Prosecution Insights
Last updated: April 19, 2026
Application No. 18/563,714

AUGER DRIVE ASSEMBLY FOR AN AGRICULTURAL HARVESTER

Non-Final OA §102§103
Filed
Nov 22, 2023
Examiner
MARTINEZ, JOSE ANTONIO
Art Unit
3671
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Cnh Industrial America LLC
OA Round
1 (Non-Final)
96%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 96% — above average
96%
Career Allow Rate
23 granted / 24 resolved
+43.8% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
18 currently pending
Career history
42
Total Applications
across all art units

Statute-Specific Performance

§103
58.8%
+18.8% vs TC avg
§102
34.6%
-5.4% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 resolved cases

Office Action

§102 §103
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. (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, 10-11, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulze Selting et al. (US 20180368320 A1). Regarding claim 1, Schulze Selting teaches a multi-segment header (2) for an agricultural harvester (combine harvester; see Schulze Selting [0001]) comprising: a chassis (6) a multi-segment auger (16, 18) supported by the chassis (6), the multi-segment auger including a first auger segment (16) and a second auger segment (18); and a drive assembly (28) centrally located with respect to the chassis (6) for rotatably driving the multi-segment auger (16, 18), the drive assembly including: a motor (34) spaced from the multi-segment auger (16, 18), and a driven shaft (32) operatively engaged with the motor (34), and the first (16) and second auger segments (18). Regarding claim 10, Schulze Selting teaches the multi-segment header of claim 1, wherein the motor (34) is a hydraulic (See Schulze Selting [0041], line 1), a pneumatic or an electric motor. Regarding claim 11, Schulze Selting teaches the multi-segment header of claim 1, wherein the motor (34) is positioned posteriorly and spaced from a longitudinal centerline of the multi-segment auger (16, 18). (See Schulze Selting annotated Fig. 2 below) PNG media_image1.png 641 870 media_image1.png Greyscale Regarding claim 17, Schulze Selting teaches an agricultural harvester (combine harvester; see Schulze Selting [0001]) comprising the multi-segment header (2) of claim 1. 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. Claims 2-4, 8-9, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Schulze Selting et al. (US 20180368320 A1) in view of Remillard (US 20160309651 A1). Regarding claim 2, Schulze Selting teaches the multi-segment header of claim 1, wherein the drive assembly (28) further comprises: a housing (See Schulze Selting annotated Fig. 4 below) PNG media_image2.png 713 886 media_image2.png Greyscale However, Schulze Selting fails to disclose the first and second sprockets housed within the housing; and an endless belt extending between the first and second sprockets, wherein the motor is adjacent a posterior end of the housing, and the driven shaft is operatively engaged with one of the first and second sprockets. Remillard teaches first (42) and second (43) sprockets housed within the housing (31); and an endless belt (44) extending between the first (42) and second (43) sprockets, wherein the motor (38) is adjacent a posterior end of the housing (31), and the driven shaft (33) is operatively engaged with one of the first (42) and second (43) sprockets. (See Remillard annotated Fig. 5 below) PNG media_image3.png 924 648 media_image3.png Greyscale It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the multi-segment header as taught by Schulze Selting with the first and second sprocket and endless belt as disclosed by Remillard to transmit rotational power from the motor to the driven shaft in a compact, protected, and mechanically efficient manner. Regarding claim 3, Schulze Selting teaches the multi-segment header of claim 2. However, Schulze Selting fails to disclose wherein the drive assembly further comprises a belt tensioner for adjusting a tension of the endless belt. Remillard teaches wherein the drive assembly (30) further comprises a belt tensioner (49) for adjusting a tension of the endless belt (44). Remillard states, "The cam 46 carries a ratchet 49 which rotates with the cam relative to a pawl 50 which can be released by a finger lever 51. In order to allow the movement to release the tension therefore the pawl is lifted and the cam rotated to drive movement of the plate 45." (Remillard [0050]) It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the multi-segment header as taught by Schulze Selting with the belt tensioner and endless belt as disclosed by Remillard to maintain proper belt tension and prevent premature wear or failure during operation. Regarding claim 4, Schulze Selting teaches the multi-segment header of claim 2, wherein the driven shaft (32) extends laterally outwardly from both the left and right sides of the housing (See Schulze Selting annotated Fig. 5 below) for engaging respective first (16) and second (18) auger segments. PNG media_image4.png 740 886 media_image4.png Greyscale Regarding claim 8, Schulze Selting teaches the multi-segment header of claim 2, wherein the driven shaft (32) includes a shoulder (36) for axially securing the driven shaft in a fixed position. (See Schulze Selting [0042], line 2) Regarding claim 9, Schulze Selting teaches the multi-segment header of claim 2, wherein the housing (See Schulze Selting annotated Fig. 5 below) is positioned between the first (42) and second (43) auger segments. PNG media_image4.png 740 886 media_image4.png Greyscale Regarding claim 12, Schulze Selting teaches the multi-segment header of claim 2, wherein the drive assembly (28) further comprises a mounting plate (See Schulze Selting annotated Fig. 4 below) for mounting the motor (34) to the housing (See Schulze Selting annotated Fig. 4 below). PNG media_image5.png 713 886 media_image5.png Greyscale Regarding claim 13, Schulze Selting teaches the multi-segment header of claim 12, wherein the mounting plate (See Schulze Selting annotated Fig. 4 below) is adjustably movable relative to the housing (See Schulze Selting annotated Fig. 4 below). PNG media_image6.png 713 886 media_image6.png Greyscale Regarding claim 14, Schulze Selting teaches the multi-segment header of claim 12, wherein the mounting plate (See Schulze Selting annotated Fig. 4 below) includes an elongated slot (See Schulze Selting annotated