DETAILED ACTION
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 CLAIMS
This Final action is in reply to the application 18/620,088 amendment filed on 07/14/2026.
Claim 18 is amended
Claims 1-7,9-16 and 18 and 19 are rejected
Claims 8 and 17 are objected
Claims 1 – 19 are currently pending and have been examined.
Response to argument
Regarding Claim 18 , The applicant is arguing that Sporrer does not disclose “ a triggering condition of detection of the presence of a linkage assembly when the linkage assembly moves into a detection range of a proximity sensor during adjustment to the penetration depth of an implement ground engaging tool to activate a blocking valve” The examiner states that this amended claim limitation is now taught by BUCHL and GLENNON similarly to independent claims 1 and 11 and the arguments are now therefore moot.
Regarding claim 1 and 11, The applicant is arguing that the combination of prior art Buchl and Glennon fail to teach “ a relay configured to activate a blocking valve when the proximity sensor detects the presence of the linkage assembly.”The examiner states that based upon broadest reasonable interpretation, a controller is broadly interpreted to a be a relay in order to configure to activate a blocking valve. Please see fig. 6 col 5 line 51 - 54 - PLC is a more complex version of a relay such that the activation of the blocking valve when the sensor is detected based on the linkage assembly. fig. 4 discloses of the position sensor 102BUCHL discloses of a position sensor to sense the linkage assembly instead of a proximity sensor as required by the claim, GLENNON discloses of a proximity sensor configured to detect a presence of the linkage assembly when the linkage assembly moves into a detection range of the proximity sensor (para. 0034 – wherein associated linkage and sensors with proximity sensors cand determine dept of discs direct / indirect)
Examiner notes that such an interpretation is different from what is presented in the instant specification as it pertains to a sensor for detecting the presence of a linkage, however the claim does not require the same level of specificity as the sensor arrangement. To interpret the claims as requiring such details would be improperly impart limitations from the specification into the claims, however a positive recitation regarding the structure and/or operation of the sensor may be sufficient to overcome the provided interpretation.
The combination between BUCHL and GLENNON is proper as it would allow the substitution of one known sensor mechanism for another to produce the predictable result of detecting the proximity of a linkage (MPEP 2143, subsection I, B).
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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.
Claim(s) 1-7, 9 – 16, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US patent 7543655 – Buchl et al. hereinafter as BUCHL in view of US PG Pub 20200260631 – Glennon et al. hereinafter as GLENNON
Regarding Claim 1 and 11
BUCHL discloses:
An agricultural implement, comprising:
a frame; (fig. 4 col. 5 line 5 – 12, implement frame 111)
a ground-engaging tool supported by the frame for penetrating soil of a field as the agricultural implement traverses the field; (fig. 4 col. 5 line 13 – 20, tool)
a fluid-driven actuator for adjusting a soil penetration depth of the ground-engaging tool; ( Hydraulic cylinders 52, 54, 56 to control the depth of tools)
a linkage assembly coupled to the frame and configured to move with the frame when the soil penetration depth of the ground-engaging tool is adjusted; (fig. 5 wherein linkage assembly is position travel arm 120 and fig. 5 position setting arm mounted to frame)
a fluid circuit for conveying a flow of pressurized fluid between the fluid-driven actuator and a fluid source, ( Fig. 3 line 46, line 49 and line 57) the fluid circuit comprising a blocking valve (Col 5 line 49 – 54 - Solenoid valve 41) configured to be electrically energized and de-energized such that to prevent the fluid-driven actuator from adjusting the soil penetration depth of the ground-engaging tool; ( Col 6 line 41 – 54 - Wherein Solenoid valve 41 blocks oil flow the cylinders cannot extend or retract preventing change of tool depth)
a
a relay configured to activate the blocking valve when the
BUCHL discloses of an electronically controlled fluid circuit comprising a blocking valve that is configured to electronically energize and de-energize. BUCHL further discloses a system that blocks fluid based on energizing and deenergize the solenoid valve 41. (Selective Position Control is an electro-hydraulic system 45 that interfaces with the normal manual hydraulic operation of the tractor's hydraulic control system ) thus to prevent the fluid-driven actuator from adjusting the soil penetration depth of the ground-engaging tool. ( Col 6 line 41 – 54 - Wherein Solenoid valve 41 blocks oil flow the cylinders cannot extend or retract preventing change of tool depth) where in blocking the fluid is the resulting element that pertains the selective positioning of the tool. As a result, it would have been obvious for one of having ordinary skill in the art at the time of the invention was filed to modify BUCHL’s energizing of the solenoid valve to permit the flow of pressurized fluid between the fluid-driven actuator and the fluid source to allow the fluid-driven actuator to adjust the soil penetration depth of the ground engaging tool and, when de-energized, the blocking valve blocks the flow of pressurized fluid between the fluid-driven actuator and the fluid source. This would allow BUCHL the ability to have selective control to give a user greater ability to control the operating conditions of the valve by holding at a desired point ( Col 6 line 41 – 54 – holding the implement load as programmable electronic set points)
