Prosecution Insights
Last updated: July 17, 2026
Application No. 18/591,505

INDEPENDENT WING POSITION CONTROL FOR AN AGRICULTURAL IMPLEMENT

Non-Final OA §102§103
Filed
Feb 29, 2024
Examiner
TSUI, ALFRED H
Art Unit
3671
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
CNH Industrial N.V.
OA Round
1 (Non-Final)
32%
Grant Probability
At Risk
1-2
OA Rounds
1y 11m
Est. Remaining
66%
With Interview

Examiner Intelligence

Grants only 32% of cases
32%
Career Allowance Rate
63 granted / 197 resolved
-20.0% vs TC avg
Strong +34% interview lift
Without
With
+33.6%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
33 currently pending
Career history
242
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
86.9%
+46.9% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 197 resolved cases

Office Action

§102 §103
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 . STATUS OF CLAIMS This Non-Final action is in reply to the application 18/591,505 filed on 02/29/2024. Claims 1-3, 5 – 20 are rejected Claims 4 is objected Claims 1 – 20 are currently pending and have been examined. Information Disclosure Statement The information disclosure statement (IDS) submitted on was filed after the mailing date of the 02/09/2024 are fully considered by examiner The submission is in compliance with the provisions of 37 CFR 1.97. 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. Claim(s) 1-3, 5, 8 – 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 6129157 – Noonan et al. hereinafter as NOONAN. Regarding Claim 1 NOONAN discloses: A height adjustment system for an agricultural implement( Col 1 – line 63 – 67 – implement depth control system), comprising: a main lift cylinder configured to control a vertical position of a center section wheel assembly, ( Col 3 line 1 – 3 – center frame section 16, center frame lift assemblies 22 and 24 are connected to the main center section 16) wherein the center section wheel assembly is movably coupled to a center section of a frame of the agricultural implement;( Col2 line 61 – 67 – where in the frame 12 includes a center frame or section 16, col 3 line 8 – 11, cylinder 42 is connected to the lift assemblies 22 and 24) a wing lift cylinder configured to control a vertical position of a wing section wheel assembly, wherein the wing section wheel assembly is movably coupled to a wing section of the frame of the agricultural implement; ( Col 3 line 1 – 7 – wherein the wing section 18 and 20 include lift assemblies 30 and 32, col 8 – 11 cylinders 50 and 52 are located on wings sections 18 and 20 connected to the wing lift assemblies 30 and 32 and Col 4 line 50 – 61 - wheel assembly cylinders) a hydraulic circuit comprising: a main lift metering valve configured to control hydraulic fluid flow to and from the main lift cylinder and the wing lift cylinder to control the vertical position of the center section wheel assembly and the vertical position of the wing section wheel assembly in unison; and ( fig. 1 - Col 3 – line 14 -19 - valves 62,64,70 and 72 via selective control valve 79, and cylinders 42 – 52 connected through valve structure 80 and col 6 line 9 - 13 wherein the feedback system assures the cylinders extend in unison to raise the implement to a level condition, based on broadest reasonable interpretation the main lift metering valve is interpreted to implement valve 80 that controls the elements of the other cylinders for the feedback system to assure the cylinders extend in unison) a wing control valve circuit comprising a first control valve, wherein the first control valve is configured to control fluid flow to and from the wing lift cylinder to control the vertical position of the wing section wheel assembly independently of the center section wheel assembly. ( Col 5 line 63 – 66 - the wing controls can be moved from their detent positions to provide an offset Voltage to raise or lower a wing Section 18 or 20 independently of the center section 16 for better level control. And Fig. 1 – 79 SCV based on broad interpretation to be a four way three position valve ) Regarding Claim 2 NOONAN discloses claim 1 2. The height adjustment system of claim 1, comprising: an additional wing lift cylinder configured to control an additional vertical position of an additional wing section wheel assembly, wherein the additional wing section wheel assembly is movably coupled to an additional wing section of the frame of the agricultural implement; (Col 3 line 1 -7 – wing sections 18 and 20 ) wherein the hydraulic circuit comprises an additional wing control valve circuit comprising a second control valve is configured to control fluid