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 .
The amendment filed on 05/06/2026 has been entered and fully considered.
Claims 1, 13, and 19 have been amended.
Claims 14 and 20 have been canceled.
Claims 1-13 and 15-19 are pending in Instant Application.
Response to Arguments
Regarding Double Patenting rejection: Applicant’s amendments and arguments regarding the Double Patenting rejection have overcome the Double Patenting rejection raised in the previous action; therefore the Double Patenting rejection is hereby withdrawn.
Regarding 101 rejection: Applicant’s amendments and arguments to claims 13 and 15-19 have overcome the 101 rejection raised in the previous action; therefore the 101 rejection is hereby withdrawn.
Regarding 102 rejection: Applicant’s arguments with respect to claim(s) 1, 13, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
Claims 1-2, 5-8, 10-13, 15-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Herrmann et al. (USPGPub 2023/0000015) in view of Vandike et al. (USPGPub 2021/0015045). As per claim 1, Herrmann discloses an agricultural machine for reducing harvesting loss during a harvesting operation, comprising: front ground engaging mechanisms coupled to a front axle (see at least Figure 3); rear ground engaging mechanisms coupled to a rear axle (see at least Figure 3; a chassis supported above a surface by the front ground engaging mechanisms and rear ground engaging mechanisms (see at least Figure 3 and paragraph 0030; wherein a chassis 12 of the harvester 10); a cutting head located forward of the front ground engaging mechanisms and configured to harvest crop in a worksite (see at least paragraph 0039; wherein a header 780 (e.g., grain platform, flex platform) includes a cutting mechanism to cause cutting of crops to be positioned into an auger or draper (belt feed)); at least one image sensor configured to capture one or more images of a field of view, the field of view being external to the agricultural machine (see at least Figure 3 and paragraph 0030; wherein an imaging system 50 (e.g., image capturing devices 50a, 50b, 50c) in accordance with one embodiment. In one example, device 50c is positioned or mounted on a chassis 12 of the harvester 10); and a controller configured to receive data corresponding to one or more images of the field of view from the at least one image sensor (see at least Figure 7; items 720, 733, 784), determine the amount of grain shown in the one or more images of the field of view based on the received data, and adjust at least one operational characteristic of the agricultural machine based on the amount of grain determined to be shown in the one or more images of the field of view (see at least paragraph 0030; wherein the imaging system 50 captures images of unharvested crop in a first region to be harvested that is adjacent to a second region that has been harvested. The captured images are analyzed to determine crop information from the second region that was dispersed by the harvester while harvesting the second region. Settings of the harvester for the first region can be adjusted based on analyzing the captured images as discussed in the operations of method 200). Herrmann does not explicitly mention the field of view including an area of the worksite harvested by the cutting head and located rearward of a centerline of the front axle. However Vandike does disclose: the field of view including an area of the worksite harvested by the cutting head and located rearward of a centerline of the front axle (see at least paragraph 0058 and Figure 4; wherein sensor 346 comprise a sensor such as a camera, emitter-detector pair or the like supported below the chaffer/sieve 428 to output signals that may be used to determine or estimate grain quality, chaffer/sieve performance, threshing performance and the like). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Hunt, II with the teachings as in Herrmann. The motivation for doing so would have been to improve fuel efficiency, see Vandike paragraph 0063. As per claim 2, Herrmann discloses wherein the field of view includes an area underneath a portion of the chassis (see at least Figure 3; item 50c). As per claim 5, Herrmann discloses wherein the controller is configured to adjust at least one of the following operational characteristics of the agricultural machine based on the amount of grain determined to be shown in the one or more images of the field of view: speed of the agricultural machine, direction of travel of the agricultural machine, at least one operational characteristic of the cutting head, and at least one operational characteristic of a threshing assembly of the agricultural machine that is configured to process crop harvested by the cutting head (see at least paragraph 0028; wherein adjusting settings or parameters (e.g., adjust angle of header, header height, header speed, reel speed, reel tine angle, deck plate spacing, adjusting fan speed, cylinder speed, concave clearance, vehicle speed, precleaner, chaffer, extension, sieve, draper belt speed) of the harvester for the first region based on the crop information). As per claim 6, Herrmann discloses wherein the field of view includes an area forward