DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or 0after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 b0efore 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.
Claim(s) s 1-6 and 10-20 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Noll 2015/0121831.
The PG pub to Noll discloses in Figures 1-3 and paragraphs 4-6, 17-20 and 32-36 all features of the claimed invention as described below.
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[0004] The subject application provides headers adapted for use with an agricultural harvester. The headers include improved end dividers that are secured to opposite ends of a harvesting reel and operate to deflect or divide the crop inwardly toward the harvesting reel. Unlike existing designs where the end dividers are detachably secured to the header, the end dividers of the subject application at all times remain on the header and adjust in length to suit the particular crop being harvested. The end dividers extend and retract based on forward and rearward movement of a harvesting mechanism, such as e.g., a harvesting reel and may comprise a single or multiple parts, such as, first and second parts where the second part moves telescopically with respect to the first part. In either case, the end dividers may be selectively adjusted lengthwise to suit the height and other characteristics of various types of crops. Thus, the subject header is capable of effectively harvesting crops of different heights without having to select and install crop specific end dividers to suit the crop or condition of crop being harvested.
[0005] In accordance with another aspect, the subject application provides a header adapted for use with an agricultural harvester. The header includes a frame connectable to an agricultural harvester, a harvesting reel rotatably carried by the frame and moveable in a vertical direction and in fore and aft directions, and an end divider assembly extending from a side end of the frame. The end divider assembly includes a first part and a second part in telescoping arrangement with the first part. The second part includes a front end and a rear end. The second part is connected to a side end of the harvesting reel and the front end of the second part is at a predetermined horizontal distance from a forward most end of the harvesting reel. In addition, the second part is coupled to the harvesting reel to move with the harvesting reel in the fore and aft directions to maintain the predetermined horizontal distance and to move independently of the harvesting reel when the harvesting reel moves in the vertical direction.
[0006] In accordance with yet another aspect, the subject application provides a header for an agricultural harvester. The header includes a frame connectable to a combine harvester, a harvesting reel rotatably carried by the frame and moveable in the vertical direction and in the fore and aft directions, and an end divider extending from a side end of the frame and moveable between a first position and a second position. The end divider includes a front end and a rear end. The front end is connected to a side end of the harvesting reel such that the front end is at a predetermined horizontal distance from a forward most end of the harvesting reel. The end divider is coupled to the harvesting reel to move with the harvesting reel in the fore and aft directions to maintain the predetermined horizontal distance and to move independently of the harvesting reel when the harvesting reel moves in the vertical direction.
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[0017] Turning to FIGS. 2 and 3, the end divider assembly 20 according to a first aspect is of telescoping construction including a first section or first part 22 connected to a header frame 24 and a second section or second part 26 that is movably connected to the first part 22. The second part 26 has a front end 26a and a rear end 26b. The second part 26 is connected to a side end of the harvesting reel 16 as described below and the front end 26a of the second part is at a predetermined horizontal distance X (FIG. 3) from a forward most end of the harvesting reel.
[0018] As is known, header frame 24 is connectable to the combine harvester 10 and harvesting reel 16 is rotatably carried by the header frame 24. The harvesting reel 16 is rotated by a drive mechanism 27 (FIG. 1) which derives its power from the combine harvester.
[0019] The header includes devices 28 for moving the reel in a substantially horizontal fore and aft direction and similar devices 30 for moving the reel in a substantially vertical direction. Devices 28, 30 may be any suitable extendable and retractable devices, such as linear actuators including hydraulic or pneumatic cylinders, screw jacks, or the like. It can also be contemplated that the header, particularly if it is of a somewhat small size, can be moved manually in the fore and aft and up and down directions, e.g., without the assistance of linear actuators. The header further includes fixation or mounting devices for connecting the harvesting reel 16 to the second part 26 such that generally horizontal translational movement of the harvesting reel causes corresponding generally horizontal translational movement of the second part. Such devices also permit the harvesting reel 16 to be moveable in the vertical direction relative to the second part between a first position and a second position.
[0020] The devices connecting harvesting reel 16 and end divider 20 can include a male member 36 carried by one of a side end of the harvesting reel and the end divider, and a female slot 34 carried by the other of the side end of the harvesting reel and the end divider. Specifically, one of the second part and the side end of the harvesting reel includes the male member 36 and the other of the second part and the side end of the harvesting reel includes the female slot 34 for receiving the male member so as to be slidably engaged therewith. The female slot 34 receives the male member 36, which can be configured e.g., as a pin, so as to be slidably engaged therewith. Pin 36 is slidable in female slot 34 but is restrained by the slot in the horizontal direction.