flow to and from the additional wing lift cylinder to control the additional vertical position of the additional wing section wheel assembly independently of the center section wheel assembly. (Col 3 line 10 – 15 – 70 and 72 valves are wing valves, (center valves are 62 and 64), Col 4 line (col 4 line 40 – 43 - In conditions where independent adjustment of different frame portions is desired, the OCU 100 can be adjusted to provide the necessary offset Signal for each Section.) Regarding Claim 3 NOONAN discloses claim 1 3. The height adjustment system of claim 1, wherein the first control valve is a four-way, three-position, solenoid activated valve. ( Fig. 1 – 79 SCV based on broad interpretation to be a four way three position valve) Regarding Claim 5 NOONAN discloses claim 1 5. The height adjustment system of claim 1, comprising: a control system comprising a controller having a processor and a memory, wherein the controller is configured to: ( Col 2 line 27 – 31 – controller ) receive from a user interface a first input corresponding to a first adjustment in the vertical position of the wing section wheel assembly; (col 3 line 30-38 – receive user inputs and the adjust inputs are depth signal left and right wind depth offset) control the first control valve based on the first input received from the user interface. (col 3 line 27 – 34 – controller operated by an operator signals sent through display) Regarding Claim 8 NOONAN discloses claim 1: 8. The height adjustment system of claim 1, wherein the hydraulic circuit comprises: a first hydraulic fluid input configured to provide hydraulic fluid through a first supply conduit to the main lift metering valve; and ( fig. 1 - Col 3 – line 14 -19 - valves 62,64,70 and 72 via selective control valve 79, and cylinders 42 – 52 connected through valve structure 80 and col 6 line 9 - 13 wherein the feedback system assures the cylinders extend in unison to raise the implement to a level condition, fig. 1 – valve 80 - wherein valve 80 has a first hydraulic fluid input) a second hydraulic fluid input configured to provide hydraulic fluid through a second conduit to the main lift metering valve. (fig. 1 – valve 80 - wherein valve 80 has a first hydraulic fluid input) Regarding Claim 9 NOONAN discloses: 9. An agricultural implement, comprising: a frame comprising a center section, a left wing section, and a right wing section; (col 2 – line 63 – 67 and Col 3 line 1 – 7) a center section wheel assembly movably coupled to the center section; ( Col 8 – 20 – center section frame 12 with wheel assemblies 22 and 24) a right wing wheel assembly movably coupled to the right wing section; (Col 4 line 50 – 61 - wheel assembly cylinders ) a left wing wheel assembly movably coupled to the left wing section; (Col 4 line 50 – 61 - wheel assembly cylinders) a height adjustment system comprising: a main lift cylinder configured to control a first vertical position of the center section wheel assembly; (Col 3 line 1 – 6 - Individual electrohydraulically controlled cylinders 42 and 44 are Spaced on the frame 12 and connected to the lift wheel assemblies 22 and 24.) a right wing lift cylinder configured to control a second vertical position of the right wing wheel assembly; (Col 3 line 8 – 15 - Cylinders 50 and 52 located on the wings sections 18 and 20 are connected to the wing lift assemblies 30 and 32.) a left wing lift cylinder configured to control a third vertical position of the left wing wheel assembly; and (Col 3 line 8 – 15 - Cylinders 50 and 52 located on the wings sections 18 and 20 are connected to the wing lift assemblies 30 and 32.) a hydraulic circuit comprising: (Fig. 1 – col 7 – 8 – hydraulic depth control cylinders) a main lift metering valve configured to control hydraulic fluid flow to and from the main lift cylinder, the right wing lift cylinder, and the left wing lift cylinder to control the first vertical position of the center section wheel assembly, the second vertical position of the right wing wheel assembly, and the third vertical position of the left wing wheel assembly in unison; ( fig. 1 - Col 3 – line 14 -19 - valves 62,64,70 and 72 via selective control valve 79, and cylinders 42 – 52 connected through valve structure 80 and col 6 line 9 - 13 wherein the feedback system assures the cylinders extend in unison to raise the implement to a level condition)***( Based on broadest reasonable interpretation the main lift metering valve is interpreted to the selective control valve 79 that controls the elements of the other cylinders for the feedback system to assure the cylinders extend in unison)*** a right wing control