BUCHL further discloses of position sensor for determining the presence / position of the linkage assembly (detects the presence of the linkage assembly within the detection range of the position sensor by determining the distance – col 5 line 13 – 21). BUCHL discloses of a position sensor regarding the linkage assembly , GLENNON discloses of determining depth of a tool based on a proximity sensor, GLENNON further discloses:
a proximity sensor configured to detect a presence of the linkage assembly when the linkage assembly moves into a detection range of the proximity sensor (para. 0034 – wherein associated linkage and sensors with proximity sensors cand determine dept of discs direct / indirect)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BUCHLs position sensor for determining the presence of the linkage assembly where the linkage assembly moves into detection range of the position sensor to utilize a proximity sensor for detection, a proximity sensor configured to detect a presence of the linkage assembly when the linkage assembly moves into a detection range of the proximity sensor as taught by GLENNON. Doing so merely constitutes the substitution of one known sensor mechanism for another to produce the predictable result of detecting the proximity of a linkage (MPEP 2143, subsection I, B).
Regarding Claim 2 and 12
BUCHL / GLENNON disclose claim 1
BUCHL disclose of a position sensor for determining the presence of the linkage assembly, GLENNON discloses the combination in claim 1 with regards to the proximity sensor, GLENNON further discloses:
wherein: the linkage assembly includes a plate protruding therefrom, the plate positioned on the linkage assembly such that a presence of the plate is detected by the proximity sensor when the plate moves into the detection range of the proximity sensor. ( para. 0032 – wherein the proximity sensor, wherein the magnet on the shaft based on broadest reasonable interpretation is the plate position for the linkage assembly to detect when plate is within sensing distance. Wherein magnet 109 to sensing device 111 )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BUCHLs position sensor for determining the presence of the linkage assembly where the linkage assembly moves into detection range of the position sensor to the linkage assembly to includes a plate protruding therefrom, the plate positioned on the linkage assembly such that a presence of the plate is detected by the proximity sensor when the plate moves into the detection range of the proximity sensor as taught by GLENNON. This would allow BUCKLs to more accurately determine the proximity of a linkage through movement detection of magnetic sensor to be detected directly ( para. 0032- sensor device 111 with magnet 109)
Regarding Claim 3 and 13
BUCHL / GLENNON disclose claim 2
GLENNON discloses the proximity sensor combination as disclosed in claim 2
3. The agricultural implement of claim 2, wherein: the proximity sensor is configured as a magnetic sensor configured to detect the presence of the plate when the plate moves into the detection range of the magnetic sensor. ( para. 0032 – wherein the proximity sensor 111, of which is detect movement of wherein the magnet 109 is the plate. wherein the magnet on the shaft based on broadest reasonable interpretation is the plate position for the linkage assembly to detect when plate is within sensing distance. )
Regarding Claim 4
BUCHL / GLENNON disclose claim 1
BUCHL discloses of an implement frame, GLENNON discloses of an implement that as a implement frame and a tool frame, GLENNON further discloses:
a main implement frame( 16) coupled to the tool frame( 48), the tool frame movable relative to the main implement frame( fig. 2 – main implement frame 16), wherein the linkage assembly ( fig. 2 linkage assembly 44 , 102, 64 linkage assembly) is coupled between the tool frame and the main implement frame and configured to move with the tool frame (fig. 2 linkage assembly 44 , 102, 64 linkage assembly) when the soil penetration depth of the ground-engaging tool is adjusted. (adjust depth para. 0025)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention BUCHL discloses of an implement frame coupled to the tool to utilize a main implement frame coupled to the tool frame, the tool frame movable relative to the main implement frame, wherein the linkage assembly is coupled between the tool frame and the main implement frame and configured to move with the tool frame when the soil penetration depth of the ground-engaging tool is adjusted as taught by GLENNON. Doing so merely constitutes the substitution of one known tool mounting arrangement for another to produce the predictable result of controlling too depth of an implement (MPEP 2143, subsection I, B).
