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 .
Claim Rejections - 35 USC § 102
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.
Claims 1-4 and 6-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shearer et al. (US 2021/0137006 hereinafter Shearer).
With respect to claim 1, Shearer discloses an implement (header) for an agricultural harvesting machine), said implement having first and second ends and a harvesting zone between said first and second ends (harvesting zone delineated between distal ends of the header, the harvesting zone is defined as the crop in front of the header and within the distal ends of the harvester to be harvested by the header), said implement configured to travel in a forward direction to harvest a crop, comprising:
at least one gathering portion located in said harvesting zone (A forward portion of reel 19 is within the defined harvesting zone);
a control system (in figure 1, Shearer discloses control unit 300, which is responsive to inputs from sensing systems, as discloses in paragraph 130); and
one or more sensors (to include 501/502 and 701) located at said first end and configured to provide sensed information including at least one image to said control system regarding at least one zone selected from the group consisting of said harvesting zone and a rear zone opposite said forward direction (Cameras 701 on both ends at the rear of the header provides images of a rear zone of the header as seen in figure 3, ¶0134, Cameras 501/502 on either ends provide images of harvesting zone between the ends of the header ¶0137).
With respect to claim 2, Shearer discloses at least one severing portion located in said harvesting zone (cutter bar 23).
With respect to claim 3, Shearer discloses said sensed information includes at least one of gathering portion information, severing portion information, crop information, and field information about a field over which said agricultural harvesting machine is traveling (sensor 701 provides field information ¶0134, sensors 501/502 provide crop information ¶0137).
With respect to claim 4, Shearer discloses said sensed information is one or more of gathering portion information and severing portion information (¶0137 downed crop is considered to be gathering information).
With respect to claim 6, Shearer discloses said first image includes a view in the direction of said second end (in figure 3, cameras 501/502 are angled in the direction of opposite ends of the header).
With respect to claim 7, Shearer discloses one or more second end sensors configured to provide sensed information to said control system (Cameras 501/502 are on either ends, cameras 701 are on either ends on a rear portion).
With respect to claim 8, Shearer discloses wherein said second end sensors provide a second image to said control system (Cameras 501/502 and 701 are cameras).
With respect to claim 9, Shearer discloses wherein said second image includes a view in the direction of said first end (in figure 3, cameras 501/502 are angled in the direction of opposite ends of the header).
With respect to claim 10, Shearer discloses wherein said first end sensors and said second end sensors are in-line with said harvesting zone (Cameras 501/502 are considered to be in-line with the harvesting zone on either end).
With respect to claim 11, Shearer discloses one or more intermediate sensors configured to provide sensed information to said control system (Sensors 603-605).
With respect to claim 12, Shearer discloses wherein said one or more intermediate sensors provide a third image to said control system wherein said third images includes a view in the direction of at least one of said first and second ends (¶0133 sensors 603-605 are cameras, a view from the camera from above would include a left and right dimension in the direction of the ends of the header).
With respect to claim 13, Shearer discloses an intermediate sensor support and wherein said intermediate sensor is located on said intermediate sensor support (support 602).
With respect to claim 14, Shearer discloses a first end sensor support and wherein said first end sensor is located on said first end support (Figure 3 shows cameras 501/502 on a support).
With respect to claim 15, Shearer discloses wherein said one or more first end sensors are selected from the group consisting of long range terahertz radar, FMCW radar, micro radar, narrow band radar, UWB radar, ground penetrating radar, an ultra-sonic sensor, a thermal camera, a visible camera, a stereo camera, a structured light, LiDAR, a laser vibrometer, an infrared NMR camera, an infrared SWIR camera, an infrared terahertz sensor, a far infrared sensor, a sonar sensor, and combinations thereof (in paragraph 131, Shearer discloses that the sensors 501 and 502 are cameras, which read on a visible camera).
With respect to claim 16, Shearer discloses an implement (header) for an agricultural harvesting machine, said implement having first and second ends and a harvesting zone between said first and second ends (harvesting zone delineated between distal ends of the header, the harvesting zone is defined as the crop in front of the header and within the distal ends of the harvester to be harvested by the header), and at least one intermediate location between said first and second ends (all locations between the ends of the header) comprising:
at least one gathering portion located in said harvesting zone (A forward portion of reel 19 is within the defined harvesting zone);
at least one severing portion located in said harvesting zone (cutter bar 23);
a control system (in figure 1, Shearer discloses control unit 300, which is responsive to inputs from sensing systems, as discloses in paragraph 130); and
at least one sensor (to include 501/502 and 701) configured to provide at least one image to said control system (Cameras 701 on both ends at the rear of the header provides images of a rear zone of the header as seen in figure 3, ¶0134, Cameras 501/502 on either ends provide images of harvesting zone between the ends of the header ¶0137);
wherein said at least one sensor is selected from the group consisting of:
at least one sensor located at said first end configured to provide a first image in the direction of said second end, said first image providing a view in the direction of said second end of at least a portion of at least one of said harvesting zone and a rear zone opposite said forward direction end (Cameras 701 on both ends at the rear of the header provides images of a rear zone of the header as seen in figure 3, ¶0134, Cameras 501/502 on either ends provide images of harvesting zone between the ends of the header ¶0137).
With respect to claim 17, Shearer discloses sensors (501/502) at both ends and intermediate sensors (603-605).
With respect to claim 18, Shearer discloses said agricultural harvesting machine is a combine harvester (in paragraph 127, Shearer discloses that the machine to which the header is attached is a combine harvester).
Response to Arguments
Applicant's arguments filed 4-30-2026 have been fully considered but they are not persuasive.
Applicant argues that the sensors of Shearer do not provide images of the claimed harvesting zones from the first ends. As described better in the office action above both cameras 5012/502 and end cameras 701 are positioned at the first ends of the header and provide images of the harvesting zone and images of a rear zone. The harvesting zone is defined as the areas between the side walls of the header, crop in front of the header is between the side walls of the header and cameras 501/502 provide images of this harvesting zone to the controller. In other words, the harvesting zone is considered to include the incoming crop to the header that is positioned in front of and in between the sides of the header, applicant appears to be somehow narrowly interpreting the harvesting zone in a different manner. In applicants drawings, such as figure 5, the sensors 178 are in front of the entire header structure and capturing a similar section of forward crop incoming into the headers components. The claim language is considered broad and does not specifically define a precise harvesting zone in relationship to other structural elements of the header. For these reasonings, the interpreted harvesting zone is deemed appropriate and the rejection is maintained by the office.
Applicant argues that sensors 701 are not located at the first and second ends. The first and second ends are defined as the ends of the header, the distal sensors 701 are located at these ends even though they are behind the header as they provide images of the ends of the header in a rear zone. The claim language is broad and does not claim a specific structure and mounting location of rear zone sensors to overcome this interpretation. For this reasoning, the interpreted rear zone and sensor location is deemed appropriate and the rejection is maintained by the office.
Conclusion
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 ADAM J BEHRENS whose telephone number is (303)297-4336. The examiner can normally be reached M-F 9am-2pm MST.
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, 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.
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.
/ADAM J BEHRENS/Primary Examiner, Art Unit 3671
Prosecution Insights