of a center line of the rear axle (see at least paragraph 0030; wherein an imaging system 50 (e.g., image capturing devices 50a, 50b, 50c) in accordance with one embodiment. In one example, device 50a is integrated with a front of a snout, device 50b is positioned on an upper region of the header 15, and device 50c is positioned or mounted on a chassis 12 of the harvester 10). As per claim 7, Herrmann discloses further comprising: a threshing assembly positioned rearward of the cutting head (see at least paragraph 0039; wherein The machine combines reaping, threshing, and winnowing operations in a single harvesting operation); and a clean crop routing assembly configured to cooperate with the threshing assembly to separate grain from material other than grain of the harvested crop (see at least paragraph 0031; wherein the feederhouse 16 carries the plant material into the combine where the grain is separated from the other plant material. The separated grain is then carried upward by the grain elevator 120 to the auger 150 which carries the grain into the grain tank 20. The other plant material is discharged out the back of the combine); wherein the at least one image sensor is located underneath at least one of the threshing assembly and the clean crop routing assembly (see at least Figure 3; item 50c). As per claim 8, Herrmann discloses wherein the at least one image sensor is directed laterally inward toward a lateral centerline of the agricultural machine (see at least Figure 3; item 50c). As per claim 10, Herrmann discloses wherein the cutting head extends laterally from a first end to a second end (see at least paragraph 0028; wherein adjusting settings or parameters (e.g., adjust angle of header, header height, header speed, reel speed, reel tine angle, deck plate spacing, adjusting fan speed, cylinder speed, concave clearance, vehicle speed, precleaner, chaffer, extension, sieve, draper belt speed) of the harvester for the first region based on the crop information); and wherein the at least one image sensor is located on at least one of the first end and the second end of the cutting head (see at least paragraph 0035; wherein the harvester 500 (e.g., corn harvester) includes looking forward sensors 510-512 having a field of view that is forward in a direction of travel 540 of the harvester and looking down sensors 520-521 that view the ground surface of a field). As per claim 11, Herrmann discloses further comprising: a threshing assembly positioned rearward of the cutting head (see at least paragraph 0039; wherein The machine combines reaping, threshing, and winnowing operations in a single harvesting operation); a clean crop routing assembly configured to cooperate with the threshing assembly to separate grain from material other than grain of the harvested crop; a spreader configured to output the material other than grain from the agricultural machine (see at least paragraph 0031; wherein the feederhouse 16 carries the plant material into the combine where the grain is separated from the other plant material. The separated grain is then carried upward by the grain elevator 120 to the auger 150 which carries the grain into the grain tank 20. The other plant material is discharged out the back of the combine); and an additional image sensor configured to capture one or more images of an additional field of view that includes an area configured to receive the material other than grain of the harvested crop output from the agricultural machine (see at least paragraph 0034; wherein looking rearward sensor 425 having a field of view that is backward in an opposite direction of travel 440, and looking down sensors 430-433 that view the ground surface of a field. The looking down sensors will see where beans are bent over or see intact pods not harvested). As per claim 12, Herrmann discloses wherein the controller is configured to: receive an indication of a pre-harvest grain loss; and generate a cutting head harvesting loss map, which indicates grain loss during the harvesting operation relative to locations in the worksite, based on the indication of pre-harvest grain loss and based on the amount of grain determined to be shown in the one or more images of the field of view (see at least paragraph 0027; wherein analyzing the captured images to determine crop information (e.g., a level or amount of residue crop, residue crop effectiveness, crop header loss, bent over crop that was not cut in second region, soybean percentage of stalk uncut or length stalk uncut, percent area of bent stalks, a level or percentage of soybean cut quality, percent area of intact pods, percentage of surface area viewed that has kernels, percentage of yield loss of crop based on bushel acre estimate or cost per acre estimate, bushels of crop lost per acre based on cost per acre estimate, economic loss window, etc.) for crop from the second region that was dispersed or discarded by the harvester while harvesting the second region). As per claim 13, Herrmann discloses an agricultural machine for reducing harvesting loss during a harvesting operation, comprising: front ground engaging mechanisms configured to rotate during movement of the agricultural machine (see at least Figure 3); rear ground engaging mechanisms configured to rotate during movement of the agricultural machine (see at least Figure 3); a chassis supported above a surface by the pair of front ground engaging mechanisms and the pair of rear ground engaging mechanisms (see at least Figure 3 and paragraph 0030; wherein a chassis 12 of the harvester 10); a cutting head located forward of the pair of front ground engaging mechanisms and configured to harvest crop (see at least paragraph 0039; wherein a header 780 (e.g., grain platform, flex platform) includes a cutting mechanism to cause cutting of crops to be positioned into an auger or draper (belt feed)); a slope conveyor located rearward of the cutting head and forward of an inlet of a threshing assembly, the threshing assembly being configured to process harvested crop (see at least paragraph 0031; wherein the crop being harvested is drawn through the header 15 which gathers the plant material and feeds it into the feederhouse 16. The feederhouse 16 carries the plant material into the combine where the grain is separated from the other plant material. The separated grain is then carried upward by the grain elevator 120 to the auger 150 which carries the grain into the grain tank 20. The other plant material is discharged out the back of the combine); at least one image sensor configured to capture one or more images of a field of view that is external to the agricultural machine (see at least Figure 3 and paragraph 0030; wherein an imaging system 50 (e.g., image capturing devices 50a, 50b, 50c) in accordance with one embodiment. In one example, device 50c is positioned or mounted on a chassis 12 of the harvester 10); and a controller configured to receive data corresponding to one or more images of the field of view from the at least one image sensor (see at least Figure 7; items 720, 733, 784) and determine the amount of grain shown in the one or more images of the field of view based on the received data corresponding to one or more images of the field of view (see at least paragraph 0030; wherein the imaging system 50 captures images of unharvested crop in a first region to be harvested that is adjacent to a second region that has been harvested. The captured images are analyzed to determine crop information from the second region that was dispersed by the harvester while harvesting the second region. Settings of the harvester for the first region can be adjusted based on analyzing the captured images as discussed in the operations of method 200); and adjust at least one operational characteristic of the cutting head based on the amount of grain shown in the one or more images of the field of view (see at least paragraph 0030; wherein the imaging system 50 captures images of unharvested crop in a first region to be harvested that is adjacent to a second region that has been harvested. The captured images are analyzed to determine crop information from the second region that was dispersed by the harvester while harvesting the second region. Settings of the harvester for the first region can be adjusted based on analyzing the captured images as discussed in the operations of method 200). Herrmann does not explicitly mention field of view includes an area harvested by the cutting head and located underneath the threshing assembly. However Vandike does disclose: field of view includes an area harvested by the cutting head and located underneath the threshing assembly (see at least paragraph 0058 and Figure 4; wherein sensor 346 comprise a sensor such as a camera, emitter-detector pair or the like supported below the chaffer/sieve 428 to output signals that may be used to determine or estimate grain quality, chaffer/sieve performance, threshing performance and the like). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Hunt, II with the teachings as in Herrmann. The motivation for doing so would have been to improve fuel efficiency, see Vandike paragraph 0063. As per claim 15, Herrmann discloses wherein the controller is configured to adjust at least one operational characteristic of the threshing assembly based on the amount of grain shown in the one or more images of the field of view (see at least paragraph 0028; wherein adjusting settings or parameters (e.g., adjust angle of header, header height, header speed, reel speed, reel tine angle, deck plate spacing, adjusting fan speed, cylinder speed, concave clearance, vehicle speed, precleaner, chaffer, extension, sieve, draper belt speed) of the harvester for the first region based on the crop information). As per claim 16, Herrmann discloses wherein the field of view includes an area forward of the rear ground engaging mechanisms (see at least Figure 3, item 50c). As per claim 18, Herrmann discloses wherein the controller is configured to: receive an indication of a pre-harvest grain loss; and determine a cutting head grain loss value based on the indication of pre-harvest grain loss and based on the amount of grain determined to be shown in the one or more images of the field of view (see at least paragraph 0027; wherein analyzing the captured images to determine crop information (e.g., a level or amount of residue crop, residue