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 .
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.
Claim Rejections - 35 USC § 102
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Desai et al. (US Patent Application Publication No. 2020/0319655).
In reference to claim 1, Desai discloses a method of filling a plurality of grain carts with a grain spout off of a harvester, the method comprising:
directing a first grain cart 72 to follow the harvester 10 at an offloading position with respect to the harvester 10 (Fig. 5);
directing a second grain cart 82 to follow the harvester 10 or the first grain cart 72 (Fig. 5), wherein directing the second grain cart 82 includes:
establishing a first waypoint 62 (par. 0022, a first position of the harvester 10; or par. 0028, a first position of first grain cart 72) by indexing (par. 0027, storage of position data on memory 56 constitutes “indexing” the position), using a position sensor 58, an actual position of the first grain cart 72 (par. 0028, first grain cart 72 comprises a controller 52 configured to determine the position of grain cart 72 with a radio transceiver position sensor; or, par. 0033, “grain cart 72 may use one or more proximity sensors to enable the loading grain cart 72 to match and maintain speed approximately equal to the speed of the combine 10”) or with a position sensor 24, an actual position of the harvester 10 (par. 0022, harvester 10 comprises a controller 18 configured to determine the position of harvester 10 with a radio transceiver position sensor);
establishing a second waypoint (par. 0028, a subsequent position of grain cart 72) by indexing (par. 0027, storage of position data on memory 56 constitutes “indexing” the position), using a position sensor 58, a second actual position of the first grain cart 72 (pars. 0028 and 0033, first grain cart 72 continually monitors its position while moving adjacent to harvester 10, each position constitutes a waypoint) or the position sensor 24, a second actual position of the harvester 10 (par. 0022, harvester continually monitors its position while moving, each position constitutes a waypoint);
autonomously moving the second grain cart 82 to the first waypoint (par. 0050, Fig. 6, second “grain cart 86 queued behind the loading grain cart 72”); and
autonomously moving the second grain cart 82 from the first waypoint to the second waypoint (par. 0050, second grain cart 82 remaining “queued” behind first grain cart 72 involves following any and all subsequent waypoints until first grain cart 72 departs after filling).
In reference to claim 2, Desai discloses that the position sensor 58 is associated with the first grain cart 72 (par. 0028),
and the first grain cart 72 establishes the first waypoint and the second waypoint (pars. 0028 and 0033, second grain cart 82 follows first grain cart 72).
In reference to claim 3, Desai discloses that the position sensor 24 is associated with the harvester 10, and
the harvester 10 establishes the first waypoint and the second waypoint (par. 0033, second grain cart 82 follows harvester 10 through waypoints).
In reference to claim 4, Desai discloses that the position sensor 24 or 58 includes one or more of a global position sensor or a real-time kinematic sensor (pars. 0022 or 0028).
In reference to claim 5, Desai discloses that the first waypoint or the second waypoint includes incorporating a cart offset into the first waypoint or the second waypoint (Fig. 6, cart 72 is offset to the side of harvester 10).
In reference to claim 6, Desai discloses that the cart offset changes a position of the first waypoint or the second waypoint to enable the offloading position with respect to the harvester 10 (Fig. 6).
In reference to claim 7, Desai discloses establishing a first speed associated with the first waypoint; and autonomously moving the second grain cart 82 to the second waypoint includes the second grain cart 82 travelling at the first speed (par. 0046, “route 84 and/or speed to travel may be determined based at least in part on the current location of the unloaded grain cart 82, the current location of the combine 10, the harvesting map, the speed of the combine 10”).