[0031] In particular, the shroud 162 is formed from a front portion 160a of the medial side 160 having an extension that extends in a medial direction towards the harvesting reel 16. So constructed and arranged the shroud 162 reduces the likelihood of crop material collecting in the void 150 between the harvesting reel 16 and the side 152 of the header. As a result, the crop dividing and gathering function of the end divider is essentially unhindered, clean crop cuts are maintained during operation of the harvester, and crop recovery is correspondingly improved.
[0032] All other aspects of the end divider 120 are similar to those of end divider 20 discussed above, such as the end divider 120 being pivotably connected to the frame, the harvesting reel being configured to be moveable in the vertical direction relative to the end divider between a first position and a second position, the male and female members, and the quick connect.
[0033] This particular configuration of the end divider 120 having a shroud can similarly be applied to the end divider assembly 20 described above. In the end divider assembly 20, the second part 26 of the end divider assembly further includes a shroud covering the void about a portion of an anterior end of the harvesting reel. The shroud is formed from a portion of the front end 26a extending medially from a medial side of the front end. For example, the medial side includes an extension that extends in a medial direction towards the harvesting reel forming the shroud covering the void about a portion of the anterior end of the harvesting reel.
[0034] Regardless of the particular construction of the end divider, a further aspect of the invention involves an advantageous method of changing a length of an end divider to accommodate varying crop conditions as the crop is being harvested. The method includes automatically moving an end divider of a header via a telescopic arrangement. The telescopic arrangement can be, e.g., as described in the above end divider assembly. The moving act is parallel to a direction of motion of an agricultural harvester that hosts the end divider. The automatic feature of the end divider can be accomplished, e.g., by various electro-mechanical controls operatively connected to the end divider and a controller.
[0035] The method further includes changing a length of the end divider based on the moving act. For example, when the end divider is moved in a telescoping manner, the overall length of the end divider changes.
[0036] In performing the foregoing a method, the operator can automatically change the length of the divider to effectively and uninterruptedly harvest crop in situations where the height and/or density of the crop varies throughout a field being harvested. For example, the length of the end divider can be automatically changed when the harvesting reel of the header needs to be moved relative to the header frame to accommodate various crop conditions.
Noll ‘831 discloses an agricultural system (fig. 1-3) comprising:
a head (ref. 12) configured to be mounted to an agricultural harvester (10);
a first end divider (20), movable between a retracted position and a raised
position (descr. [0004, 0032]), on a first end of the head; a first actuator (28), mounted on the head, that moves the first end divider between the retracted position and the raised position ([0019, 0020]); an input mechanism that detects an end divider position criterion (e.g. [0034, 0036]); an actuator controller that identifies a control action, corresponding to the first end divider, to take based on the detected end divider position criterion; and a control signal generation system that automatically generates a control signal to control the first actuator to move the first end divider to a commanded position based on the identified control action (the last two features are implicit with the actuator of D1 as it is not installed without a controller and control signal generation system).
In regards to claim 2 see paragraph 36 of Noll. In regards to claims 3 and 5 see Paragraphs 33-36 for inherency of the claimed subject matter. In regards to claims 4 and 6 see paragraph 2 of Noll. In regards to claims 10 and 11 the end dividers are described as adjustable paragraphs cited above to deal with the edge of the field or location of a fence as is inherent in the art in order to harvest the crop edges. Claims 13-20 follow from the above rejection.
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noll in view of ANDERSON 20170339827. The PG pub to Noll lacks the exact disclosure of yield value adjustments. The PG pub to Anderson discloses in paragraph 37 the use of yield value as a plant characteristic. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to adjust the end divider position of Noll based on yield value as suggested by Anderson in order to maximize harvest.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noll in view of Vandike 2023027004
The PG pub to Noll lacks the exact disclosure of NDVI adjustments. The PG pub to Vandike discloses in paragraph 116 the use of NDVI as a plant characteristic. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to adjust the end divider position of Noll based on NDVI as suggested by Vandike in order to maximize harvest.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Noll in view of Clark 2024/0099191.
The PG pub to Noll lacks the exact disclosure of moisture value adjustments. The PG pub to Clark discloses in paragraph 79 the use of moisture value as a plant characteristic. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to adjust the end divider position of Noll based on moisture value as suggested by Clark in order to maximize harvest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M CAMBY whose telephone number is (571)272-6958. The examiner can normally be reached M - F flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter D Nolan can be reached at 571 270 7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD M CAMBY/Primary Examiner, Art Unit 3661