Prosecution Insights
Last updated: July 29, 2026
Application No. 18/738,355

IMPLEMENT FAILURE DETECTION AND ADAPTIVE REPLAN FOR AN AGRICULTURAL VEHICLE

Final Rejection §112
Filed
Jun 10, 2024
Examiner
SUTHERLAND, STEVEN M
Art Unit
3752
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Deere & Company
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
817 granted / 997 resolved
+11.9% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
28 currently pending
Career history
1023
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
66.6%
+26.6% vs TC avg
§102
9.1%
-30.9% vs TC avg
§112
21.7%
-18.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 997 resolved cases

Office Action

§112
DETAILED ACTION Claim Objections Claim 1 is objected to because of the following informalities: “the width” is believed to be in error for --the implement width--; “the first sensor signal” is believed to be in error for --the first signal--; “the product” is believed to be in error for --the agricultural product--; “the reduced plurality of row units” is believed to be in error for --the non-working plurality of row units--; “wherein the identified field location includes” is believed to be in error for --including--; “of product” is believed to be in error for --of field product--. Appropriate correction is required. Claim 3 is objected to because of the following informalities: “each of the rows” is believed to be in error for --each row of the plurality of rows--; “the reduced plurality” is believed to be in error for --the non-working plurality--; and “of product” is believed to be in error for --of agricultural product--. Appropriate correction is required. Claim 6 is objected to because of the following informalities: “the passes” is believed to be in error for --the plurality of passes--. Appropriate correction is required. Claims 8, 9 and 11 are objected to because of the following informalities: “the modified” is believed to be in error for --a modified--. Appropriate correction is required. Claim 13 is objected to because of the following informalities: “a non-working” is believed to be in error for --the non-working--; and “a sufficient” is believed to be in error for --the sufficient--. Appropriate correction is required. Claim 15 is objected to because of the following informalities: “the row” is believed to be in error for --the plurality of row--; “depositing agricultural” is believed to be in error for --depositing the agricultural--; “non-working row units” is believed to be in error for --non-working plurality of the plurality of row units--; and “the plurality of rows” is believed to be in error for --a plurality of rows--. Appropriate correction is required. Claim 16 is objected to because of the following informalities: “of product” is believed to be in error for --of agricultural product--; “the row” is believed to be in error for --the plurality of row--; “deposit product” is believed to be in error for --deposit the agricultural product--; “a sufficient” is believed to be in error for --the sufficient--. Appropriate correction is required. Claim 17 is objected to because of the following informalities: “product” is believed to be in error for --agricultural product--. Appropriate correction is required. Claim 18 is objected to because of the following informalities: “plurality row units” is believed to be in error for --plurality of row units--; “deliver a sufficient” is believed to be in error for --deliver the sufficient--; and “of product” is believed to be in error for --of agricultural product--. Appropriate correction is required. Claim 19 is objected to because of the following informalities: “more plurality row” is believed to be in error for --more of the plurality of row--; “deliver a sufficient” is believed to be in error for --deliver the sufficient--; and “of product” is believed to be in error for --of agricultural product--. Appropriate correction is required. Claim 20 is objected to because of the following informalities: “of product” is believed to be in error for --of agricultural product--. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 14 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 14 recites the same limitations as claim 1, upon which claim 14 depends, such that the limitations of claim 14 does not further limit the claims upon which claim 14 depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Allowable Subject Matter Claims 1, 3, 6-13, 15-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: prior art fails to teach, in combination with the other limitations of independent claim 1, that the adjusted plurality of passes includes an overlap portion that overlaps a portion of the field which received a sufficient amount of product during a prior pass, such that the working plurality of the plurality of row units deposits the agricultural product at the coverage gap; prior art fails to teach, in combination with the other limitations of independent claim 15, depositing the agricultural product with the working plurality of the plurality of row units at the coverage gap by overlapping adjacent passes of the multiple passes such that the non-working plurality of the plurality of row units are located at some of a plurality of rows having received the sufficient amount of product during a prior pass; and prior art fails to teach, in combination with the other limitations of independent claim 16, depositing the agricultural product at the coverage gap by overlapping a portion of the field which received the sufficient amount of agricultural product during a prior pass. Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 STEVEN M SUTHERLAND whose telephone number is (571)270-1902. The examiner can normally be reached M-F 8-5. 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, Arthur Hall can be reached at (571) 270 - 1814. 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. /STEVEN M SUTHERLAND/Primary Examiner, Art Unit 3752
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Prosecution Timeline

Jun 10, 2024
Application Filed
Mar 06, 2026
Non-Final Rejection mailed — §112
May 14, 2026
Applicant Interview (Telephonic)
May 14, 2026
Examiner Interview Summary
May 18, 2026
Response Filed
Jun 17, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

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

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
97%
With Interview (+15.4%)
2y 8m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 997 resolved cases by this examiner. Grant probability derived from career allowance rate.

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