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 . This office action is in response to an application filed on 11/06/2024. The applicant submits an Information Disclosure Statement dated 11/06/2024. The applicant does not make a claim for Foreign priority. The applicant makes a claim for Domestic priority to applications filed on 10/24/2018, 10/24/2019, 07/23/2020, 04/09/2021, and 06/21/2023.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 30 of U.S. Patent No. 10,999,971. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims contain the same inventive concept that is not patentably distinct pursuant to MPEP 804. The concept is the measuring the amount of material transferred during loading or unloading and the result identified by measuring the weight. A patent is claims are broader in scope than the application and covers the features identified in the application claims.
Claims 1 – 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 - 21 of U.S. Patent No. 11,723,307. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims contain the same inventive concept that is not patentably distinct pursuant to MPEP 804. The concept is the measuring the amount of material transferred during loading or unloading and the result identified by measuring the weight. A patent is claims are broader in scope than the application and covers the features identified in the application claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea of a mental concept of evaluation and/or observation without significantly more. The claims are evaluated under the 2019 Subject Matter Guidance and the MPEP. Example 40 is used as the reference for the analysis
Step 1
The claims recite a computer implemented method and a system. The claims pass Step 1 by claiming one of the four statutory categories.
Step 2A Prong I
Independent claim 1 is reproduced below with the abstract idea in italics and the pre/post solution in bold. The analysis of the claim is representative of the other independent claims.
Claim 1
A computer implemented method comprising:
determining, automatically by a processor, that a first transfer event of a first machine is correlated with a second transfer event of a second machine or container when the first and second transfer events have occurred, or are occurring, within a geometric intersection of projected material flow direction of the first machine, the first transfer event comprising one of a loading or an unloading of a first amount of a bulk material; and
based on the determination, further determining by the processor, that the first machine is one of loading or unloading bulk material to/from the second machine or container and the amount of the bulk material transferred there between, a location of the bulk material transferred there between or a combination thereof.
The independent claims and dependent claims inventive concept determined under 2106.07 is determining agricultural product is transferred. The independent claim contains the sole structure of a processor that performs operations that may be performed in the mind. The dependent claims 2, 3, and 9 contain generic components that perform operations that constitute pre solution activity that doesn’t have bearing on determining the transfer amount or rate of material. Claims 4, 5, and 10 are also abstract idea of evaluation and/or observation. Claims 6 – 8 are an abstract idea of a mathematical opertions.
With respect to the MPEP 2106.04(a)(2)(III) the operations may be performed in the mind as an observer watches the transfer or material. The claims do not identify what the data is used for and whether a control operation is executed based upon identifying what is observed.
With respect to 209 Guidance example 40. The claims do not identify specific structure performing a specific operation to render a specific result. Therefore, the claims fail to identify what is evaluated and observed per the guidance requirements.
Thus, the claims fail Step 2A Prong I.
Step 2A Prong II
This judicial exception is not integrated into a practical application because the claims fail to identify a new or improvement in the technology pursuant to MPEP 2106.04(d) and 2106.04(d)(2). The claims contain generic structural features and broadly claimed operations that may be performed in the mind. The result of the operations does not identify results that satisfy the standards established in the MPEP. Therefore, the claims fail Step 2A Prong II.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims fail to satisfy the MPEP 2106.05(a-h) and the 2019 Guidance. The claims do not identify the result of the operation or how the invention is new or an improvement in the technology area. Therefore, the claims fail Step 2B.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: first transfer event, second transfer event, loading, unloading in claim 21 and with respect to specification paragraph 0094 is justified the means identification.
Because this/these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 - 21 are rejected under 35 U.S.C. 103 as being unpatentable over Darr US 2014/0083556 in view of Gengerke US 2013/0269832.