valve circuit comprising a first control valve, wherein the first control valve is configured to control fluid flow to and from the right wing lift cylinder to control the second vertical position of the right wing wheel assembly independently of the center section wheel assembly; (Col 5 line 63 – 66 – Once the implement 8 is operating in the field, the wing controls can be moved from their detent positions to provide an offset Voltage to raise or lower a wing Section 18 or 20 independently of the center section 16 for better level control. Col 3 – line 12 – 15 - Valve 72) a left wing control valve circuit comprising a second control valve, wherein the second control valve is configured to control fluid flow to and from the left wing lift cylinder to control the third vertical position of the left wing wheel assembly independently of the center section wheel assembly. (Col 5 line 63 – 66 – Once the implement 8 is operating in the field, the wing controls can be moved from their detent positions to provide an offset Voltage to raise or lower a wing Section 18 or 20 independently of the center section 16 for better level control. Col 3 – line 12 – 15 - Valve 70) Regarding Claim 10 NOONAN discloses claim 9: 10. The agricultural implement of claim 9, comprising: a control system comprising a controller having a processor and a memory, wherein the controller is configured to: (Col 2 – like 26 – 31 - The System includes electrically controlled cylinder valves normally operated by an electronic controller and manually lockable in an open position if there is a circuit failure So the operator can control the implement from the tractor SCV. ) receive from a user interface a first input corresponding to a first adjustment in the second vertical position of the right wing wheel assembly; (col 3 line 30-38 – receive user inputs and the adjust inputs are depth signal left and right wind depth offset) control the first control valve based on the first input received from the user interface. (col 3 line 27 – 34 – controller operated by an operator signals sent through display) Regarding Claim 11 NOONAN discloses claim 10: 11. The agricultural implement of claim 10, wherein the controller is configured to: receive from the user interface a second input corresponding to a second adjustment in the third vertical position of the left wing wheel assembly; (col 3 line 30-38 – receive user inputs and the adjust inputs are depth signal left and right wind depth offset) control the second control valve based on the second input received from the user interface. (col 3 line 27 – 34 – controller operated by an operator signals sent through display) Regarding Claim 12 NOONAN discloses: 12. The agricultural implement of claim 11, comprising: a first position sensor configured to monitor the first vertical position of the center section wheel assembly; ( Col 3 line 25 – 28 - An implement control unit (ICU) 90 is connected to feedback potentiometers 92 or similar transducers which provide Signals via lines 94 corresponding to cylinder Stroke length or Suspension position) a second position sensor configured to monitor the second vertical position of the right wing wheel assembly; and ( Col 3 line 25 – 28 – same as above) a third position sensor configured to monitor the third vertical position of the left wing wheel assembly. ( Col 3 line 25 – 28 – same as above) Regarding Claim 13 NOONAN discloses claim 12: 13. The agricultural implement of claim 12, wherein the controller communicatively coupled to the first position sensor, the second position sensor, and the third position sensor. ( Col 3 line 25 – 27 – controller communicates with sensors such as potentiometers to determine suspension position) Regarding Claim 14 NOONAN discloses claim 12: 14. The agricultural implement of claim 13, wherein the controller is configured to control the hydraulic circuit based on feedback from the first position sensor, the second position sensor, and the third position sensor. ( Col 4 line 35 – 40 - The ICU 90 also compares feedback signals from the transducers and adjusts the output voltage to each of the valves so that the frame 12 can be raised and lowered evenly.) Regarding Claim 15 NOONAN discloses: 15. A hydraulic circuit, comprising: a main lift metering valve configured to receive pressurized hydraulic fluid from a hydraulic pump and to output the pressurized hydraulic fluid to raise and lower a height adjustment system for an agricultural implement, wherein the height adjustment system comprises a plurality of actuating cylinders; and ( fig. 1 - Col 3 – line 14 -19 - valves 62,64,70 and 72 via