DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1, 21-26, 28, 31, 34 and 36-41 are presented for examination on the merits.
Election/Restriction
2. Restriction to one of the following inventions is required under 35 U.S.C. 121:
The inventions are independent or distinct, each from the other because:
Claims 1, 21–31, 33, and 36–41 are pending in the application.
Claims 2–4 and 32 are cancelled.
a. Grouping of Inventions
This application contains the following inventions or groups of distinct inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1. Under 35 U.S.C. 121, the examiner requires a restriction to one of the following inventions:
Group I - Claims 1, 21–31, and 33: Drawn to a mobile commodity storage system featuring a storage tank, a transfer arm, and a controller configured to generate a directional alignment output. USPC 414/523 OR 56/473.5 Material or article handling with titable or collapsable load receiving portion combined with loading and unloading means, static discharging means or harvesters combined wagon.
Group II - Claims 36–39: Drawn to a method of transferring agricultural product utilizing vehicle detection to automatically trigger the launch of an unmanned aerial vehicle (UAV) to project alignment indicators. 701/3 OR 56/10.2R Data processing vehicle, navigation, and relative location; Aircraft control and/or unmanned Aerial vehicle.
Group III - Claims 40–41: Drawn to a subcombination controller apparatus configured to determine a target vehicle position relative to a chute portion when the chute portion is proximate to a ground surface.701/50 or 340/901; Data processing vehicles navigation, and relative location. Construction or agricultural vehicle or communications, electrical signaling vehicle position or alignment indication.
II. Reasons for Restriction
1. Distinctness Between Group II (Process) and Groups I/III (Product/Subcombination)
Inventions Group II and Groups I/III are directed to different statutory categories (Process vs. Product).
The method of Group II is distinct from the apparatuses of Groups I and III because the method as claimed can be practiced by another materially different apparatus, such as a stationary grain elevator terminal or an automated overhead industrial hopper equipped with an autonomous drone bay, rather than the specific "mobile commodity storage system" or low-chute controller structural limitations recited in Groups I and III.
The apparatus of Group I is distinct from the method of Group II because it can be used to practice a materially different process, such as utilizing hard-wired physical laser levels, fixed proximity sensors, or manual operator guidance without requiring the deployment or launch of an unmanned aerial vehicle.
2. Distinctness Between Group I (Combination) and Group III (Subcombination)
Inventions Group I and Group III are related as combination and subcombination.
The subcombination controller of Group III is distinct from the combination of Group I because it has separate utility. The controller of Group III has independent utility in non-mobile, commercial material-handling contexts, such as directing delivery trucks into fixed warehouse loading docks, stationary concrete silos, or dry-bulk distribution facilities where a chute is positioned proximate to the ground, without requiring integration into a "mobile commodity storage system" or a specific "transfer arm" structure.
III. Burden on the Examiner
A restriction requirement is proper here because the groups represent independent and distinct inventions that present an undue burden on the examiner if searched together.
Different Fields of Search: Group I requires a search in the field of agricultural material handling, vehicular storage structures, and local visual driver displays (e.g., Class 414 and Class 701). Group II requires an entirely distinct search in the field of aviation, specifically autonomous unmanned aerial vehicle (UAV) flight logic, remote launch triggers, and aerial payload projection systems (e.g., Class 244 and Class 348). Group III narrows the search profile to standalone, ground-proximity sensor logic and terminal control architecture.
Prior Art Profile: The prior art necessary to evaluate the drone-launching triggers and aerial tracking systems of Group II is fundamentally separate from the structural and mechanical prior art associated with grain carts, augers, and cart-mounted display configurations of Group I.
Accordingly, a search of all three groups would require a serious division of the examiner's time and effort. Restriction is required.
IV. Applicant's Response
3. Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
The inventions are independent or distinct, each from the other; See MPEP § 806.05(h).
4. On May 26, 2026, a restriction requirement under 35 U.S.C. 121 was made in the present application between the following two groups: (I) Group I - Claims 1, 21–31, and 33: Drawn to a mobile commodity storage system featuring a storage tank, a transfer arm, and a controller configured to generate a directional alignment output.
During a telephone conversation with Chris R Christenson, attorney for applicant, on May 26th, a provisional election was made with traverse to prosecute the invention of group I, drawn to a mobile commodity storage system featuring a storage tank, a transfer arm, and a controller configured to generate a directional alignment output systems as recited in claims 1, 21–31, and 33-34.
