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 .
Status of the Claims
This action is in response to the Applicant’s filing on March 30, 2026. Claims 2 and 12 have been cancelled. Claims 21 and 22 have been added. Claims 1, 3-4, 6-11, 13-14 and 16-22 are pending and examined below.
Response to Arguments
The previous rejections of claims 1 and 11 under 35 U.S.C. 112(b) are withdrawn in consideration of Applicant’s amended claims.
The previous rejections of claims 2 and 12 under 35 U.S.C. 112(d) are withdrawn as claims 2 and 12 have been cancelled.
The previous rejections of claims 1-4, 6-14 and 16-20 under 35 U.S.C. 103 are withdrawn in consideration of amended independent claims 1 and 11. However, new rejections of claims 1, 3-4, 6-11, 13-14 and 16-20 under 35 U.S.C. 103 are set forth below.
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 1, 3-4, 6-8, 11, 13-14, 16-18, and 21-22 are rejected under 35 103 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2015/0047918 by Buerkle et al. (herein after "Buerkle"), in view of U.S. Patent No. 5,290,201 by Tesker (herein after “Tesker”) and S-Series Combine Service by Western Tractor (herein after “Western Tractor”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 1, Buerkle discloses a vehicle comprising: a frame (Buerkle: tractor 13 in Fig. 1);
a ground engaging component coupled to the frame, the ground engaging component configured to move the agricultural harvester over a surface (Buerkle: wheels 56L and 56R in Fig. 1);
a propulsion system configured to drive the ground engaging component (Buerkle ¶ [0012]: a tractor having a propulsion system which includes an engine 51 which rotationally drives hydrostatic transmission 52; Fig. 3);
a propulsion input device (Buerkle: positioning controls 11 in Figs. 1-3) in communication with the propulsion system and configured to receive input to control operation of the propulsion system (Buerkle ¶ [0023]: if the forward or reverse switch is actuated, the controller 20 commands the propulsion system to move the tractor 13 in forward or reverse), the propulsion input device accessible from an exterior of the body (Buerkle ¶ [0010]: a tractor positioning system 10 may include positioning controls 11 located on the outer surface of the tractor 13 outside the operator station. For example, the positioning controls 11 may be located at the rear of the tractor 13);
an electronic controller including: one or more processors (Buerkle ¶ [0014]: An electronic controller 20, such as a microprocessor-based microcontroller, may be signal-connected, through signal conditioning or amplifying circuitry, to solenoid 31 of forward drive proportional pressure control valve 32 and to solenoid 34 of reverse drive proportional pressure control valve 36); and
a non-transitory computer-readable storage medium coupled to the one or more processors and storing programming instructions for execution by the one or more processors (Buerkle ¶ [0018]: The controller 20 executes an algorithm 100 represented by FIG. 4. The conversion of this flow chart into a standard language for implementing the algorithm described by the flow chart in a digital computer or microprocessor, will be evident to one with ordinary skill in the art), the programming instructions instruct the one or more processors to:
operate the propulsion system in one of a first configuration to drive the ground engaging component in a first direction or a second configuration to drive the ground engaging component in a second direction, opposite the first direction, in response to a first input received by the propulsion input device, the propulsion system being operated for a duration of time that the propulsion input device receives the first input (Buerkle ¶ [0023]: if the forward or reverse switch is actuated, the controller 20 commands the propulsion system to move the tractor 13 in forward or reverse); and
cease operation of the propulsion system in response to cessation of the first input being applied to the propulsion input device (Buerkle ¶ [0030]: To move the tractor 13 using the positioning system, the operator must continuously actuate the positioning controls 11 which require the operator to remain in direct contact with the controls 11 on the tractor 13. The operator may actuate these controls 11 while standing near the rear of the tractor 13, after exiting the operator station. If the operator discontinues contact with the controls 11 on the tractor 13, the positioning system will cause the tractor 13 to stop moving),
and
further including programming instructions to instruct the one or more processors to enable operation of the propulsion input device in response to receipt of a second input, wherein the programming instructions that instruct the one or more processor to enable operation of the propulsion input device in response to receipt of the second input (Buerkle ¶ [0019]: the controller 20 may determine if the positioning enable switch 17 in the operator station of the tractor 13 is actuated; Buerkle ¶ [0018]: The controller 20 executes an algorithm 100 represented by FIG. 4. The conversion of this flow chart into a standard language for implementing the algorithm described by the flow chart in a digital computer or microprocessor, will be evident to one with ordinary skill in the art)
.