selective control valve 79, and cylinders 42 – 52 connected through valve structure 80 and col 6 line 9 - 13 wherein the feedback system assures the cylinders extend in unison to raise the implement to a level condition) ***( Based on broadest reasonable interpretation the main lift metering valve is interpreted to the selective control valve 79 that controls the elements of the other cylinders for the feedback system to assure the cylinders extend in unison)*** a wing control valve circuit comprising a first control valve, wherein the first control valve is configured to control fluid flow to and from a wing lift cylinder of the plurality of actuating cylinders, wherein the wing lift cylinder is configured to control a vertical position of a wing section wheel assembly independently of a center section wheel assembly. ( Col 5 line 63 – 66 - the wing controls can be moved from their detent positions to provide an offset Voltage to raise or lower a wing Section 18 or 20 independently of the center section 16 for better level control.) Regarding Claim 16 NOONAN discloses 15: 16. The hydraulic circuit of claim 15, comprising an additional wing control valve circuit comprising a second control valve, wherein the second control valve is configured to control fluid flow to and from an additional wing lift cylinder of the plurality of actuating cylinders, wherein the additional wing lift cylinder is configured to control an additional vertical position of an additional wing section wheel assembly independently of the center section wheel assembly. (Col 3 line 10 – 15 – 70 and 72 valves are wing valves, (center valves are 62 and 64), Col 4 line (col 4 line 40 – 43 - In conditions where independent adjustment of different frame portions is desired, the OCU 100 can be adjusted to provide the necessary offset Signal for each Section.) Regarding Claim 20 NOONAN discloses 15: 20. The hydraulic circuit of claim 15, comprising: a first hydraulic fluid input configured to provide hydraulic fluid through a first supply conduit to the main lift metering valve; ( fig. 1 - Col 3 – line 14 -19 - valves 62,64,70 and 72 via selective control valve 79, and cylinders 42 – 52 connected through valve structure 80 and col 6 line 9 - 13 wherein the feedback system assures the cylinders extend in unison to raise the implement to a level condition, fig. 1 – valve 80 - wherein valve 80 has a first hydraulic fluid input) a second hydraulic fluid input configured to provide hydraulic fluid through a second conduit to the main lift metering valve. (fig. 1 – valve 80 - wherein valve 80 has a first hydraulic fluid input) Regarding Claim 17 NOONAN discloses claim 15 17. The hydraulic circuit of claim 15, wherein the wing control valve circuit comprises a first four-way, three-position, solenoid activated valve. ( Fig. 1 – 79 SCV based on broad interpretation to be a four way three position valve) 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 (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 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. Claim(s) 6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable US Patent 6129157 – Noonan et al. hereinafter as NOONAN in view of CA 3128318 – Maro et al. hereinafter as MARO Regarding Claim 6 NOONAN discloses claim 1 NOONAN discloses of a wing control valve circuit, MARO discloses of a wing control valve circuit with a compensator with a spring end and a shuttle valve to transfer pressure, MARO discloses: 6. The height adjustment system of claim 1, wherein the wing control valve circuit comprises: a compensator with a spring end, wherein the compensator is disposed along an input conduit to the wing control valve circuit; and a shuttle valve configured to transfer a pressure from a rod end or a cap end of the wing lift cylinder to the spring end of the compensator, wherein the shuttle valve and the compensator are configured to create a substantially constant pressure differential across the first control valve. ( para. 0056 – wherein the compensator valve 330 has spring valve and a shuttle valve 358 for low or high pressure relief) It would be obvious to one of ordinary skill in the art for the wing control valve circuit of NOONAN to include a wing control valve circuit with a compensator with a spring end and a shuttle valve to transfer pressure as taught by MARO. This would allow NOONAN to adjust for pressure differential across valves ( para. 0056) Regarding Claim 18 NOONAN discloses 15: NOONAN discloses of a wing control valve circuit, MARO discloses of a wing control valve circuit with a compensator with a spring end and a shuttle