As per claim 1, A computer implemented method comprising:
determining, automatically by a processor, that a first transfer event of a first machine is correlated with a second transfer event of a second machine or container when the first and second transfer events have occurred, or are occurring, within a geometric intersection of projected material flow direction of the first machine, the first transfer event comprising one of a loading or an unloading of a first amount of a bulk material; (Darr paragraph 0131 discloses, “The processor platform 1500 can be, for example, an electronic control module (e.g., a vehicle control module or an engine control module), a server, a personal computer, a mobile device (e.g., a cell phone, a smart phone, a tablet such as an iPad.TM.),” and paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”) And (Gengerke paragraph 0057 teaches, “The ability to compute the weight and volume of subsequent loads once calibration has been done provides great advantage. As one example, when combining a corn or soybean field, the grain trailer is driven through the field at the same speed as the combine to catch the shelled corn being ejected from the combine's output auger. Built into the combine is a GPS system that can transmit precise location data to the receiver in the display computer in the truck's cab. Thus, yield from a known field area can be recorded. Smartphones and other tablet computers contain GPS receiver chips so that the driver's hand-held device can also be used to develop location information.”) and
based on the determination, further determining by the processor, that the first machine is one of loading or unloading bulk material to/from the second machine or container and the amount of the bulk material transferred there between, a location of the bulk material transferred there between or a combination thereof. (Darr paragraph 0004 discloses, “harvesting machines utilize a spout (e.g., an unloading auger) to transfer agricultural material to a storage portion (e.g., a grain cart or wagon), of a receiving vehicle (e.g., a tractor).”) and (Gengerke paragraph 0059 teaches, “n the case of a grain storage bin of the type shown in FIGS. 8 and 13, it comprises a right circular cylinder 250 capable of storing a volume equal to the area of the base times the height of the grain within the bin which, of course, varies as grain is being added by conveyor and allowed to enter through an opening, usually located at the center of the bin's roof, or when grain is being removed, via a slide gate controlled opening centrally located in the bin floor and leading to an auger conveyor beneath the bin floor as previously described.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 2, The computer implemented method of claim 1, wherein the first machine comprises a combine and the second machine comprises a grain cart, or wherein the first machine comprises a grain cart and the second machine or container comprises a truck or a grain bin. (Darr paragraph 0004 discloses, “harvesting machines utilize a spout (e.g., an unloading auger) to transfer agricultural material to a storage portion (e.g., a grain cart or wagon), of a receiving vehicle (e.g., a tractor).”) and (Gengerke paragraph 0010 teaches, “that a need exists for a way to monitor the filling of a grain trailer from a position within the truck's cab so that the farmer will know when it is necessary to move the trailer relative to the auger being used to load the trailer hopper(s).”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 3, The computer implemented method of claim 1, wherein the processor is comprised by a mobile device. (Darr paragraph 0131 discloses, “The processor platform 1500 can be, for example, an electronic control module (e.g., a vehicle control module or an engine control module), a server, a personal computer, a mobile device (e.g., a cell phone, a smart phone, a tablet such as an iPad.TM.),”)
As per claim 4, The computer implemented method of claim 1, wherein the determining that the first and second transfer events are correlated further comprises determining, by the processor, that the first and second transfer events occurred, or are occurring, within a threshold time of each other, within a threshold distance of each other, at substantially proximate locations, or a combination thereof. (Darr paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”)
As per claim 5, The computer implemented method of claim 1, wherein the determining that the first and second transfer events are correlated further comprises determining, by the processor, that the amount of the bulk material is within a threshold amount of another amount of bulk material transferred to/from the second machine or container. (Darr paragraph 0062 discloses, “the grain bin monitoring system is calibrated by first loading the bin to its stated capacity and then counting the number of pixels on the display screen associated with a full bin.” and paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”)