In reference to claim 8, Desai discloses a control system for an agricultural operation, the control system comprising:
a position sensor 58 associated with at least one grain cart 82 (par. 0028);
one or more processors 51, the processors 51 including a grain cart queueing module configured to direct the at least one grain cart 82 to follow a harvester 10 or a preceding grain cart 72, the one or more processors 51 configured to:
generate one or more waypoints based on an actual position of the harvester 10 or the preceding grain cart 72 (par. 0050, Fig. 5 route 84 is composed of several waypoints), wherein generating the one or more waypoints includes indexing the actual position of the harvester 10 or the preceding grain cart 72 (par. 0028, actual position data is generated with position sensor 58, par. 0027, storage of position data on memory 56 constitutes “indexing” the position);
autonomously direct the at least one grain cart 82 along the one or more waypoints based on the actual position of the harvester 10 or the preceding grain cart 72 (Fig. 5); and
move the at least one grain cart 82 along the one or more waypoints according to the autonomous direction (Fig. 5).
In reference to claim 9, Desai discloses an autonomous direction module configured to issue a cascaded cluster of autonomous directions to the one or more grain carts and the harvester, the cascaded cluster of autonomous directions including:
stopping flow of material from the grain spout 16 of the harvester 10 with a first grain cart 72 at an offloading position (par. 0042, “combine 10 may cease unloading”);
instructing a second grain cart 82 to approach the offloading position (par. 0045); and
starting flow of material from grain spout 16 with the second grain cart 82 in the offloading position (par. 0045).
In reference to claim 10, Desai discloses that the cascaded cluster of autonomous directions includes guiding the first grain cart 72 to depart from the offloading position (Fig. 5, par. 0042).
In reference to claim 11, Desai discloses a position sensor 24 associated with a harvester 10, and the harvester establishes the one or more waypoints (Fig. 5).
In reference to claim 12, Desai discloses that the position sensor 24 includes one or more of a global position sensor or a real-time kinematic sensor (par. 0022).
In reference to claim 13, Desai discloses that the one or more waypoints includes a first waypoint (Fig. 5, the position of harvester 10) and a second waypoint (Fig. 5, any subsequent position of harvester 10);
the one or more processors are configured to establish a first speed associated with the first waypoint (par. 0024, “speed sensor may enable the controller 18 to determine a speed of the combine 10”);
the one or more processors are configured to autonomously move the second grain cart 82 from the first waypoint to the second waypoint at the first speed (par. 0046).
Allowable Subject Matter
Claims 14-22 are allowed.
Response to Arguments
Applicant's arguments filed 6/30/2026 have been fully considered but they are not persuasive.
Applicant argues that the rejection to claims 1 and 8 should be withdrawn as Desai fails to disclose establishing waypoints from actual positions of the first grain cart or harvester for the purpose of guiding a second grain cart along those waypoints. More specifically, Applicant argues that Desai discloses determining expected or predicted future locations (pars. 0046, 0047, 0051) and that these do not constitute actual locations.
The examiner finds this argument unpersuasive as Desai, while disclosing expected or future locations as described by Applicant, also does disclose measuring the actual positions and establishing those positions as waypoints. Par. 0050 clearly discloses that the grain cart 86 is queued behind the loading grain cart 72 while loading grain cart 72 is moving. Any movement during this period would constitute autonomously moving from a first waypoint to a second waypoint, and these waypoints are established based on the actual positions measured by position sensors 24 or 58.
Applicant also argues that Desai discloses that Desai fails to disclose indexing positions as a trail for following a first grain cart or harvester and does not direct a second grain cart to move to a specific prior position of a preceding grain cart or harvester. Applicant also discloses that this is a positional relationship, not movement through indexed position waypoints.
The examiner finds this unpersuasive as par. 0050 clearly discloses the second grain cart 86 is queued behind the first grain cart 72. Any movement during this configuration would result in the second grain cart 86 moving through positions previously occupied by the first grain cart 72. Further, the examiner does not dispute that this entails a positional relationship between the carts. The positional relationship allows the second grain cart 86 to follow through each waypoint established by the preceding grain cart 72.
The rejection has been amended to reflect the new limitations.
Applicant’s arguments in reference to claim 14 are persuasive and that rejection has been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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 BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571)272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRAD HARCOURT/Primary Examiner, Art Unit 3674
7/14/26
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