crop effectiveness, crop header loss, bent over crop that was not cut in second region, soybean percentage of stalk uncut or length stalk uncut, percent area of bent stalks, a level or percentage of soybean cut quality, percent area of intact pods, percentage of surface area viewed that has kernels, percentage of yield loss of crop based on bushel acre estimate or cost per acre estimate, bushels of crop lost per acre based on cost per acre estimate, economic loss window, etc.) for crop from the second region that was dispersed or discarded by the harvester while harvesting the second region). As per claim 19, Herrmann discloses method for reducing harvesting loss of an agricultural machine during a harvesting operation, the method comprising: capturing one or more images of a field of view that is external to the agricultural machine (see at least Figure 3 and paragraph 0030; wherein an imaging system 50 (e.g., image capturing devices 50a, 50b, 50c) in accordance with one embodiment. In one example, device 50c is positioned or mounted on a chassis 12 of the harvester 10), the threshing assembly being configured to process harvested crop received from a slope conveyor located rearward of a cutting head that harvests crop and forward of an inlet of the threshing assembly (see at least paragraph 0031; wherein the crop being harvested is drawn through the header 15 which gathers the plant material and feeds it into the feederhouse 16. The feederhouse 16 carries the plant material into the combine where the grain is separated from the other plant material. The separated grain is then carried upward by the grain elevator 120 to the auger 150 which carries the grain into the grain tank 20. The other plant material is discharged out the back of the combine); receiving, via a controller, data corresponding to one or more images of the field of view from the at least one image sensor (see at least Figure 7; items 720, 733, 784); and determining, via the controller, the amount of grain shown in the one or more images of the field of view based on the received data corresponding to one or more images of the field of view (see at least paragraph 0030; wherein the imaging system 50 captures images of unharvested crop in a first region to be harvested that is adjacent to a second region that has been harvested. The captured images are analyzed to determine crop information from the second region that was dispersed by the harvester while harvesting the second region. Settings of the harvester for the first region can be adjusted based on analyzing the captured images as discussed in the operations of method 200); and adjusting at least one operational characteristic of the agricultural machine based on the amount of grain determined, via the controller, to be shown in the one or more images of the field of view (see at least paragraph 0030; wherein the imaging system 50 captures images of unharvested crop in a first region to be harvested that is adjacent to a second region that has been harvested. The captured images are analyzed to determine crop information from the second region that was dispersed by the harvester while harvesting the second region. Settings of the harvester for the first region can be adjusted based on analyzing the captured images as discussed in the operations of method 200).Herrmann does not explicitly mention capturing one or more images of a field of view includes an area harvest by the cutting head and located underneath a threshing assembly of the agricultural machine. However Vandike does disclose: capturing one or more images of a field of view includes an area harvest by the cutting head and located underneath a threshing assembly of the agricultural machine (see at least paragraph 0058 and Figure 4; wherein sensor 346 comprise a sensor such as a camera, emitter-detector pair or the like supported below the chaffer/sieve 428 to output signals that may be used to determine or estimate grain quality, chaffer/sieve performance, threshing performance and the like). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Hunt, II with the teachings as in Herrmann. The motivation for doing so would have been to improve fuel efficiency, see Vandike paragraph 0063.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Herrmann et al. (USPGPub 2023/0000015), in view of Vandike et al. (USPGPub 2021/0015045), and further in view of Hunt, II et al. (USPGPub 2024/0357968). As per claim 3, Herrmann and Vandike do not explicitly mention further comprising: at least one light emitting device configured to emit light into the field of view. However Hunt, II does disclose: further comprising: at least one light emitting device configured to emit light into the field of view (see at least paragraph 0038; wherein the transceiver-based sensor 108 may correspond to a light detection and ranging (LIDAR) sensor configured to emit light/laser output signals for reflection off of the portion of the field present within its field of view). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Hunt, II with the teachings as in Herrmann and Vandike. The motivation for doing so would have been to improve the sensor support system, see Hunt, II paragraph 0004.