As per claim 6, The computer implemented method of claim 1, wherein the geometric intersection of projected material flow direction is determined based on an intersection of an azimuth vector of the first machine with a location of the second machine or container. (Gengerke paragraph 0032 teaches, “an auger rotation system is configured to sense a spout rotation angle 114 of FIGS. 1A and 2A and/or 116 of FIGS. 1B and 2B and rotate the spout 112 to change the relative position of a spout end 118 of the spout 112 with respect to a container perimeter 120 of the storage portion 106 of the container 108.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 7, The computer implemented method of claim 6, wherein the azimuth vector is determined using a magnetometer affixed to the first machine. (Gengerke paragraph 0097 teaches, “An inertial sensor 358 may have one or more accelerometers, gyroscopes or other inertial devices coupled to the vehicle data bus 304 or the implement data bus 402.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 8, The computer implemented method of claim 6, wherein the azimuth vector is determined based on a direction of material flow of a conveyance device of the first machine. (Darr paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”) and (Gengerke paragraph 0032 teaches, “an auger rotation system is configured to sense a spout rotation angle 114 of FIGS. 1A and 2A and/or 116 of FIGS. 1B and 2B and rotate the spout 112 to change the relative position of a spout end 118 of the spout 112 with respect to a container perimeter 120 of the storage portion 106 of the container 108.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 9, The computer implemented method of claim 8, wherein the conveyance device comprises one of a conveyor or auger. (Gengerke paragraph 0032 teaches, “an auger rotation system is configured to sense a spout rotation angle 114 of FIGS. 1A and 2A and/or 116 of FIGS. 1B and 2B and rotate the spout 112 to change the relative position of a spout end 118 of the spout 112 with respect to a container perimeter 120 of the storage portion 106 of the container 108.” And paragraph 0059 teaches, “varies as grain is being added by conveyor and allowed to enter through an opening, usually located at the center of the bin's roof, or when grain is being removed, via a slide gate controlled opening centrally located in the bin floor and leading to an auger conveyor beneath the bin floor as previously described.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 10, The computer implemented method of claim 1, further comprising distinguishing, by the processor, the first and second transfer events from third and fourth transfer events comprising a third machine one of loading or unloading to/from a fourth machine or container when a geometric intersection of projected material flow direction of the third machine is different from the geometric intersection of projected material flow direction of the first machine. (Darr paragraph 0004 discloses, “harvesting machines utilize a spout (e.g., an unloading auger) to transfer agricultural material to a storage portion (e.g., a grain cart or wagon), of a receiving vehicle (e.g., a tractor).”) and (Gengerke paragraph 0053 teaches, “the auger drive motors for the unloading auger 216 and the power head (not shown) running, grain will be transferred from the bin into the trailer. When the driver observes on the mobile computer's display screen that his trailer is just about filled, he will send a "close" command to the controller 236 to close the slide gates 227.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 11, A system comprising:
a processor and a memory coupled therewith, the memory storing computer executable instructions that, when executed by the processor, cause the processor to:
determine, automatically, that a first transfer event of a first machine is correlated with a second transfer event of a second machine or container when the first and second transfer events have occurred, or are occurring, within a geometric intersection of projected material flow direction of the first machine, the first transfer event comprising one of a loading or an unloading of a first amount of a bulk material; (Darr paragraph 0131 discloses, “The processor platform 1500 can be, for example, an electronic control module (e.g., a vehicle control module or an engine control module), a server, a personal computer, a mobile device (e.g., a cell phone, a smart phone, a tablet such as an iPad.TM.),” and paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”) And (Gengerke paragraph 0057 teaches, “The ability to compute the weight and volume of subsequent loads once calibration has been done provides great advantage. As one example, when combining a corn or soybean field, the grain trailer is driven through the field at the same speed as the combine to catch the shelled corn being ejected from the combine's output auger. Built into the combine is a GPS system that can transmit precise location data to the receiver in the display computer in the truck's cab. Thus, yield from a known field area can be recorded. Smartphones and other tablet computers contain GPS receiver chips so that the driver's hand-held device can also be used to develop location information.”) and