The oral restriction requirement on May 26, 2026 was made by Examiner Girma in Art Unit 2689. The elected subject matter is properly classified in class 414/523 OR 56/473.5.
Affirmation of the election of group I, claims 1-8, must be made by applicant in replying to this Office action. Claims 36-39 and 40-41 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Rejections - 35 USC § 102
5. 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 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.
6. Claims 1, 21-16, 28, 31 and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haack (US 6167337 A).
As to claim 1, Haack discloses in reconfigurable control unit for work vehicles having claimed:
a. a mobile commodity storage system comprising: at least one storage tank configured to store a commodity read on Col. 3, Lines 24-36, (Once the crop is separated from the waste materials (e.g., chaff, tailings, straw and other wastes) by threshing and separating assembly 14, the clean grain travels up a clean grain elevator 20 to a grain tank 22 or to an unloading auger 23 for discharge into a grain cart);
b. a controller configured to generate an output indicative of desired position of a fill vehicle relative to a chut porting of a transfer arm, the transfer arm also including an output through which the commodity is configured to be loaded into the at least on storage tank read on Col. 3, Line 38 – Col. 4, Line 5, (elevator speed sensor 38 is a velocity sensor that measures the velocity of clean grain elevator 20. Elevator speed sensor 38 generates an elevator speed signal indicative of the elevator speed and transmits the elevator speed signal via a bus 39 to harvest work controller 32. Header height sensor 40 is coupled to header 16 and is a position sensor for indicating the position of header 16 relative to harvest vehicle body 12. Header height sensor 40 generates a header height signal indicative of this position and transmits the header height signal via a bus 41 to harvest work controller 32. Harvest work controller 32 may calculate the position of header 16 relative to the ground 26 using the header height signal. Ground speed sensor 42 is a radar-type sensor for sensing the speed of harvest vehicle 10 as it travels across ground 26. Ground speed sensor 42 generates a ground speed signal indicative of the speed of harvest vehicle 10 and transmits the ground speed signal via a bus 43 to harvest work controller 32).
As to claim 21, Haack further discloses:
a. wherein the commodity is an agricultural commodity read on Col. 3, Line 38 – Col. 4, Line5, (Harvest monitor system 30 includes a harvest work controller 32, a grain flow sensor 34, a moisture sensor 36, an elevator speed sensor 38, a header height sensor 40, and a ground speed sensor 42).
As to claim 22, Haack further discloses:
a. wherein the agricultural commodity is a granular agricultural commodity read on Col. 3, Line 38 – Col. 4, Line5, (Harvest monitor system 30 includes a harvest work controller 32, a grain flow sensor 34, a moisture sensor 36, an elevator speed sensor 38, a header height sensor 40, and a ground speed sensor 42).
As to claim 23, Haack further discloses:
a. wherein the transfer arm is configured to lift the commodity from the chute portion located proximateThreshing and separating assembly 14 receives the crop (e.g., wheat, corn) being harvested from a header 16 via a feeder 18. Once the crop is separated from the waste materials (e.g., chaff, tailings, straw and other wastes) by threshing and separating assembly 14, the clean grain travels up a clean grain elevator 20 to a grain tank 22 or to an unloading auger 23 for discharge into a grain cart).
As to claim 24, Haack further discloses:
a. wherein the transfer arm is positionable read on Col. 7, Lines 1-20, (a variety actuator 116 is coupled to multi-channel controller 100 for selecting the variety of the product to be applied by implement actuators 114 based on variety signals received from multi-channel controller 100. An implement status sensor 118 is coupled to monitor interface unit 98 and provides status regarding the implement position to monitor interface unit 98. Also, a frame control actuator 120 is coupled to monitor interface unit 98 and receives signals from monitor interface unit 98 for controlling the frame of the implement).
As to claim 25, Haack further discloses:
a. wherein the output indicative of the desired position of the fill vehicle is a visual output read on Col. 2, Lines 15-21, (a reconfigurable control unit as described above provides a command and display interface for either an applicating vehicle (e.g., a tractor pulling a planter) or a harvesting vehicle (e.g., a combine) adapted to apply a farming input to an agricultural field and to harvest a crop from an agricultural field, respectively).
As to claim 26, Haack further discloses:
a. the mobile commodity storage system of claim wherein the visual output is provided on a display of a computing device read on Col. 2, Lines 15-21, (a reconfigurable control unit as described above provides a command and display interface for either an applicating vehicle (e.g., a tractor pulling a planter) or a harvesting vehicle (e.g., a combine) adapted to apply a farming input to an agricultural field and to harvest a crop from an agricultural field, respectively).