valve to transfer pressure, MARO discloses: wherein the wing control valve circuit comprises: a compensator with a spring end, wherein the compensator is disposed along an input conduit to the wing control valve circuit; and a shuttle valve configured to transfer a pressure from a rod end or a cap end of the wing lift cylinder to the spring end of the compensator, wherein the shuttle valve and the compensator are configured to create a substantially constant pressure differential across the first control valve. ( para. 0056 – wherein the compensator valve 330 has spring valve and a shuttle valve 358 for low or high pressure relief) It would be obvious to one of ordinary skill in the art for the wing control valve circuit of NOONAN to include a wing control valve circuit with a compensator with a spring end and a shuttle valve to transfer pressure as taught by MARO. This would allow NOONAN to adjust for pressure differential across valves ( para. 0056) Claim(s) 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable US Patent 6129157 – Noonan et al. hereinafter as NOONAN in view of US PG 20200196512 – Deng et al. hereinafter as DENG Regarding Claim 7 NOONAN claim 1 NOONAN discloses oh a hydraulic system , DENG discloses of a check valve to enable flow from output valve and a pilot couple to check valve when in response to pressurized pilot, DENG further discloses: 7. The height adjustment system of claim 1, wherein the wing control valve circuit comprises: a check valve configured to enable fluid flow from a first output valve conduit to a second output valve conduit, and normally block fluid flow from the second output valve conduit to the first output valve conduit; and a pilot conduit fluidly coupled to the check valve, wherein the check valve is configured to open and enable fluid to flow from the second output valve conduit to the first output valve conduit in response to the pilot conduit being pressurized. ( para. 0089 and 90 – where in a check valve blocks fluid, pilot check valve to block flow from entering and existing cylinder) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the hydraulic system of NOONAN to utilize a check valve to enable flow from output valve and a pilot couple to check valve when in response to pressurized pilot as taught by DENG. This would allow NOONAN to block flow and allow pressure In one direction para. 0089) Regarding Claim 19 NOONAN claim 15 NOONAN discloses oh a hydraulic system , DENG discloses of a check valve to enable flow from output valve and a pilot couple to check valve when in response to pressurized pilot, DENG further discloses: wherein the wing control valve circuit comprises: a check valve configured to enable fluid flow from a first output valve conduit to a second output valve conduit, and normally block fluid flow from the second output valve conduit to the first output valve conduit; and a pilot conduit fluidly coupled to the check valve, wherein the check valve is configured to open and enable fluid to flow from the second output valve conduit to the first output valve conduit in response to the pilot conduit being pressurized. ( para. 0089 and 90 – where in a check valve blocks fluid, pilot check valve to block flow from entering and existing cylinder) It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for the hydraulic system of NOONAN to utilize a check valve to enable flow from output valve and a pilot couple to check valve when in response to pressurized pilot as taught by DENG. This would allow NOONAN to block flow and allow pressure In one direction para. 0089) Allowable Subject Matter Claims 4 is allowable Claims 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. NOONAN / DENG / MARO discloses a height adjustment system for an agricultural implement, however it does not explicitly disclose wherein the second control valve is a four-way, three-position, solenoid activated valve. Such a modification would require too significant of a redesign and would constitute an improper degree of hindsight reasoning. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm. 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, Chris Sebesta can be reached on 5712720547. 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. /A.H.T/Examiner, Art Unit 3671 /CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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Prosecution Timeline

Feb 29, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
32%
Grant Probability
66%
With Interview (+33.6%)
4y 3m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
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