determine, further based on the determination of the correlation, that the first machine is one of loading or unloading bulk material to/from the second machine or container and the amount of the bulk material transferred there between, a location of the bulk material transferred there between or a combination thereof. (Darr paragraph 0004 discloses, “harvesting machines utilize a spout (e.g., an unloading auger) to transfer agricultural material to a storage portion (e.g., a grain cart or wagon), of a receiving vehicle (e.g., a tractor).”) and (Gengerke paragraph 0059 teaches, “n the case of a grain storage bin of the type shown in FIGS. 8 and 13, it comprises a right circular cylinder 250 capable of storing a volume equal to the area of the base times the height of the grain within the bin which, of course, varies as grain is being added by conveyor and allowed to enter through an opening, usually located at the center of the bin's roof, or when grain is being removed, via a slide gate controlled opening centrally located in the bin floor and leading to an auger conveyor beneath the bin floor as previously described.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 12, The system of claim 11, wherein the first machine comprises a combine and the second machine comprises a grain cart, or wherein the first machine comprises a grain cart and the second machine or container comprises a truck or a grain bin. (Darr paragraph 0004 discloses, “harvesting machines utilize a spout (e.g., an unloading auger) to transfer agricultural material to a storage portion (e.g., a grain cart or wagon), of a receiving vehicle (e.g., a tractor).”) and (Gengerke paragraph 0010 teaches, “that a need exists for a way to monitor the filling of a grain trailer from a position within the truck's cab so that the farmer will know when it is necessary to move the trailer relative to the auger being used to load the trailer hopper(s).”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 13, The system of claim 11, wherein the processor is comprised by a mobile device. (Darr paragraph 0131 discloses, “The processor platform 1500 can be, for example, an electronic control module (e.g., a vehicle control module or an engine control module), a server, a personal computer, a mobile device (e.g., a cell phone, a smart phone, a tablet such as an iPad.TM.),”)
As per claim 14, The system of claim 11, wherein the computer executable instructions are further executable by the processor to cause the processor to determine that the first and second transfer events occurred, or are occurring, within a threshold time of each other, within a threshold distance of each other, at substantially proximate locations, or a combination thereof. (Darr paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”)
As per claim 15, The system of claim 11, wherein the computer executable instructions are further executable by the processor to cause the processor to determine that the amount of the bulk material is within a threshold amount of another amount of bulk material transferred to/from the second machine or container. (Darr paragraph 0062 discloses, “the grain bin monitoring system is calibrated by first loading the bin to its stated capacity and then counting the number of pixels on the display screen associated with a full bin.” and paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”)
As per claim 16, The system of claim 11, wherein the geometric intersection of projected material flow direction is determined based on an intersection of an azimuth vector of the first machine with a location of the second machine or container. (Gengerke paragraph 0032 teaches, “an auger rotation system is configured to sense a spout rotation angle 114 of FIGS. 1A and 2A and/or 116 of FIGS. 1B and 2B and rotate the spout 112 to change the relative position of a spout end 118 of the spout 112 with respect to a container perimeter 120 of the storage portion 106 of the container 108.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 17, The system of claim 16, wherein the azimuth vector is determined using a magnetometer affixed to the first machine. (Gengerke paragraph 0097 teaches, “An inertial sensor 358 may have one or more accelerometers, gyroscopes or other inertial devices coupled to the vehicle data bus 304 or the implement data bus 402.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 18, The system of claim 16, wherein the azimuth vector is determined based on a direction of material flow of a conveyance device of the first machine. (Darr paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”) and (Gengerke paragraph 0032 teaches, “an auger rotation system is configured to sense a spout rotation angle 114 of FIGS. 1A and 2A and/or 116 of FIGS. 1B and 2B and rotate the spout 112 to change the relative position of a spout end 118 of the spout 112 with respect to a container perimeter 120 of the storage portion 106 of the container 108.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 19, The system of claim 18, wherein the conveyance device comprises one of a conveyor or auger. (Gengerke paragraph 0032 teaches, “an auger rotation system is configured to sense a spout rotation angle 114 of FIGS. 1A and 2A and/or 116 of FIGS. 1B and 2B and rotate the spout 112 to change the relative position of a spout end 118 of the spout 112 with respect to a container perimeter 120 of the storage portion 106 of the container 108.” And paragraph 0059 teaches, “varies as grain is being added by conveyor and allowed to enter through an opening, usually located at the center of the bin's roof, or when grain is being removed, via a slide gate controlled opening centrally located in the bin floor and leading to an auger conveyor beneath the bin floor as previously described.