Regarding Claim 5 and 14
BUCHL / GLENNON disclose claim 1
BUCHL discloses claim 1
5. The agricultural implement of claim 1, wherein the fluid-driven actuator is configured as a hydraulically driven actuator and the fluid circuit is configured as a hydraulic circuit for conveying a flow of pressurized hydraulic fluid between the hydraulically driven actuator and a hydraulic fluid source. ( Hydraulic circuit 3A and 3B – Hydraulic Circuit and cylinders 52, 54, 56)
Regarding Claim 6 and 15
BUCHL / GLENNON disclose claim 1
BUCHL disclose of an agricultural implement with linkage assembly, GLENNON discloses of a linkage assembly with proximity sensor
6. The agricultural implement of claim 1, wherein the linkage assembly is configured to move toward the detection range of the proximity sensor with decreases in the soil penetration depth of the ground-engaging tool. (para. 0019 – wherein the detection range of a proximity sensor within a particular threshold is used to hold specific conditions. i.e. - Specifically, in several embodiments, the controller may be
configured to receive data from a position sensor, with the position sensor configured to detect the rotational position of the rocker arm relative the frame. The rotational position of the rocker arm may, in tum, be indicative of the amount that the biasing element has already been extended/compressed by movement of the tool(s) relative to the frame. As such, the controller may be configured to determine the additional amount of available relative movement between the tool(s) and the frame based on the received data.)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BUCHLs position sensor for determining the presence of the linkage assembly where the linkage assembly moves into detection range of the position sensor to utilize a proximity sensor for detection to move toward the detection range of the proximity sensor with decreases in the soil penetration depth of the ground-engaging tool
as taught by GLENNON. This would allow BUCHL to determining the additional
amount of available relative movement between a plurality of tillage tools and a frame of a tillage implement. ( para. 0020)
Regarding Claim 7 and 16
BUCHL / GLENNON disclose claim 1
BUCHL disclose of an agricultural implement with linkage assembly, GLENNON discloses of a linkage assembly with proximity sensor
7. The agricultural implement of claim 1, wherein the linkage assembly is configured to move away from the detection range of the proximity sensor with increases in the soil penetration depth of the ground-engaging tool. ( para. 0047 – Thereafter, when the
determined amount of available relative movement between the disc blades 32 and the frame 16 has fallen below the predetermined minimum threshold, the controller 114 may initiate active adjustments of the rotational position of the rocker arm 58 so long as the active adjustments will not cause the monitored penetration depth of the disc blades 32 to fall outside of the predetermined range. )
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BUCHLs position sensor for determining the presence of the linkage assembly where the linkage assembly moves into detection range of the position sensor to utilize a proximity sensor for wherein the linkage assembly is configured to move away from the detection range of the proximity sensor with increases in the soil penetration depth of the ground-engaging tool as taught by GLENNON. This would allow BUCHL to determining the additional amount of available relative movement between a plurality of tillage tools and a frame of a tillage implement. ( para. 0020)
Regarding Claim 9
BUCHL / GLENNON disclose claim 1
BUCHL discloses:
9. The agricultural implement of claim 1, wherein the agricultural implement is configured as a tillage implement. (Col 7 line 12 – 16 - tillage tools)
Regarding Claim 10
BUCHL / GLENNON disclose claim 1
BUCHL discloses of an agricultural implement that has tillage tools but not specifically a harrow disc, GLENNON discloses common tillage tools that are harrow discs, GLENNON further discloses:
wherein the ground-engaging tool is configured as a harrow disk blade that rotates within the soil of the field as the agricultural implement traverses the field. (para. 0020 - wherein the tool is configured as a harrow disc)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BUCHLs an agricultural implement that has ground engaging tools to have ground engaging tools that is configured to wherein the ground-engaging tool is configured as a harrow disk blade that rotates within the soil of the field as the agricultural implement traverses the field as taught by GLENNON. Doing so merely constitutes the substitution of one known Ground engaging tool type for another to produce the predictable result of utilizing disc blades as an agricultural implement (MPEP 2143, subsection I, B).