It is noted Buerkle fails to particularly disclose an agricultural harvester comprising: a body coupled to the frame; a processing component configured to process crop harvested from a field; wherein the body includes a residue system, and wherein the programming instructions that instruct the one or more processor to enable operation of the propulsion input device in response to receipt of the second input include programming instructions that instruct the one or more processor to configure the residue system into a first configuration, and wherein the residue system is configured to expel residue of the crop harvested from the field.
However, Tesker, in the same field of endeavor, teaches an agricultural harvester (Tesker: combine 10 in Fig. 1a) comprising:
a frame (Tesker col. 4 lines 4-12: Undercarriage 14 is comprised of a high strength tubular steel which is generally rectangular in cross section, having one or more fixed cross members 14a for increased strength. Attached to undercarriage 14 are forward and aft moveable cross frames 38 and 30. The forward and aft moveable cross frames 38, 30 are generally of the same construction and configuration and are comprised of a generally rectangular frame such as shown for the forward moveable cross frame in FIG. 3);
a body coupled to the frame (Tesker col. 5 lines 10-12: With the forward moveable cross frame 38 and the aft moveable cross frame 30 coupled to a lower portion of the combine body 12);
a processing component configured to process crop harvested from a field (Tesker col. 3 lines 24-39: Attached to a forward portion of the body 10 is a header assembly 16 which typically is substantially wider than the combine body and includes a plurality of spaced corn or row crop heads which are adapted for engaging the crops and removing the grain therefrom. The thus removed grain, in combination with crop residue such as husks in the case of corn harvesting, is then automatically delivered to an aft drive and processing section within the combine body 10, which is not shown in the figure for simplicity. The drive section typically includes a diesel engine for propelling the combine 10 and for powering a threshing system which separates the grain from the crop residue. The processing section is typically comprised of the combination of a concave and rotating cylinder, various moving sieves, and a residue discharge section in the aft of the body 10).
Further, Western Tractor, in the same field of endeavor, teaches wherein the body includes a residue system, and
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(Western Tractor (26:30): shows a residue system, including a chopper and spreader for expelling residue, in a lowered position)
wherein the programming instructions that instruct the one or more processor to enable operation of the propulsion input device in response to receipt of the second input include programming instructions that instruct the one or more processor to configure the residue system into a first configuration.
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(Western Tractor (27:10): shows a residue system including a chopper and spreader being lifted using an operator input)
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(Western Tractor (30:18): shows a residue system, including a chopper and spreader for expelling residue, in a raised position)
wherein the residue system is configured to expel residue of the crop harvested from the field.
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(Western Tractor (26:30): shows a residue system, including a chopper and spreader for expelling residue, in a lowered position)
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle positioning system of Buerkle to include the agricultural vehicle including a body coupled to a frame and crop processing components of Tesker and the combine residue system including an operator input with instructions lifts the residue system into a raised position of Western Tractor with a reasonable expectation of success. A person of ordinary skill in the art would be motivated to make this modification in order to allow for shifting in the weight distribution of a combine for improved traction (Tesker col. 1 lines 55-58) and to address issues of getting a clean crop sample by accessing and adjusting a chaffer (Western Tractor (26:30-27:59)).
Regarding claim 3, Buerkle discloses wherein the body includes an operator station (Buerkle ¶ [0004]: a vehicle, such as an agricultural tractor, includes an operator station), and
wherein the second input is received from the operator station (Buerkle ¶ [0019]: the controller 20 may determine if the positioning enable switch 17 in the operator station of the tractor 13 is actuated).
Regarding claim 4, Buerkle fails to particularly disclose wherein the operator station is a cab of the body.
However, Tesker, in the same field of endeavor, teaches wherein the operator station is a cab of the body (Tesker col. 3 lines 42-44: A cab 18 is typically disposed on a forward portion of the combine body 12 for accommodating the combine operator; cab 18 in Fig. 1a).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle positioning system of Buerkle modified by the agricultural vehicle including a body coupled to a frame and crop processing components of Tesker and the combine residue system including an operator input with instructions lifts the residue system into a raised position of Western Tractor to further include the operator cab of Tesker with a reasonable expectation of success. A person of ordinary skill in the art would be motivated to make this modification in order to allow for shifting in the weight distribution of a combine for improved traction (Tesker col. 1 lines 55-58) and to accommodate a combine operator (Tesker col. 3 lines 42-44).