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 20, The system of claim 11, wherein the computer executable instructions are further executable by the processor to cause the processor to distinguish the first and second transfer events from third and fourth transfer events comprising a third machine one of loading or unloading to/from a fourth machine or container when a geometric intersection of projected material flow direction of the third machine is different from the geometric intersection of projected material flow direction of the first machine. (Darr paragraph 0004 discloses, “harvesting machines utilize a spout (e.g., an unloading auger) to transfer agricultural material to a storage portion (e.g., a grain cart or wagon), of a receiving vehicle (e.g., a tractor).”) and (Gengerke paragraph 0053 teaches, “the auger drive motors for the unloading auger 216 and the power head (not shown) running, grain will be transferred from the bin into the trailer. When the driver observes on the mobile computer's display screen that his trailer is just about filled, he will send a "close" command to the controller 236 to close the slide gates 227.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
As per claim 21, A system comprising:
means for determining, automatically, that a first transfer event of a first machine is correlated with a second transfer event of a second machine or container when the first and second transfer events have occurred, or are occurring, within a geometric intersection of projected material flow direction of the first machine, the first transfer event comprising one of a loading or an unloading of a first amount of a bulk material; (Darr paragraph 0131 discloses, “The processor platform 1500 can be, for example, an electronic control module (e.g., a vehicle control module or an engine control module), a server, a personal computer, a mobile device (e.g., a cell phone, a smart phone, a tablet such as an iPad.TM.),” and paragraph 0130 discloses, “the image processing module 302 may estimate the change in fill level in an area to which material is being transferred by considering the flow rate of the material being transferred and the amount of transfer time. The volumetric flow rate of the unloading auger of many combines is known. Depending on the model of the combine, material transfer may occur at a rate of 4-6 bushels per second. Typically, self-propelled forage harvesters have a mass flow sensor on the spout that measures the mass flow rate of material that is transferred to a receiving vehicle 102.”) And (Gengerke paragraph 0057 teaches, “The ability to compute the weight and volume of subsequent loads once calibration has been done provides great advantage. As one example, when combining a corn or soybean field, the grain trailer is driven through the field at the same speed as the combine to catch the shelled corn being ejected from the combine's output auger. Built into the combine is a GPS system that can transmit precise location data to the receiver in the display computer in the truck's cab. Thus, yield from a known field area can be recorded. Smartphones and other tablet computers contain GPS receiver chips so that the driver's hand-held device can also be used to develop location information.”) and
means for, based on the determination, further determining that the first machine is one of loading or unloading bulk material to/from the second machine or container and the amount of the bulk material transferred there between, a location of the bulk material transferred there between or a combination thereof. (Darr paragraph 0004 discloses, “harvesting machines utilize a spout (e.g., an unloading auger) to transfer agricultural material to a storage portion (e.g., a grain cart or wagon), of a receiving vehicle (e.g., a tractor).”) and (Gengerke paragraph 0059 teaches, “n the case of a grain storage bin of the type shown in FIGS. 8 and 13, it comprises a right circular cylinder 250 capable of storing a volume equal to the area of the base times the height of the grain within the bin which, of course, varies as grain is being added by conveyor and allowed to enter through an opening, usually located at the center of the bin's roof, or when grain is being removed, via a slide gate controlled opening centrally located in the bin floor and leading to an auger conveyor beneath the bin floor as previously described.”)
Darr discloses an artificial intelligence for detecting and filling void areas of agricultural commodity containers. Darr does not disclose a tracking bulk material during loading or unloading process. Gengerke teaches of tracking bulk material during loading or unloading process. Therefore, at the time of filing it would have been obvious to one of ordinary skill in the art to incorporate the teachings of Gengerke et.al. into the invention of Darr. Such incorporation is motivated by the need to prevent overloading.
Conclusion
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/TYLER D PAIGE/Primary Examiner, Art Unit 3664
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