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 § 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 1-5, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling (DE 102016202628) in view of Posselius et al. (US Patent Application Publication No. 2017/0013777).
In reference to claim 1, Wendling discloses a harvesting implement for an agricultural harvester, the harvesting implement comprising:
an implement frame 42 configured to be supported in front of a frame 22 of the agricultural harvester 10 for movement relative thereto, the implement frame 42 defining a plane extending in a longitudinal direction between a forward end of the implement frame 42 and an aft end of the implement frame 42 (Fig. 3), the plane further extending in a lateral direction between a first side of the implement frame and a second side of the implement frame (Figs. 2 and 3), the lateral direction extending perpendicular to the longitudinal direction;
a cutter bar 54 (Fig. 3) supported on the implement frame 42, the cutter bar 54 configured to sever crops present within a field across which the agricultural harvester 10 is traveling in a forward direction of travel (Fig. 3);
a support arm 78/80; and
a sensor 62 coupled to the support arm 78/80,
wherein the support arm 78/80 is configured to rotate relative to the implement frame 42 about an axis, intersecting the plane, between a first position at which the sensor has a field of view directed at a portion of the field forward of the harvesting implement relative to the forward direction of travel (Fig. 3) and a second position at which a distance between the sensor 62 and the aft end of the implement frame 22 in the longitudinal direction is less than when in the first position (Fig. 5).
Wendling fails to disclose that the support arm is coupled to and supported by the implement frame.
Posselius discloses that a support arm 88 that supports a sensor 82 can be either attached to the harvester frame or the implement frame 20 (Fig. 1, par. 0024). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to dispose the support arm on the implement frame rather than the harvester frame with a reasonable expectation of success as it amounts to a substitution of equivalents to perform the same function, which is in this case to support a sensor in front of a harvester.
In reference to claim 2, Wendling discloses that the support arm 78/80 is at the first position (Figs. 3 and 4), the sensor 62 is positioned forward of the cutter bar 42 relative to the forward direction of travel (Figs. 3 and 4).
In reference to claim 3, Wendling discloses that when the support arm 78/80 is at the second position, the sensor 62 is positioned aft of the cutter bar 42 relative to the forward direction of travel (Figs. 4 and 5).
In reference to claim 4, Wendling discloses that when the support arm 78/80 is at the second position, the sensor 62 is positioned forward of the aft end of the implement frame 22 relative to the forward direction of travel (Fig. 5).
In reference to claim 5, Wendling discloses a reel assembly 44 coupled to the implement frame 22 such that the reel assembly 44 is moveable relative to the implement frame 22 independently of the support arm 78/80 (Fig. 3).
In reference to claim 11, Wendling does not explicitly disclose that the sensor comprises a transceiver-based sensor. However, the sensor 62 is disclosed as a camera that receives optical data and then transmits that data (par. 0023, “the transmission of the image data of the camera 68 to a control arrangement 74”), so the sensor 62 constitutes a transceiver-based sensor.
In reference to claim 12, Wendling fails to disclose that the support arm is arcuate. Posselius discloses an arctuate support art 88 (Fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to form the support arm as arcuate with a reasonable expectation of success as it amounts to a substitution of known equivalents to perform the same function, which is in this case to support a sensor in a position to monitor a harvesting activity.
Allowable Subject Matter
Claims 6-10 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.
Claims 13-16 and 18-20 are allowed.
Response to Arguments
Applicant’s arguments in reference to claim 1 are moot in view of the new grounds of rejection.
Applicant’s other arguments are persuasive and those rejections have been withdrawn.
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 BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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, 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
7/01/26
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