Prosecution Insights
Last updated: July 17, 2026
Application No. 18/812,543

SYSTEM AND METHOD FOR MONITORING AND CONTROLLING BILLET LENGTH DURING OPERATION OF AN AGRICULTURAL HARVESTER

Non-Final OA §102
Filed
Aug 22, 2024
Priority
Aug 22, 2023 — BR 10 2023 016836 1
Examiner
MERLINO, DAVID P
Art Unit
Tech Center
Assignee
Cnh Industrial Brasil Ltda
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
324 granted / 455 resolved
+11.2% vs TC avg
Moderate +11% lift
Without
With
+11.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
18 currently pending
Career history
475
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
63.2%
+23.2% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 455 resolved cases

Office Action

§102
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 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. Introduction Claims 1-18 are pending and have been examined in this Office Action. This is the First Office Action on the Merits. Examiner’s Note Examiner has cited particular paragraphs / columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the disclosure. Claim Objections Claims 8 and 17 are objected to because of the following informalities: Claims 8 and 17 recite “at least one an” in line 2, which should be “at least one of an”. 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. Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2022/0167557 to Reiners et al. As per claim 1, Reiners discloses a method for monitoring and controlling billet length during operation of an agricultural harvester (Reiners; At least the abstract), the method comprising: receiving, with a computing system, an image of billets created by a chopper assembly of the agricultural harvester (Reiners; At least paragraph(s) 25, 27, and 33); analyzing, with the computing system, the image to determine a length-related parameter associated with one or more of the billets contained within the image (Reiners; At least paragraph(s) 33 and 34); comparing, with the computing system, the length-related parameter to a target length parameter range for the agricultural harvester (Reiners; At least paragraph(s) 37); and adjusting, with the computing system, a speed ratio between a feed roller assembly of the agricultural harvester and the chopper assembly when it is determined that the length-related parameter falls outside the target length parameter range (Reiners; At least paragraph(s) 37 and 40). As per claim 2, Reiners discloses wherein receiving the image of billets comprises receiving the image from a vision-based sensor located on or within the agricultural harvester at a location downstream of the chopper assembly (Reiners; At least paragraph(s) 25 and 26). As per claim 3, Reiners discloses wherein the vision-based sensor comprises at least one camera (Reiners; At least paragraph(s) 25). As per claim 4, Reiners discloses wherein the vision-based sensor is provided in operative association with an elevator assembly of the agricultural harvester (Reiners; At least paragraph(s) 18 and 26). As per claim 5, Reiners discloses wherein adjusting the speed ratio comprises increasing or decreasing a rotational speed of the feed roller assembly relative to a rotational speed of the chopper assembly (Reiners; At least paragraph(s) 32 and 40). As per claim 6, Reiners discloses wherein adjusting the speed ratio comprises increasing or decreasing a rotational speed of the chopper assembly relative to a rotational speed of the feed roller assembly (Reiners; At least paragraph(s) 32 and 40). As per claim 7, Reiners discloses wherein adjusting the speed ratio comprises adjusting a rotational speed of both the feed roller assembly and the chopper assembly (Reiners; At least paragraph(s) 32 and 40). As per claim 8, Reiners discloses wherein the length-related parameter comprises at least one an individual length of the one or more billets, an average length of the one or more billets, or a length distribution of the one or more billets (Reiners; At least paragraph(s) 37 and 38). As per claim 9, Reiners discloses further comprising determining a new speed ratio based on the comparison between the length-related parameter and the target length parameter range, wherein adjusting the speed ratio comprises adjusting the speed ratio to the new speed ratio (Reiners; At least paragraph(s) 31 and 33). As per claims 10-18, Reiners discloses the system (Reiners; At least paragraph(s) 2) for performing the method of claims 1-9. Therefore, claims 10-18 are rejected using the same citations and reasoning as applied to claims 1-9. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. The prior art shows the state of the art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID P MERLINO whose telephone number is (571)272-8362. The examiner can normally be reached M-Th 5:30am-3:00pm F 5:30-9:00 am ET. 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, Erin Bishop can be reached at 571-270-3713. 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. /David P. Merlino/Primary Examiner, Art Unit 3665
Read full office action

Prosecution Timeline

Aug 22, 2024
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §102 (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
71%
Grant Probability
82%
With Interview (+11.1%)
2y 7m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 455 resolved cases by this examiner. Grant probability derived from career allowance rate.

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