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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
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.
Claims 1 – 4, 7 – 13, 15 – 17, and 19 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hafvenstein et al. (10,798,863) in view of Sirault et al. (11,420,491). In regard to claims 1, 12, and 19, Hafvenstein discloses an agricultural application machine comprising a chassis (Fig. 1, item 10), at least one telescoping axle coupled to the chassis (Fig. 2, item 28), a plurality of wheels coupled to the telescoping axle and operably supporting the chassis (Fig. 1, items LR and RR).
Hafvenstein does not disclose the use of a crop sensor. In regard to claims 1, 12, and 19, Sirault discloses an agricultural machine comprising at least one sensor coupled to a chassis, the at least one sensor configured to measure sensor data indicative of a distance between at least one row of crops and at least one wheel of a plurality of wheels (Fig. 2, item 47 & column 4, lines 39 – 42), and a central controller (Fig. 14, item 74) configured to provide instructions to a hydraulic manifold to adjust a distance of the at least one wheel from a centerline of the chassis based on the distance between the at least one row and the at least one wheel (column 5, lines 35 – 62).
In regard to claims 2, 13, and 20, Sirault discloses wherein the central controller is configured to provide instructions to the hydraulic manifold to adjust a track width of the agricultural machine responsive to determining the distance between the at least one row and the at least one wheel (column 4, lines 31 – 36).
In regard to claim 3, Sirault discloses wherein the at least one sensor comprises a camera (column 4, line 39 – 42).
In regard to claims 4 and 17, Sirault discloses another sensor attached to the chassis proximate another wheel and configured to determine a distance between the another wheel and at least another row (column 10, line 55 to column 11, line 5).
In regard to claims 7 and 15, Sirault discloses wherein the at least one sensor is configured to determine the distance between the at least one wheel and each of a first row and a second row between which the at least one wheel is located (column 4, lines 31 – 36 and column 5, lines 35 – 62).
In regard to claims 8 and 16, Sirault discloses wherein the central controller is configured to provide instructions to the hydraulic manifold to adjust the distance of the at least one wheel from the centerline of the chassis to center the at least one wheel between the first row and the second row (column 4, lines 31 – 36 and column 5, lines 35 – 62).
In regard to claim 9, Sirault discloses wherein the central controller is configured to provide instructions to the hydraulic manifold to adjust a distance between the at least one row and each of a front wheel and a rear wheel based on the distance between the at least one row and the at least one wheel (column 4, lines 31 – 36 and column 5, lines 35 – 62).
In regard to claim 10, Sirault discloses wherein the central controller is configured to independently adjust the distance between the at least one row and the each of the front wheel and the rear wheel (column 4, lines 31 – 36 and column 5, lines 35 – 62).
In regard to claim 11, Sirault discloses wherein the at least one sensor is substantially laterally aligned with the at least one wheel (column 7, line 56 to column 8, line 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the crop sensor or Sirault, to the agricultural application machine of Hafvenstein, in order to minimize possible damage to crops or plants by automatically reacting to sensed locational data.
Allowable Subject Matter
Claims 5 – 6, 14, and 18 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Hafvenstein et al. (10,798,863) in view of Sirault et al. (11,420,491) discloses an agricultural application machine similar to the instant invention; however Hafvenstein in view of Sirault, either alone or in combination, neither discloses nor suggests an agricultural application machine comprising (in regard to claim 5) wherein the central controller is configured to provide instructions to the hydraulic manifold to adjust a distance of the another wheel and the centerline of the chassis based on the distance between the at least another row and the another wheel, (in regard to claim 14) wherein adjusting a distance between the at least one wheel and a centerline of the chassis comprises adjusting a first distance between a first wheel and the centerline of the chassis and adjusting a second distance between a second wheel and the centerline of the chassis by a different amount than the first distance, and (in regard to claim 18) wherein adjusting a distance between the at least one wheel and a centerline of the chassis to adjust a distance between the at least one wheel and the at least one row of crops comprises adjusting the distance between wheels on only one lateral side of the agricultural application machine without adjusting a distance between wheels on another lateral side of the agricultural machine and the at least one row of crops. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Balmer (5,039,129) discloses a vehicle for agricultural use;
Slawson (9,079,470) discloses a vehicle with chassis height adjustment;
Gall et al. (10,568,316) disclose an apparatus for in-field data collection;
Crowley et al. (2020/0130741) disclose a mounting assembly for a steerable wheel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613
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