As to claim 28, Haack further discloses:
a. wherein the visual output is provided on a commodity cart that includes the at least one storage tank read on Col. 3, Lines 24-37, (Threshing and separating assembly 14 receives the crop (e.g., wheat, corn) being harvested from a header 16 via a feeder 18. Once the crop is separated from the waste materials (e.g., chaff, tailings, straw and other wastes) by threshing and separating assembly 14, the clean grain travels up a clean grain elevator 20 to a grain tank 22 or to an unloading auger 23 for discharge into a grain cart).
As to claim 31, Haack further discloses:
a. wherein the controller includes a processor and memory and is configured to programmatically execute instructions to generate the output read on Col. 2, Lines 1-14, (Each work controller sends a unique configuration message on a data bus supported by the respective work vehicle. The reconfigurable control unit includes a data bus interface, a memory, a processor and an operator interface. The processor receives the unique configuration message from the data bus, determines which type of work vehicle the control unit is mounted on based upon the received configuration message, and selects from the memory an application program appropriate for the determined work vehicle. The reconfigurable control unit also includes an operator interface including various work vehicle inputs and outputs, these inputs and outputs being defined at least partly by the selected application program).
As to claim 34, Haack further discloses:
a. wherein the at least one storage tank is mounted on a is-self-powered agricultural vehicle read on Item 22, Fig. 1 and Col. 3, Lines 24-37, (Referring first to FIG. 1, a harvest vehicle 10 equipped with a harvest monitor system 30 is shown. Harvest vehicle 10 is, for example, a combine such as the 2100 S Series of axial-flow combine made by Case Corporation of Wisconsin. Harvest vehicle 10 includes a body 12, a cab 28 and a threshing and separating assembly 14 coupled to body 12. Threshing and separating assembly 14 receives the crop (e.g., wheat, corn) being harvested from a header 16 via a feeder 18. Once the crop is separated from the waste materials (e.g., chaff, tailings, straw and other wastes) by threshing and separating assembly 14, the clean grain travels up a clean grain elevator 20 to a grain tank 22 or to an unloading auger 23 for discharge into a grain cart).
7. Claims 27 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Haack in view of Pivac (CN 109715894 A).
As to claim 27, Haack does not explicitly recite wherein the visual output is provided on a ground surface.
However, Pivac in a hanger for conveying such articles of building brick teaches:
a. wherein the visual output is provided on a ground surface read on Page 26, Para 1, (referring to FIG. 5, brick laying and adhesive applying head 32 supporting camera 137, camera 137 observing the ground flat 136 or a structure or object. the brick laying and adhesive applying head 32 provided with a laser or light projector 138, the projection of the point or line 139 to the ground, a base, a plate object 136 or below it. machine vision for determining the ground, foundation, 3 D shape flat plate 136 or laying head below the object. Alternatively, the brick laying and adhesive applying head 32 equipped with the laser scanner 140. after the locating truck and expanding rod, the moving rod and rod assembly 141 to move a brick laying and adhesive applying head 32, the brick laying and adhesive applying head 32 optionally moving around the edge of the flat plate 136, and optionally the mobile over all locations to be built. the machine vision system 143 or scanner 140 scanning flat 136 and the area to be constructed to first machine 2 and the plate 136, the working coordinate system is aligned to the correct position thereof, then the quality inspection plate 136 and checking the flatness and level).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the automated fill system of Pivac into Haack in order to provide a laser or light projector with a projection of the point or line to the ground, a base, a plate object or below it so that the machine vision for determining the ground, foundation 3D shape flat plate or laying head below the object.
As to claim 29, Pivac further discloses:
a. wherein the output indicative of the desired position of the fill vehicle is automatically provided as a guide for moving the fill vehicle read on Page 26, Para 1, (referring to FIG. 5, brick laying and adhesive applying head 32 supporting camera 137, camera 137 observing the ground flat 136 or a structure or object. the brick laying and adhesive applying head 32 provided with a laser or light projector 138, the projection of the point or line 139 to the ground, a base, a plate object 136 or below it. machine vision for determining the ground, foundation, 3 D shape flat plate 136 or laying head below the object. Alternatively, the brick laying and adhesive applying head 32 equipped with the laser scanner 140. after the locating truck and expanding rod, the moving rod and rod assembly 141 to move a brick laying and adhesive applying head 32, the brick laying and adhesive applying head 32 optionally moving around the edge of the flat plate 136, and optionally the mobile over all locations to be built. the machine vision system 143 or scanner 140 scanning flat 136 and the area to be constructed to first machine 2 and the plate 136, the working coordinate system is aligned to the correct position thereof, then the quality inspection plate 136 and checking the flatness and level).