As per claim 4, Herrmann discloses wherein the at least one light emitting device includes at least one laser (see at least paragraph 0038; wherein the transceiver-based sensor 108 may correspond to a light detection and ranging (LIDAR) sensor configured to emit light/laser output signals for reflection off of the portion of the field present within its field of view).
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Herrmann et al. (USPGPub 2023/0000015), in view of Vandike et al. (USPGPub 2021/0015045), and further in view of Neitemeier et al. (USPGPub 2024/0337617). As per claim 9, Herrmann discloses further comprising: a threshing assembly positioned rearward of the cutting head (see at least paragraph 0039; wherein The machine combines reaping, threshing, and winnowing operations in a single harvesting operation); a clean crop routing assembly configured to cooperate with the threshing assembly to separate grain from material other than grain of the harvested crop (see at least paragraph 0031; wherein the feederhouse 16 carries the plant material into the combine where the grain is separated from the other plant material. The separated grain is then carried upward by the grain elevator 120 to the auger 150 which carries the grain into the grain tank 20. The other plant material is discharged out the back of the combine). Herrmann and Vandike do not explicitly mention side walls between which the threshing assembly and the clean crop routing assembly are positioned; wherein the at least one image sensor is located on at least one of the side walls. However Neitemeir does disclose: side walls between which the threshing assembly and the clean crop routing assembly are positioned; wherein the at least one image sensor is located on at least one of the side walls (see at least paragraph 0020; wherein the at least one sensor assembly may be arranged or positioned in at least one wall of any one, any combination, or all of an inclined conveyor, a grain elevator or a return elevator of the combine harvester, and/or the at least one sensor assembly may be assigned to any one, any combination, or all of a threshing device, a separating device or a cleaning device of the combine harvester). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Neitemeir with the teachings as in Herrmann and Vandike. The motivation for doing so would have been to improve abrasion resistance and the low installation space requirement, see Neitemeir paragraph 0018. As per claim 17, Herrmann discloses further comprising: a clean crop routing assembly configured to cooperate with the threshing assembly to separate grain from material other than grain of the harvested crop (see at least paragraph 0039; wherein the machine combines reaping, threshing, and winnowing operations in a single harvesting operation…see at least paragraph 0031; wherein the feederhouse 16 carries the plant material into the combine where the grain is separated from the other plant material. The separated grain is then carried upward by the grain elevator 120 to the auger 150 which carries the grain into the grain tank 20. The other plant material is discharged out the back of the combine). Herrmann and Vandike do not explicitly mention a first side wall and a second side wall between which the threshing assembly and the clean crop routing assembly are positioned; wherein the at least one image sensor is located on at least one of the first side wall and the second side wall. However Neitemeir does disclose: a first side wall and a second side wall between which the threshing assembly and the clean crop routing assembly are positioned; wherein the at least one image sensor is located on at least one of the first side wall and the second side wall (see at least paragraph 0020; wherein the at least one sensor assembly may be arranged or positioned in at least one wall of any one, any combination, or all of an inclined conveyor, a grain elevator or a return elevator of the combine harvester, and/or the at least one sensor assembly may be assigned to any one, any combination, or all of a threshing device, a separating device or a cleaning device of the combine harvester). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Neitemeir with the teachings as in Herrmann and Vandike. The motivation for doing so would have been to improve abrasion resistance and the low installation space requirement, see Neitemeir paragraph 0018.
Relevant Art
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: USPGPub 2022/0394922 – Provide a harvester monitoring system configured to determine one or more parameters associated with harvested items, the system comprising: a camera module having a field of view and configured to generate image data associated with the harvested items; a mounting bracket configured to secure the camera module to a harvester such that a conveyor of the harvester is within the field of view of the camera module; a location sub-system configured to determine and output location data representative of a geographical location of the harvester monitoring system; and a processing unit configured to receive the image data and the location data, to determine one or more parameters associated with the harvested items, and to record the one or more parameters in association with the location data on a computer readable medium.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MAHMOUD S ISMAIL whose telephone number is (571)272-1326. The examiner can normally be reached M - F: 8:00AM- 4:00PM.
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/MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662
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