Prosecution Insights
Last updated: July 17, 2026
Application No. 18/777,480

Harvesting Machines For Use In Harvesting Corn, And Related Methods

Non-Final OA §102§103
Filed
Jul 18, 2024
Priority
Jul 21, 2023 — provisional 63/528,320
Examiner
MARTINEZ, JOSE ANTONIO
Art Unit
Tech Center
Assignee
Monsanto Technology LLC
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
28 granted / 30 resolved
+33.3% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
10 currently pending
Career history
44
Total Applications
across all art units

Statute-Specific Performance

§103
88.0%
+48.0% vs TC avg
§102
6.7%
-33.3% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 30 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 . Claim Objections Claim 14 and 15 objected to because of the following informalities: Claim 14, lines 4, 5 and 8 “one assembly" is -- one wheel assembly--. Claim 15, line 1 "one assembly" is -- one wheel assembly--. Appropriate correction is required. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao et al. (CN 113348857 B). Regarding claim 14, Gao discloses a harvesting machine for use in harvesting corn from corn plants, the harvesting machine (harvesting machine) comprising: a frame (51); at least one assembly (front wheel assemblies via 53) configured to move the harvesting machine along a ground surface; an arm (58) coupling the at least one assembly (front wheel assemblies via 53) to the frame (51); and at least one row unit (left and right headers 10) coupled to the frame (51) and operable to remove ears of corn from corn plants; wherein the frame (51) is disposed above the at least one assembly (See Gao Fig. 6). Regarding claim 15, Gao discloses the harvesting machine of claim 14, wherein the at least one assembly (front and rear wheel assemblies via front and rear axle assembly 52,53; See Gao Fig. 5 and 6) includes at least one tire (See Gao Fig. 5 and 6). 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, 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 113348857 B) in view of Li (CN 218388760 U). Regarding claim 1, Gao discloses a harvesting machine (harvesting machine) for use in harvesting corn from corn plants, the harvesting machine comprising: a tractor (harvesting machine; See Gao Fig. 1); and at least two row units (left and right headers 10) coupled to the tractor (See Gao Fig. 1) and operable to remove ears of corn from corn plants, a first row unit (10) of the at least two row units moveable relative to the tractor to change a height and/or rotational position of the first row unit (left header 10; See Gao machine translation starting bottom of Pg. 6, lines 8-14) and a second row unit (right header 10). However, Gao fails to disclose a second row unit of the at least two row units moveable relative to the tractor independent of the first row unit to change a height and/or rotational position of the first row unit. Li teaches a second row unit (14) of the at least two row units (13, 14) moveable relative to the tractor (utility model) independent of the first row unit (13) to change a height and/or rotational position of the first row unit. Li states, "In this embodiment, the left ear picking harvesting mechanism and the right ear picking harvesting mechanism are respectively provided with two ear picking box, two groups of reel chain and two groups of stem pulling roller, the left ear picking harvesting mechanism and the right ear picking harvesting mechanism can independently harvest the two rows of corn, it is completely suitable for the condition of planting 2-4 rows of corn belt" (Li machine translation starting top of Pg. 5, lines 20-23) It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the harvesting machine as taught by Gao with the independent first and second row unit as disclosed by Li so as to provide independent movable first and second row units relative to the tractor for adjusting the height and/or rotational position of the respective row units, in order to independently accommodate varying terrain and crop conditions while harvesting multiple rows, and thereby yielding the predictable result of improved harvesting adaptability. Regarding claim 2, Gao discloses the harvesting machine of claim 1, wherein the tractor (harvesting machine) includes at least one wheel assembly (front and rear wheel assemblies via front and rear axle assembly 52,53; See Gao Fig. 5 and 6) configured to move the harvesting machine along a ground surface. Regarding claim 3, Gao discloses the harvesting machine of claim 2, wherein the tractor (harvesting machine) includes a frame (51); and wherein the harvesting machine includes at least one arm (58) coupling the at least one wheel assembly (front wheel assemblies via 53) to the frame (51) of the tractor (harvesting machine), the frame disposed above the at least one wheel assembly (See Gao Fig. 6). Regarding claim 4, Gao discloses the harvesting machine of claim 2, wherein the at least one wheel assembly includes four wheel assemblies (2 front and 2 rear wheel assemblies; See Gao Figs. 5 and 6). Regarding claim 5, Gao discloses the harvesting machine of claim 2, wherein the at least one wheel assembly (front and rear wheel assemblies via front and rear axle assembly 52,53; See Gao Fig. 5 and 6) includes at least one tire (See Gao Fig. 5 and 6). Regarding claim 8, Gao discloses the harvesting machine of claim 1, further comprising a tool bar (21) coupling the at least two row units (left and right headers 10) to the tractor (harvesting machine), wherein the first row unit of the at least two row units is moveable along the tool bar relative to the second row unit of the at least two row units (See Gao machine translation top of Pg. 3, lines 10-16). Regarding claim 9, Gao discloses the harvesting machine of claim 1, wherein the first row unit (left header 10) of the at least two row units (left and right headers 10) includes multiple stalk rollers (17) configured to separate an ear of corn from a stalk