Prosecution Insights
Last updated: July 17, 2026
Application No. 18/618,704

SYSTEM AND METHOD FOR AN AGRICULTURAL HARVESTER

Non-Final OA §102§103
Filed
Mar 27, 2024
Priority
Mar 27, 2023 — provisional 63/454,815
Examiner
FITZPATRICK, JULIA GRACE
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Cnh Industrial Brasil Ltda
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
44 granted / 54 resolved
+13.5% vs TC avg
Minimal +4% lift
Without
With
+4.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
19 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
90.8%
+50.8% vs TC avg
§102
5.8%
-34.2% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 54 resolved cases

Office Action

§102 §103
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 . Response to Arguments Applicant traverses the restriction requirement because Groups 1 and 2 are sufficiently similar such that all of the relevant claims may be examined with limited searching. However, the Examiner maintains the restriction between Groups 1 and 2 because Group 2 requires first and second paddles operably coupled with the elevator, therefore including additional structure not required by Group 1. 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. Claim(s) 1, 2, 4, and 6-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3316208 A1 (Primary). Regarding claim 1: Primary teaches a system for an agricultural harvester, the system comprising: an elevator configured to receive a flow of a harvested material (clean grain elevator 430); a chain having a first portion positioned above the elevator and a second portion positioned below the elevator (Fig.4: unlabeled, but elevator 430 has a wheel at the bottom to rotate it. Applicant has referred to the elevator as an elevator assembly with a chain separate. In Primary, they are one and the same.); a sensor assembly positioned between the elevator and the second portion (sensors 122, clean grain camera 450), the sensor assembly having a field of view that is directed towards a top portion of the elevator and configured to generate a first set of data (Fig. 4); and a computing system communicatively coupled to the sensor assembly (calibration system 132, and additionally processors 102 and 17, processing unit 820, control system 110, and sensor interface 136), the computing system configured to: receive the first set of data (); and generate an estimated weight of the harvested material based at least partially on the first set of data associated with the harvested material transferred along the elevator during a defined interval (“operator 166 may initiate a manual calibration sequence with manual calibration component 134 to compare an estimated crop yield to an actual crop yield, which may be obtained by weighing the sample with an accurate scale.”). Regarding claim 2: Primary teaches the system of claim 1 (see above), wherein the sensor assembly includes a vision-based sensor (clean grain camera 450). Regarding claim 4: Primary teaches the system of claim 1 (see above), wherein the sensor assembly includes a wave-based sensor (“Sensors 122 can include sensors that are configured to determine operational parameters such as grain mass flow, soil moisture, planting depth, tillage depth, among a variety of others. Sensors 122 may also include a variety of other sensors such as a machine state sensor. It is illustratively shown that operational parameter monitoring system 118 also includes geospatial system 120. Geospatial system 120 includes at least one of a global positioning system (GPS) receiver, a LORAN system, a dead reckoning system, a cellular triangulation system, or other positioning system.”). Regarding claim 6: Primary teaches the system of claim 1 (see above), wherein the sensor assembly includes a vision-based sensor and a wave-based sensor (clean grain camera 450, “Sensors 122 can include sensors that are configured to determine operational parameters such as grain mass flow, soil moisture, planting depth, tillage depth, among a variety of others. Sensors 122 may also include a variety of other sensors such as a machine state sensor. It is illustratively shown that operational parameter monitoring system 118 also includes geospatial system 120. Geospatial system 120 includes at least one of a global positioning system (GPS) receiver, a LORAN system, a dead reckoning system, a cellular triangulation system, or other positioning system.”). Regarding claim 7: Primary teaches the system of claim 1 (see above), further comprising: a load sensor assembly operably coupled with the elevator and configured to generate a second set of data (“operator 166 may initiate a manual calibration sequence with manual calibration component 134 to compare an estimated crop yield to an actual crop yield, which may be obtained by weighing the sample with an accurate scale.”, “when harvesting a crop, the combine may place the harvested grain into a cart with one or more measurement scales”). Regarding claim 8: Primary teaches the system of claim 7 (see above), wherein the computing system is configured to determine a mass of the harvested material based on the second set of data (“An example of ground truth for yield parameter data includes an actual measured weight of a sample of a harvested load. For instance, when harvesting a crop, the combine may place the harvested grain into a cart with one or more measurement scales”[mass determined] , “The scales may obtain an indication of measured weight and verification logic 184 will use the indication in determining a calibration adjustment with logic 178.” [mass determined by these logics], “bias correction logic 144 includes smoothing logic 178, a multi-machine factor logic 180, artifact removal logic 182, and data verification logic 184.” [logics 184 and 178 are part of logic 144], “bias correction logic 144 may provide determined bias reduction information to calibration system 132” [logic 144 is part of the computing system]). Regarding claim 9: Primary teaches the system of claim 7 (see above), further comprising: a cleaning system configured to remove debris from a component of at least one of the sensor assembly (cleaning subsystem 418, cleaning fan 420), wherein the computing system is configured to initiate a cleaning routine with the cleaning system when a detected amount of debris is greater than or equal to a threshold amount based at least partially on the first set of data (“Combine 400 may also include a machine state sensor 462 that is configured to sense whether combine 400 is configured to drop the residue, drop a windrow, or perform another machine operation. They can also include cleaning shoe fan speed sensors”). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 3, 5, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3316208 A1 (Primary). Regarding claim 3: Primary teaches the system of claim 2 (see above), wherein the vision-based sensor is a stereographic camera having two or more lenses with a separate image sensor for each lens. Primary does teach the use of a camera as a vision-based sensor and teaches having multiple sensors. Applicant has not disclosed that a stereographic camera provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of visualization. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the camera of Primary with a stereographic camera. This is because one of ordinary skill in the art would have expected a stereographic camera to be one of several straightforward ways of visualizing the elevator because it would visualize the elevator in a way comparable to human sight. Regarding claim 5: Primary teaches the system of claim 4 (see above), but does not directly teach that the wave-based sensor is a LIDAR device. Primary does teach the use of a geospatial system. Applicant has not disclosed that the use of a LIDAR provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of sensing the surrounding geography. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the geospatial system of Primary with a LIDAR device. This is because one of ordinary skill in the art would have expected a LIDAR device to be one of several straightforward ways of sensing the surrounding geography because it maps the surrounding geography. Regarding claims 10 and 11: Primary teaches the system of claim 9 (see above), wherein the cleaning routine is configured to remove at least a portion of the detected amount of debris from a sensor of the sensor assembly and wherein the cleaning routine is configured to remove at least a portion of the detected amount of debris from a load sensor of the load sensor assembly. Primary does teach that “Residue can be moved from the cleaning shoe 418 by airflow generated by cleaning fan 420”. Applicant has not disclosed that a cleaning routine for the sensor assembly specifically or the load sensor assembly provides an advantage, is used for a particular purpose, or solves a stated problem other than the well-known and unsurprising function of cleaning those assemblies. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the cleaning routine of Primary with direct cleaning of the sensor and load sensor assemblies. This is because one of ordinary skill in the art would have expected cleaning specific parts of the machine to be one of several straightforward ways of cleaning the machine because a fan is capable of removing debris. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 3316208 A1 (Primary) as applied to claims 1, 2, 4, and 6-9 above, and further in view of WO 2019173253 A1 (Secondary). Regarding claim 12: Primary teaches the system of claim 7 (see above), but does not directly teach further comprising: a pressure sensor assembly including a first pressure sensor on a first side of the load sensor assembly and a second pressure sensor spaced from a first pressure sensor, the first pressure sensor and the second pressure sensor each configured to measure a fluid pressure within the elevator, and wherein the computing system is further configured to: determine a pressure relationship between the respective air pressures as detected by the first pressure sensor and the second pressure sensor; and determine an initial mass value of the load sensor assembly based at least partial on the pressure relationship. However, Secondary teaches crop flow sensor(s) 304 that may correspond to one or more pressure sensors for monitoring a fluid pressure of the hydraulic fluid. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor assembly of Primary with the pressure sensors of Secondary. This is because they are both systems for determining the amount of crop in an agricultural harvester. This is important in order to determine an initial mass value of the load sensor. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 10973171 B2 teaches a system for monitoring field profiles may include a vision-based sensor configured to capture vision data indicative of a profile of a field, with the profile being at least of a crop canopy profile of the field or a soil surface profile of the field. US 10827681 B2 teaches a combine harvester with an infeed arrangement for receiving the harvested material, with a threshing device for degraining the harvested material, and with a cleaning device that is downstream from the threshing device for segregating the harvested material, and thereby separating the grain from the non-grain components. BR 102013021906 A2 teaches a two-stage harvester system including a first-stage harvester and a second-stage harvester. The apparatus of a first stage harvester takes a first crop portion from an agricultural crop, leaving a second crop portion in a field. the second stage harvesting apparatus takes the second harvesting portion. the first stage harvesting apparatus and said second stage harvesting apparatus are connected together. DE 10237223 A1 teaches a harvesting unit for a maize harvester with two guide plates with parallel cooperating rollers mounted beneath them. The harvested material is passed by contra-rotating disks, on which eccentrically-mounted fingers are fitted, through the gap between the plates and rollers to a transverse conveyor. DE 19744481 A1 teaches a flat sensor to measure the moisture of the harvested material in a harvester. The flat sensor is fitted to the wall of the harvester. Flexible wipers are fitted at the conveyor organs or the conveying element, to clean the moisture sensor. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA FITZPATRICK whose telephone number is (703)756-5783. The examiner can normally be reached Mon-Fri 8am-4pm. 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, Laura Martin can be reached at (571)272-2160. 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. /JULIA FITZPATRICK/ Examiner, Art Unit 2855 /LAURA MARTIN SWEENEY/ Supervisory Patent Examiner, Art Unit 2855
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Prosecution Timeline

Mar 27, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
86%
With Interview (+4.1%)
2y 11m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 54 resolved cases by this examiner. Grant probability derived from career allowance rate.

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