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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the applicant claims a control device configured to control a self propelled harvester and further goes on to recites limitations for the harvester. It is unclear if the applicant is intending to claim the control device in combination with the harvester or if the harvest is just part of the intended use of the control device. Correction or clarification are required.
Claims 2-11 depend from claim 1 and therefore are also indefinite.
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) 1,12,14,18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Laugen et al. 20190364733.
Referring to claim 1, Laugen discloses a control device configured to control a self-propelled combine harvester that includes a draper having a plurality of conveyor belts driven at a belt speed for picking up and conveying harvested material to a conveying device in a feed channel of the combine harvester, one or more working units positioned downstream from the feed channel and configured to process the harvested material that is picked-up, and a drive motor configured to drive the draper, the conveying device, the one or more working units and a travel drive configured to operate the combine harvester at a driving speed, the control device comprising: at least one memory (530) configured to store a first limit value for a peak capacity of the drive motor; and at least one processor (520) in communication with the memory, the at least one processor configured to: automatically determine utilization of the drive motor during harvesting mode (see paragraph 0028); automatically determine whether the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor ( determining one motor operating at a higher capacity), see paragraph 0024); and responsive to determining that the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor, automatically reduce the belt speed of one or more of the conveyor belts of the draper (see paragraph 0024).
Referring to claim 12 and 18, Laugen discloses a self-propelled combine harvester comprising: a draper including a plurality of conveyor belts (202,204) configured to be driven at a belt speed for picking up and conveying harvested material to a conveying device in a feed channel of the combine harvester; one or more working units (auger 134 and others in paragraph 0015)) positioned downstream from the feed channel and configured to process the harvested material; at least one drive motor (216) configured to drive the draper; and a control device (302) configured to: regulate a driving speed of the combine harvester (propulsion system 346); automatically determine utilization of the drive motor during harvesting mode (see paragraph 0028); automatically determine whether the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor ( determining one motor operating at a higher capacity), see paragraph 0024); and responsive to determining that the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor, automatically reduce the belt speed of one or more of the conveyor belts of the draper (see paragraph 0024).
Referring to claim 14, Laugen discloses the control device (302) is configured to control operation of belt speeds of the one or more of the plurality of conveyor belts of the draper so that the belt speeds are independently set of one another (see paragraph 0053).
Claim(s) 1,4-8,12,14,16-18,20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mueller et al. 20180199508 .
Referring to claim 1, Mueller discloses a control device configured to control a self-propelled combine harvester that includes a draper having a plurality of conveyor belts driven at a belt speed for picking up and conveying harvested material to a conveying device in a feed channel of the combine harvester, one or more working units positioned downstream from the feed channel and configured to process the harvested material that is picked-up, and a drive motor configured to drive the draper, the conveying device, the one or more working units and a travel drive configured to operate the combine harvester at a driving speed, the control device (29) comprising: at least one memory (would have memory to store data and programs, see paragraph 0029 algorithm stored in controller) configured to store a first limit value for a peak capacity of the drive motor; and at least one processor (would have processor to process algorithms) in communication with the memory, the at least one processor configured to: automatically determine utilization of the drive motor during harvesting mode (see paragraph 0028); automatically determine whether the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor ( actual torque versus target torque, paragraph 0014 and 0016); and responsive to determining that the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor, automatically reduce the belt speed of one or more of the conveyor belts of the draper (see paragraph 0013 speed can be changed).
Referring to claim 4, Mueller discloses the control device is further configured to: determine a throughput of the conveying device; and responsive to determining that the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor, automatically reduce the driving speed depending on the throughput of the conveying device (see paragraph 0030).
Referring to claim 5, Mueller discloses the control device is configured to receive one or more signals from a sensor arrangement positioned in the feed channel; and wherein the at least one processor is configured to determine the throughput of the conveying device by evaluating the one or more signals from the sensor arrangement (see paragraph 0028).
Referring to claims 6 and 17, Mueller discloses the at least one processor, responsive to determining that the utilization of the drive motor meets or exceeds the first limit value for the peak capacity of the drive motor, is further configured to automatically reduce drive speed of a cutter bar and intake auger of the draper ( speed for other motors is can be adjusted, see paragraph 0013).