Regarding Claim 18
BUCHL discloses:
18. (Currently Amended) A method of controlling the operation of an agricultural implement, the method comprising:
controlling, with a computing system(fig. 5 – processor) , an operation of a fluid-driven actuator to adjust a soil penetration depth of a ground-engaging tool of an agricultural implement, (fig. 4 and 5, Hydraulic cylinders 52, 54, 56 to control the depth of tools) wherein to move a linkage assembly moves with a frame of the agricultural implement when the soil penetration depth of the ground-engaging tool is adjusted; (fig. 5 wherein linkage assembly is position travel arm 120 and fig. 5 position setting arm mounted to frame)
detecting, with the computing system, a presence of the linkage assembly when the linkage assembly moves into a detection range of a position sensor; and ( Fig. 4 – a position sensor is potentiometer 112 - that determines the position of the linkage assembly.)
upon detection of the presence of the linkage assembly, (detects the presence of the linkage assembly within the detection range of the position sensor by determining the distance – col 5 line 13 – 21)
activating, with the computing system, a blocking valve to block a flow of pressurized fluid within a fluid circuit between the fluid-driven actuator and a fluid source. ( Col 6 line 41 – 54 - Wherein Solenoid valve 41 blocks oil flow the cylinders cannot extend or retract preventing change of tool depth)
BUCHL further discloses of position sensor for determining the presence / position of the linkage assembly (detects the presence of the linkage assembly within the detection range of the position sensor by determining the distance – col 5 line 13 – 21). BUCHL discloses of a position sensor regarding the linkage assembly , GLENNON discloses of determining depth of a tool based on a proximity sensor, GLENNON further discloses:
a proximity sensor configured to detect a presence of the linkage assembly when the linkage assembly moves into a detection range of the proximity sensor (para. 0034 – wherein associated linkage and sensors with proximity sensors cand determine dept of discs direct / indirect)
It would be obvious to one of ordinary skill in the art before the effective filling date of the applicants invention for BUCHLs position sensor for determining the presence of the linkage assembly where the linkage assembly moves into detection range of the position sensor to utilize a proximity sensor for detection, a proximity sensor configured to detect a presence of the linkage assembly when the linkage assembly moves into a detection range of the proximity sensor as taught by GLENNON. Doing so merely constitutes the substitution of one known sensor mechanism for another to produce the predictable result of detecting the proximity of a linkage (MPEP 2143, subsection I, B).
Regarding Claim 19
BUCHL / GLENNON disclose claim 18
19. (New) The method of claim 18, wherein activating the blocking valve comprises: activating, with the computing system, the blocking valve to block the flow of pressurized fluid within the fluid circuit between the fluid-driven actuator and the fluid source thereby preventing the fluid-driven actuator from decreasing the soil penetration depth of the ground-engaging tool. ( Col 6 line 41 – 54 - Wherein Solenoid valve 41 blocks oil flow the cylinders cannot extend or retract preventing change of tool depth)
Allowable Subject Matter
Claim 8, and 17 are allowable
Claim 8 and 17 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.
While depth control is known within BUCHL / GLENNON
BUCHL discloses of depth control of tools specific to energize and deenergize blocks valves, however BUCHL / GLENNON does not explicitly disclose the specifics of:
when the blocking valve of the fluid circuit is de-energized, the blocking valve is configured to limit the flow of pressurized fluid between the fluid-driven actuator and the fluid source to prevent the fluid-driven actuator from decreasing the soil penetration depth of the ground-engaging tool.
Thus such modification would require too significant modification and would constitute an improper degree of hindsight reasoning.
Conclusion
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 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 ALFRED H TSUI whose telephone number is (571)272-9511. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached on 5712720547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.H.T/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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