Regarding claim 6, Buerkle fails to particularly disclose wherein the programming instructions that instruct the one or more processor to configure the residue system into a first configuration include programming instructions that instruct the one or more processor to cause the residue system to be moved into a raised position.
However, Western Tractor, in the same field of endeavor, teaches wherein the programming instructions that instruct the one or more processor to configure the residue system into a first configuration include programming instructions that instruct the one or more processor to cause the residue system to be moved into a raised position.
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(Western Tractor (30:18): shows a residue system, including a chopper and spreader for expelling residue, in a raised position)
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle positioning system of Buerkle modified by the agricultural vehicle including a body coupled to a frame and crop processing components of Tesker and the combine residue system including an operator input with instructions lifts the residue system into a raised position of Western Tractor to explicitly include the configuration that lifts the residue system into a raised position of Western Tractor with a reasonable expectation of success. A person of ordinary skill in the art would be motivated to make this modification in order to address issues of getting a clean crop sample by accessing and adjusting a chaffer (Western Tractor (26:30-27:59)).
Regarding claim 7, Buerkle discloses wherein the propulsion input device is located on an aft portion of the body of the agricultural harvester (Buerkle ¶ [0010]: a tractor positioning system 10 may include positioning controls 11 located on the outer surface of the tractor 13 outside the operator station. For example, the positioning controls 11 may be located at the rear of the tractor 13).
Regarding claim 8, Buerkle discloses wherein the first direction is a forward direction, and wherein the second direction is a rearward direction (Buerkle ¶ [0023]: if the forward or reverse switch is actuated, the controller 20 commands the propulsion system to move the tractor 13 in forward or reverse).
Claim 11 recites analogous limitations to claim 1, above, and is therefore rejected on the same premise.
Claim 13 recites analogous limitations to claim 3, above, and is therefore rejected on the same premise.
Claim 14 recites analogous limitations to claim 4, above, and is therefore rejected on the same premise.
Claim 16 recites analogous limitations to claim 6, above, and is therefore rejected on the same premise.
Claim 17 recites analogous limitations to claim 7, above, and is therefore rejected on the same premise.
Claim 18 recites analogous limitations to claim 8, above, and is therefore rejected on the same premise.
Regarding claim 21, Buerkle fails to particularly disclose wherein the residue system includes a chopper configured to chop the residue of crop harvested from the field.
However, Western Tractor, in the same field of endeavor, teaches wherein the residue system includes a chopper configured to chop the residue of crop harvested from the field.
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(Western Tractor (26:30): shows a residue system including a chopper and spreader; See also (27:08-27:15) regarding lifting the chopper)
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle positioning system of Buerkle modified by the agricultural vehicle including a body coupled to a frame and crop processing components of Tesker and the combine residue system including an operator input with instructions lifts the residue system into a raised position of Western Tractor to explicitly include the residue system including a chopper of Western Tractor with a reasonable expectation of success. A person of ordinary skill in the art would be motivated to make this modification in order to address issues of getting a clean crop sample by accessing and adjusting a chaffer (Western Tractor (26:30-27:59)).
Claim 22 recites analogous limitations to claim 21, above, and is therefore rejected on the same premise.
Claims 9-10 and 19-20 are rejected under 35 103 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2015/0047918 by Buerkle et al. (herein after "Buerkle"), in view of U.S. Patent No. 5,290,201 by Tesker (herein after “Tesker”) and S-Series Combine Service by Western Tractor (herein after “Western Tractor”), further in view of U.S. Patent Application Publication No. US 2013/0338894 by Olofsson (herein after “Olofsson”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 9, Buerkle discloses further comprising a brake system (Buerkle ¶ [0017]: The system 10 also may include a conventional electro-hydraulic brake control valve 80 which is controlled by the controller 20),
wherein the propulsion system includes a transmission (Buerkle ¶ [0012]: a tractor having a propulsion system which includes an engine 51 which rotationally drives hydrostatic transmission 52; Fig. 3), and
wherein the programming instructions that instruct the one or more processors to operate the propulsion system in one of a first configuration to drive the ground engaging component in a first direction or a second configuration to drive the ground engaging component in a second direction, opposite the first direction, in response to the first input received from the input device, the propulsion system being operated for a duration of time that the propulsion input device receives the first input, include programming instructions that instruct the one or more processors to:
operate the transmission to cause the propulsion system to operate in the one of the first configuration and the second configuration for as long as the first input is received from the propulsion system input (Buerkle ¶ [0023]: if the forward or reverse switch is actuated, the controller 20 commands the propulsion system to move the tractor 13 in forward or reverse).