As to claim 30, Pivac further discloses:
a. wherein the output indicative of the desired position of the fill vehicle is also indicative of an orientation of the fill vehicle read on Page 26, Para 1-3, (the brick laying and adhesive applying head 32 equipped with the laser scanner 140. after the locating truck and expanding rod, the moving rod and rod assembly 141 to move a brick laying and adhesive applying head 32, the brick laying and adhesive applying head 32 optionally moving around the edge of the flat plate 136, and optionally the mobile over all locations to be built. the machine vision system 143 or scanner 140 scanning flat 136 and the area to be constructed to first machine 2 and the plate 136, the working coordinate system is aligned to the correct position thereof, then the quality inspection plate 136 and checking the flatness and level. if the plate 136 is uneven or not within the tolerance, then conveying to the tower 10 and hanger rod and rod assembly 141 before selecting bricks or the bricks (not shown) of the first step can be processed independently to correct the flatness or height beyond the range. Alternatively, the blocks may have processed in the groove or notch or recess; to avoid the bulge or defect or object appears on the flat plate 136 (such as protruding through the plate of the pipeline). when paving brick 144 the brick laying and adhesive applying head 32, machine vision 143 or laser scanner 140 is used to measure the paving brick 144, brick 144 of the paving height is stored, and then used to adjust the laying height of slave regulates metabolism bricks (bricks) the next layer paved on it. If the height exceeds a tolerance, then the slave brick processing can be through router 47 above it to a reduced thickness).
8. Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Haack in view of Dillon (CN 109715894 A).
As to claim 33, Haack does not explicitly recite wherein the at least one storage tank is mounted on a device is configured to be pulled by an agricultural vehicle.
However, Dillon in a pull a grain trailer for extra storage capacity teaches:
a. wherein the at least one storage tank is mounted on a device is configured to be pulled by an agricultural vehicle read on Col. 4, Lines 38-61, (grain cart 12 is convention in construction in that it includes wheel pair 28 (see FIG. 2 to view both wheel pairs 28a and 28b), secondary grain hopper 30, auger or conveyor discharge 32 for unloading hopper 30, and tongue 14. What cannot be seen in FIG. 1 is the lateral offset of auger assembly 26 from hopper 30. That is, were the combine operator to try to unload primary hopper 24 into secondary hopper 30 while auger assembly 26 is in its reward projected storage position, grain would be dumped to the side of hopper 30. This problem cannot be corrected unless the combine is altered to relocate the position of auger assembly 26 either in a retrofit mode for an existing combine or in the manufacture of a new combine specially designed to unload its primary hopper into the secondary hopper of grain cart 12).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the combine with powered and steerable grain trailer of Dillon into Haack in order to provide the ability to carry additional grain without adding unreasonable stress on the harvester structure and provides the capability to retrofit the system to existing harvesters.
Citation of pertinent Prior Arts
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
i. Anagnostopoulos (US 11315258 B1) discloses in sensing or tracking relative position between objects or locations. A digital camera or imager captures one or more fiducials in its field of view. By calibration and processing, the imaged fiducials can be identified and distinguished from other objects and background in camera space, and position of imaged fiducials in camera space relative to a reference can be translated to position of the actual fiducials in physical space. In one example, the fiducials are IR LEDs., and
ii. Grieshop (US 10647240 B1) discloses in a grain cart includes a lower auger conveyor section and an upper auger conveyor section pivotally movable relative to the lower auger conveyor section between a first position and a second position. The lower auger conveyor section further includes an auger feed gate movable between a closed position and an open position. The grain cart further includes a movement actuator adapted to move the upper auger conveyor section between the first position and the second position. The grain also includes a control system including an auger feed gate position sensor operatively coupled to the movement actuator and functioning to control the movement actuator based on input from the auger feed gate position sensor to provide a lock out function preventing the movement actuator from moving the upper auger conveyor section towards the first position only when the auger feed gate is in the open position.
Response to Arguments
11. Applicant's arguments with respect to claims 1, 21-26, 28, 31, 34 and 36-39 have been considered but are moot in view of the new ground(s) of rejection that was necessitated by Applicant's amendment.
Conclusion
12. 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689
Prosecution Insights