of a corn plant (See Gao machine translation top of Pg. 7, lines 2-3). Regarding claim 10, Gao discloses the harvesting machine of claim 9, wherein the first row unit (left header 10) of the at least two row units (left and right headers 10) further includes guides (13; See Gao Fig. 3 and 4) configured to guide the corn plant toward the stalk rollers (17). Regarding claim 11, Gao discloses the harvesting machine of claim 1, further comprising a hopper (40) disposed adjacent the first row unit (left header 10) of the at least two row units (left and right headers 10), the hopper configured to receive the ears of corn removed from the corn plants by the first row unit. Regarding claim 12, Gao discloses the harvesting machine of claim 11, further comprising an actuator (41) coupled to the hopper (40), the actuator configured to rotate the hopper relative to the first row unit (left header 10) of the at least two row units (left and right headers 10) to discharge the ears of corn from the hopper. Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 113348857 B) in view of Li (CN 218388760 U) as applied to claims 1-5, 8-12 above, and further in view of Davis et al. (US 20180243774 A1). Regarding claim 6, Gao discloses the harvesting machine of claim 5. However, Gao fails to disclose wherein the at least one wheel assembly includes at least one wheel motor coupled to the at least one tire. Davis teaches wherein the at least one wheel assembly (42, 44) includes at least one wheel motor (48, 50) coupled to the at least one tire (tire shown coupled to wheels 42, 44; See Davis Fig. 1). It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the harvesting machine as taught by Gao with the wheel motors as disclosed by Davis in order to individually drive the wheel assemblies, thereby improving maneuverability through independent driving of wheel assemblies. Regarding claim 7 and 16, Gao discloses the harvesting machine of claim 6 and 14, wherein the frame defines a clearance of about fifty inches or more above a ground surface on which the harvesting machine is positioned. While Gao fails to disclose wherein the frame defines a clearance of about fifty inches or more above a ground surface on which the harvesting machine is positioned. Gao does disclose that the high-clearance chassis has a frame (51) with a minimum ground clearance of no less than 0.9 m (approximately 35 inches), which provides sufficient clearance for the harvesting machine to pass over soybean plants without damaging them (Gao machine translation starting on bottom of Pg. 7, lines 4-8). It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to modify the harvesting machine of Gao such that the frame defines a clearance of about fifty inches or more above the ground surface, because Gao expressly recognizes that increasing frame clearance improves the harvesting machine's ability to pass over standing crops. Optimizing the frame clearance to accommodate taller crop heights would have been a matter of routine optimization, thereby improving passage of the harvesting machine over standing crops. See MPEP 2144.05 II. A. Optimization Within Prior Art Conditions or Through Routine Experimentation. Claim 13 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 113348857 B) in view of Li (CN 218388760 U) as applied to claims 1-5, 8-12 above, and further in view of Desai et al. (US 10206323 B2). Regarding claim 13, Gao discloses the harvesting machine of claim 11. However, Gao fails to disclose further comprising at least one camera configured to capture at least one image of at least one of the at least two row units and/or of the hopper. Desai teaches at least one camera (230) configured to capture at least one image of at least one of the at least two row units (20, 30) and/or of the hopper. It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the harvesting machine as taught by Gao with the cameras as disclosed by Desai in order to capture at least one image of at least one of the at least two row units, thereby enabling visual monitoring of the harvesting operation and improving the ability to collect crop data during harvest. Claims 17 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 113348857 B) in view of Desai et al. (US 10206323 B2). Regarding claim 13, Gao discloses the harvesting machine of claim 14. However, Gao fails to disclose further comprising at least one camera configured to capture at least one image of at least one of the at least two row units and/or of the hopper. Desai teaches at least one camera (230) configured to capture at least one image of at least one of the at least two row units (20, 30) and/or of the hopper. It would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains, with a reasonable expectation of success, to have modified the harvesting machine as taught by Gao with the cameras as disclosed by Desai in order to capture at least one image of at least one of the at least two row units, thereby enabling visual monitoring of the harvesting operation and improving the ability to collect crop data during harvest. Allowable Subject Matter Claim 18 allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE A. MARTINEZ whose telephone number is (571) 272-5896. The examiner can normally be reached M-F 8-4. 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, William D. Hutton Jr. 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. 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. JOSE A. MARTINEZ Examiner Art Unit 3671 /WILLIAM D HUTTON JR/Supervisory Patent Examiner, Art Unit 3674
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Prosecution Timeline

Jul 18, 2024
Application Filed
Jul 08, 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
93%
Grant Probability
99%
With Interview (+8.3%)
3y 0m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 30 resolved cases by this examiner. Grant probability derived from career allowance rate.

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