It is noted Buerkle fails to particularly disclose place the brake system in a release condition in which a brake force is not applied.
However, Olofsson, in the same field of endeavor, teaches further comprising a brake system (Olofsson ¶ [0013]: accelerator pedal operated braking system),
wherein the propulsion system includes a transmission (Olofsson ¶ [0013]: automatic transmission vehicle), and
wherein the programming instructions that instruct the one or more processors to operate the propulsion system in one of a first configuration to drive the ground engaging component in a first direction in response to the first input received from the input device, the propulsion system being operated for a duration of time that the propulsion input device receives the first input (Olofsson ¶ [0085]: a typical floor mounted accelerator pedal, the arc of movement of the pedal as relayed by the engine management system to the control module via cable 122 is divided into first, second and third zones as programmed in the control module 114), include programming instructions that instruct the one or more processors to:
place the brake system in a release condition in which a brake force is not applied (Olofsson ¶ [0087]: The second zone from "B" to "C" represents an arc of movement through a neutral zone in which the brakes are fully released but still within an increase of the engine RPM insufficient to urge the vehicle into motion); and
(Olofsson ¶ [0087]: The final arc of movement from "C" to "D" represents the angle of movement of the accelerator pedal during which engine RPM can increase to full power). Examiner interprets the floor mounted accelerator pedal of Olofsson to be analogous to each of the positioning controls of Buerkle. Position “C” and position “A” being analogous to receiving a first input and cessation of the first input, respectively. It would have been obvious to one of ordinary skill in the art to provide the brake disengaging functionality of Olofsson to each of the positioning controls of Buerkle.
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle positioning system of Buerkle modified by the agricultural vehicle including a body coupled to a frame and crop processing components of Tesker and the combine residue system including an operator input with instructions lifts the residue system into a raised position of Western Tractor to further include the disengaging of a brake system of Olofsson with a reasonable expectation of success. A person of ordinary skill in the art would be motivated to make this modification in order to allow a vehicle to come to stop quickly by reducing braking distance in emergency situations (Olofsson ¶ [0006]).
Regarding claim 10, Buerkle fails to particularly disclose wherein the programming instructions that instruct the one or more processors to cease operation of the propulsion system in response to cessation of the first input being applied to the input device include programming instructions that instruct the one or more processors to place the brake system in an engaged condition in which the brake force is applied.
However, Olofsson, in the same field of endeavor, teaches wherein the programming instructions that instruct the one or more processors to cease operation of the propulsion system in response to cessation of the first input being applied to the input device include programming instructions that instruct the one or more processors to place the brake system in an engaged condition in which the brake force is applied (Olofsson ¶ [0085]: While the pedal remains at its default zero depressed angle at "A", but with the engine 100 started and the system switched to ON, the braking system of the invention applies maximum braking force to hold the vehicle stationary). Examiner interprets the floor mounted accelerator pedal of Olofsson to be analogous to each of the positioning controls of Buerkle. Position “C” and position “A” being analogous to receiving a first input and cessation of the first input, respectively. It would have been obvious to one of ordinary skill in the art to provide the brake engaging functionality of Olofsson to each of the positioning controls of Buerkle.
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle positioning system of Buerkle modified by the agricultural vehicle including a body coupled to a frame and crop processing components of Tesker, the combine residue system including an operator input with instructions lifts the residue system into a raised position of Western Tractor and the disengaging of a brake system of Olofsson to further include the engagement of a brake system of Olofsson with a reasonable expectation of success. A person of ordinary skill in the art would be motivated to make this modification in order to allow a vehicle to come to stop quickly by reducing braking distance in emergency situations (Olofsson ¶ [0006]).
Claim 19 recites analogous limitations to claim 9, above, and is therefore rejected on the same premise.
Claim 20 recites analogous limitations to claim 10, above, and is therefore rejected on the same premise.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
WO 2024040314 discloses a system for moving and stopping an agricultural harvester using a remote control while attaching components.
US 20180177126 discloses a residue system that can be moved to a raised position using motors and may include a chopper.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS P LANGHORNE whose telephone number is (571)272-5670. The examiner can normally be reached M-F 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne Antonucci can be reached at (313) 446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.P.L./Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666
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