of the receiving vehicle, the one or more computing devices determine the dimensions (or approximate dimensions) of the grain cart 36 by identifying a front edge, rear edge and top edge of the point cloud 62. The one or more computing devices may use the dimensions of the grain cart 36 in determining where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38); and locating the haulage vehicle parameter relative to the unloading spout based on the dimension information (see at least ¶[0053], [0055], [0077] and [0080] regarding one or more computing devices use the data from the module 28 to determine the orientation and the dimensions of the receiving vehicle, the one or more computing devices determine the dimensions (or approximate dimensions) of the grain cart 36 by identifying a front edge, rear edge and top edge of the point cloud 62. The one or more computing devices may use the dimensions of the grain cart 36 in determining where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38).
Regarding claims 8 and 17, Christiansen teaches wherein identifying a haulage vehicle parameter comprises: identifying, as the haulage vehicle parameter, an edge of a receiving area of the haulage vehicle, based on the sensor signal (see at least ¶[0055] and [0065] regarding the one or more computing devices determine the dimensions (or approximate dimensions) of the grain cart 36 by identifying a front edge, rear edge and top edge of the point cloud 62. The one or more computing devices may use the dimensions of the grain cart 36 in determining where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38).
Regarding claims 9 and 18, Christiansen teaches wherein generating control signals comprises: generating control signals to control the propulsion subsystem and the steering subsystem to automatically move the material transfer vehicle from the unloading position to a plurality of successive unloading positions relative to the haulage vehicle based on the fill level, to execute the transfer strategy (see at least ¶[0047], [0081]-[0089] and [0092] regarding automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin 38 as well as the one or more computing devices determine a distribution of grain in the grain bin; a visual representation of the fill level of the grain bin allows the operator to see whether or not the receiving vehicle is full and to estimate how much time is required to completely fill the receiving the vehicle and the visual representation of the distribution of crop in the grain bin allows the operator to see which portions of the grain bin are full and to adjust the position of the receiving vehicle relative to the unload conveyor 22 of the harvester 10 to fill portions of the grain bin with less grain (i.e., the harvester unload operation is being controlled based on the spout being over the grain cart and a visual representation of fill level to perform unloading at multiple locations in the receiving vehicle); additionally, see [0092] regarding the data collected by the module 128 and the camera 130 is used to generate a graphical representation of the unload conveyor 116 of the harvester 100 and the receiving vehicle that is presented to an operator of either the harvester 100 or the tractor 122 by way of a graphical user interface as explained above. Alternatively, or additionally, the data collected by the module 128 and camera 130 may be used to generate guidance data used by at least one of the harvester 100 and the receiving vehicle to automatically guide at least one of the vehicles to maintain proper alignment of the unload conveyor 116 with the receiving vehicle).
Regarding claim 20, Christiansen teaches wherein identifying a location of a receiving area in the haulage vehicle relative to a location of the material transfer vehicle based on the sensor signal comprises identifying an edge of the receiving area of the haulage vehicle, based on the sensor signal (see at least ¶[0055] regarding the one or more computing devices use the dimensions of the grain cart 36 to determine where the spout 24 of the unload conveyor 22 is located relative to the edges of grain bin 38 (i.e., trigger condition being when the spout is located over the edges of the grain bin) in automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin 38), and wherein generating control signals comprises: generating control signals to control the propulsion subsystem and the steering subsystem to automatically move the material transfer vehicle from the unloading position to a plurality of successive unloading positions relative to the haulage vehicle based on the fill level, to execute the transfer strategy (see at least ¶[0047], [0081]-[0089] and [0092] regarding automatically controlling grain transfer to only transfer grain from the harvester 10 to the grain cart 36 while the spout 24 is over the grain bin 38 as well as the one or more computing devices determine a distribution of grain in the grain bin; a visual representation of the fill level of the grain bin allows the operator to see whether or not the receiving vehicle is full and to estimate how much time is required to completely fill the receiving the vehicle and the visual representation of the distribution of crop in the grain bin allows the operator to see which portions of the grain bin are full and to adjust the position of the receiving vehicle relative to the unload conveyor 22 of the harvester 10 to fill portions of the grain bin with less grain (i.e., the harvester unload operation is being controlled based on the spout being over the grain cart and a visual representation of fill level to perform unloading at multiple locations in the receiving vehicle); additionally, see [0092] regarding the data collected by the module 128 and the camera 130 is used to generate a graphical representation of the unload conveyor 116 of the harvester 100 and the receiving vehicle that is presented to an operator of either the harvester 100 or the tractor 122 by way of a graphical user interface as explained above. Alternatively, or additionally, the data collected by the module 128 and camera 130 may be used to generate guidance data used by at least one of the harvester 100 and the receiving vehicle to automatically guide at least one of the vehicles to maintain proper alignment of the unload conveyor 116 with the receiving vehicle).
Claim(s) 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Christiansen et al. (US 20220019239 A1) in view of Krause et al. (US 10034427 B2), as applied to claim 2 and 11 above, and in further view of Singh et al. (US 11635768 B2).
Regarding claims 3 and 12, the combination of Christiansen and Krause does not explicitly teach further comprising: detecting whether the haulage vehicle is within a threshold distance of the material transfer vehicle; and if so, outputting, as the trigger criterion, a vehicle proximity signal. However, Singh discloses a control system for coordinating control of multiple work vehicles and teaches further comprising: detecting whether the haulage vehicle is within a threshold distance of the material transfer vehicle (see at least Col. 4, lines 32-52, and Col. 8, lines 23-38, regarding if a distance between the harvester and the haul vehicle is less than an engagement distance, the controller controls the steering control system and the speed control system to direct the haul vehicle toward the target position); and if so, outputting, as the trigger criterion, a vehicle proximity signal (see at least Col. 3, line 34, to Col. 4, line 52, and Col. 8, lines 23-38, regarding if a distance between the harvester and the haul vehicle is less than an engagement distance, the controller controls the steering control system and the speed control system to direct the haul vehicle toward the target position; once the haul vehicle substantially reaches the target position, the controller controls the steering control system and the speed control system to substantially maintain the target position and the target velocity, thereby facilitating transfer of agricultural product from the harvester to the storage compartment; also, see at least Col. 13, line 53, to Col. 14, line 22, regarding outputting a control signal based on reaching a first target position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system and method of assisted or automated grain unload synchronization of Christiansen as modified by Krause to provide, with a reasonable expectation of success, detecting whether the haulage vehicle is within a threshold distance of the material transfer vehicle; and if so, outputting, as the trigger criterion, a vehicle proximity signal, as taught by Singh, to provide adjusting steering or speed if outside of engagement distance to substantially maintain the target position and the target velocity. (Singh at Col. 4, lines 32-52)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Leenknegt et al. (US 20240315170 A1) is pertinent because it is a combine harvester with grain cart detection.
Lisouski et al. (US 20170086378 A1) is pertinent because it is a crop harvesting machine with an electronic spout control arrangement.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Connor L Knight whose telephone number is (571)272-5817. The examiner can normally be reached Mon-Fri 8:30AM-4:30PM 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, Anne Antonucci can be reached at (313)446-6519. 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.
/C.L.K/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666