Referring to claim 7, Mueller discloses the control device (29) is configured to change the belt speed of the conveyor belts and the drive speed of the cutter bar and intake auger of the draper independently of one another by controlling one or more actuators (25a-e) configured to drive the conveyor belts, the cutter bar and the intake auger.
Referring to claims 8 , 16 and 20, Mueller discloses the at least one processor is further configured to: determine a throughput of the conveying device; and control or regulate the driving speed of the combine harvester depending on the throughput of the conveying device (see paragraph 0028).
Referring to claim 12 and 18, Mueller discloses a self-propelled combine harvester comprising: a draper including a plurality of conveyor belts (18) configured to be driven at a belt speed for picking up and conveying harvested material to a conveying device in a feed channel of the combine harvester; one or more working units (19,23) positioned downstream from the feed channel and configured to process the harvested material; at least one drive motor (25c) configured to drive the draper; and a control device (29) configured to: regulate a driving speed of the combine harvester ( paragraph 0028); automatically determine utilization of the drive motor during harvesting mode; automatically determine, based on the utilization of the drive motor, whether a first limit value for a peak capacity of the drive motor is met or exceeded ( actual torque versus target torque, paragraph 0014 and 0016); responsive to determining that the first limit value for the peak capacity of the drive motor is met or exceeded, automatically reduce the belt speed of one or more of the conveyor belts of the draper (see paragraph 0013 speed can be changed).
Referring to claim 14, Mueller discloses the control device (20) is configured to control operation of belt speeds of the one or more of the plurality of conveyor belts of the draper so that the belt speeds are independently set of one another (see paragraph 0010).
Allowable Subject Matter
Claims 13,15,19 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.
Claim 2-3,9-11, would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to Laugen et al. 20190364733 and Mueller et al. 20180199508 does not teach or suggest the at least one memory is further configured to store a second limit value for the peak capacity of the drive motor; and wherein the second limit value is greater than the first limit value in combination with the other limitations of the claims.
The closest prior art to Laugen et al. 20190364733 and Mueller et al. 20180199508 does not teach or suggest the control device is configured to receive one or more signals from at least one loss sensor arrangement positioned on the combine harvester; and wherein the at least one processor is further configured to: determine, based on the one or more signals from the at least one loss sensor arrangement, harvested material losses; and control the driving speed of the combine harvester depending on the harvested material losses in combination with the other limitations of the claims.
The closest prior art to Laugen et al. 20190364733 and Mueller et al. 20180199508 does not teach or suggest wherein the control device is configured to operate the combine harvester in a plurality of different adjustable driving modes; wherein the plurality of different adjustable driving modes comprise one or more of: a constant driving speed mode for which a target driving speed to be maintained is specified; a constant harvested material throughput mode for which a target harvested material throughput is specified; a constant harvested material throughput at a specified loss level mode whereby the target harvested material throughput and a target loss level to be maintained are specified; and wherein the at least one processor is configured to perform one or more of: for the constant driving speed mode, maintain the driving speed at the target driving speed specified; for the constant harvested material throughput mode, adjust the driving speed to maintain the harvested material throughput to be at the target harvested material throughput that is specified; and for the constant harvested material throughput at a specified loss level mode, adjust the driving speed to maintain: the harvested material throughput to be at the target harvested material throughput; and the loss level to be at the target loss level in combination with the other limitations of the claims.
The closest prior art to Laugen et al. 20190364733 and Mueller et al. 20180199508 does not teach or suggest wherein the cutter bar and the intake auger are mechanically driven; wherein the plurality of conveyor belts are hydraulically driven; wherein the control device is configured to mechanically control the cutter bar and the intake auger; and wherein the control device is configured to hydraulically control the plurality of conveyor belts in combination with the other limitations of the claims.
The closest prior art to Laugen et al. 20190364733 and Mueller et al. 20180199508 does not teach or suggest the control device is further configured to: automatically determine whether the utilization of the drive motor meets or exceeds a second limit value for the peak capacity of the drive motor, the second limit value being greater than the first limit value; and responsive to determining that the utilization of the drive motor meets or exceeds the second limit value for the peak capacity of the drive motor, automatically reduce the driving speed by activating a travel drive and automatically interrupt a respective drivetrain of the draper and conveying device in combination with the other limitations of the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIOVANNA WRIGHT whose telephone number is (571)272-7027. The examiner can normally be reached M-F 8 am- 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Giovanna Wright/Primary Examiner, Art Unit 3672
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