Fig. 4 below) for receiving a fastener (See Schulze Selting annotated Fig. 4 below). PNG media_image7.png 713 886 media_image7.png Greyscale Regarding claim 15, Schulze Selting teaches the multi-segment header of claim 14, wherein the mounting plate (See Schulze Selting annotated Fig. 4 below) is movable relative to the fastener (See Schulze Selting annotated Fig. 4 below) along a length of the elongated slot (See Schulze Selting annotated Fig. 4 below). PNG media_image7.png 713 886 media_image7.png Greyscale Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Schulze Selting et al. (US 20180368320 A1) in view of Remillard (US 20160309651 A1) as applied to claims 2-4, 8-9, and 12-15 above, and further in view of Nelson (US 6381937 B1). Regarding claim 5, Schulze Selting teaches the multi-segment header of claim 2. However, Schulze Selting fails to disclose wherein the driven shaft is axially secured to one of the first and second sprockets with a hex clamp. Remillard teaches wherein the driven shaft (33) is axially secured to one of the first (42) and second sprockets (43). (See Remillard annotated Fig. 5 below) PNG media_image8.png 924 648 media_image8.png Greyscale It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the multi-segment header as taught by Schulze Selting with the first and second sprockets as disclosed by Remillard to transmit rotational power from the motor to the driven shaft in a compact, protected, and mechanically efficient manner. While Nelson teaches a hex clamp (38). Nelson states, "The sprocket and bearing spacers (38) are bolted (39) to the shafts (28) between components on the shafts to prevent lateral movement of any component on the shaft." (Nelson Col. 15, lines 65-67). Nelson also states, "The paddle chain frame (6) consists of bar metal welded together to form a rigid structure that supports the lower idler shaft bearings (5) and idler sprockets (27) on a one-inch hex shaft." (Nelson Col. 13, lines 61-64). Thus, the sprocket and bearing spacers are mounted on and fixed relative to the hexagonal shaft, the spacers necessarily include a hexagonal engagement surface corresponding to the hex shaft profile. It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the multi-segment header as taught by Schulze Selting with the sprocket and bearing spacers as disclosed by Nelson to prevent relative rotation and axial displacement. Regarding claim 7, Schulze Selting teaches the multi-segment header of claim 2. However, Schulze Selting fails to disclose wherein the drive assembly further comprises an idler sprocket for adjusting tension of the endless belt. Nelson teaches wherein the drive assembly (6) further comprises an idler sprocket (27) for adjusting tension of the endless belt (8). Nelson states, "This allows the paddle (9) to be in position to enter the cotton stripping process in a vertical stance, i.e. parallel to the cotton stalks as the paddles travel around the front idler sprocket (27)." (Nelson Col. 11, lines 48-52) It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the multi-segment header as taught by Schulze Selting with the idler sprocket as disclosed by Nelson to maintain proper belt tension, reduce belt slack, and improve operational reliability of the belt driven system. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Schulze Selting et al. (US 20180368320 A1) in view of Remillard (US 20160309651 A1) as applied to claims 2-4, 8-9, and 12-15 above, and further in view of Oswald et al. (US 4572311 A). Regarding claim 6, Schulze Selting teaches the multi-segment header of claim 2. However, Schulze Selting fails to disclose the housing comprises a removable plug for removing debris from an interior of the housing. Oswald teaches wherein the housing comprises a removable plug for removing debris from an interior of the housing. Oswald states, "Drain plugs 14 and 16 are located at the bottom and outside surfaces, respectively, of frame 12 to facilitate draining or replenishing of lubricants therein." (Oswald Col. 3, lines 65-68) It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the multi-segment header as taught by Schulze Selting with the drain plugs as disclosed by Oswald to replenish lubricants and remove any contaminants. Thus, increasing service life of moving parts. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Schulze Selting et al. (US 20180368320 A1). Regarding claim 16, Schulze Selting teaches the multi-segment header of claim 1 including first (16) and second (18) auger segments arranged on opposite sides of a central drive assembly (28), such that harvested material is conveyed inwardly toward a central region of the header (2). While Schulze Selting fails to specifically disclose wherein a medial end of the first auger segment is spaced from a medial end of the second auger segment about 2 to 7 inches, Schulze Selting does illustrate a central drive region disposed between the auger segments, thereby requiring a spacing between the inwardly facing ends of the auger segments to accommodate the drive assembly. It 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, with a reasonable expectation of success, to have modified the multi-segment header so as to select the spacing between the medial ends of the first and second auger segments to be about 2 to 7 inches, since the precise spacing between opposing auger segments adjacent a central drive assembly is a matter of routine design choice dependent on header width, drive assembly size, and desired crop flow clearance, and selecting a spacing within this range would have provided predictable results. See MPEP §2144.04(IV)(A) Changes in Size. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE ANTONIO MARTINEZ whose telephone number is (571)272-5896. The examiner can normally be reached M-F 7-5. 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 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. JOSE ANTONIO. MARTINEZ Examiner Art Unit 3671 /JOSEPH M ROCCA/Supervisory Patent Examiner, Art Unit 3671
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Prosecution Timeline

Nov 22, 2023
Application Filed
Dec 30, 2025
Non-Final Rejection — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
96%
Grant Probability
99%
With Interview (+5.3%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 24 resolved cases by this examiner. Grant probability derived from career allow rate.

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