Prosecution Insights
Last updated: August 17, 2026
Application No. 18/973,361

VARIABLE PICKUP SPEED CONTROL FOR CONTROLLING SHAPE OF A ROUND BALE

Non-Final OA §103
Filed
Dec 09, 2024
Priority
Dec 11, 2023 — provisional 63/608,367
Examiner
TRIVEDI, ATUL
Art Unit
Tech Center
Assignee
CNH Industrial N.V.
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
794 granted / 871 resolved
+31.2% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
28 currently pending
Career history
890
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
66.1%
+26.1% vs TC avg
§102
8.6%
-31.4% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 871 resolved cases

Office Action

§103
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 § 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. Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Reijersen van Buuren, US 2019/0053434 A1, in view of Olander, et al., US 2020/0215918 A1. As per Claim 1, Reijersen van Buuren teaches an agricultural baler (¶¶ 134-135; baler 1 of Figures 1, 2, 3 and 4) comprising: a pickup unit comprising at least one rotatable reel for introducing crop material into a baling chamber of the baler (¶ 149; starter roller 8.2 of Figures 2, 3 and 4); and a variable speed drive system for rotating the at least one reel (¶ 252; “pick-up drum drive”). Reijersen van Buuren does not expressly teach: a sensor for sensing a shape of a bale being formed within the baling chamber of the baler; and a controller for adjusting a shape of the bale based upon the sensed shape of the bale by adjusting a speed of the variable speed drive system. Olander teaches: a sensor for sensing a shape of a bale being formed within the baling chamber of the baler (¶ 83); and a controller for adjusting a shape of the bale based upon the sensed shape of the bale by adjusting a speed of the variable speed drive system (¶ 148). At the time of the invention, a person of skill in the art would have thought it obvious to combine the baler of Reijersen van Buuren with the sensor system of Olander, in order to present more consistent and uniform bale sizes and weights for transit and delivery. As per Claim 2, Reijersen van Buuren teaches that the at least one rotatable reel comprises two independently rotatable reels disposed side-by-side across the baler (¶ 149; starter rollers 8.1 and 8.2 of Figures 2, 3 and 4). Reijersen van Buuren does not expressly teach that the variable speed drive system comprises (i) a first variable speed drive for rotating one reel of the two independently rotatable reels at a first speed, and (ii) a second variable speed drive for rotating the other reel of the two independently rotatable reels at a second speed that differs from the first speed. Olander teaches that the variable speed drive system comprises (i) a first variable speed drive for rotating one reel of the two independently rotatable reels at a first speed, and (ii) a second variable speed drive for rotating the other reel of the two independently rotatable reels at a second speed that differs from the first speed (¶¶ 138-139). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 3, Reijersen van Buuren does not expressly teach that the variable speed drive system is configured to drive the first and second variable speed drives at different speeds when the sensor senses that the shape of the bale is uneven across a width of the bale. Olander teaches that the variable speed drive system is configured to drive the first and second variable speed drives at different speeds (¶ 139; based on “the brake switch of the baler’s 10 flywheel 74” as in Figure 1) when the sensor senses that the shape of the bale is uneven across a width of the bale (¶ 148). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 4, Reijersen van Buuren does not expressly teach that the controller is configured to adjust the speed of the variable speed drive system for a pre-determined period of time in order to increase the volume of crop at a pre-determined circumferential point on the bale in order to yield a circular bale. Olander teaches that the controller is configured to adjust the speed of the variable speed drive system for a pre-determined period of time (¶ 119) in order to increase the volume of crop at a pre-determined circumferential point on the bale in order to yield a circular bale (¶ 3; “e.g., square or round-shaped bales”). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 5, Reijersen van Buuren does not expressly teach that the controller is configured to adjust the speed of the variable speed drive system for multiple pre-determined periods of time in order to increase the volume of crop at multiple respective pre-determined circumferential points on the bale in order to yield a non-circular bale. Olander teaches that the controller is configured to adjust the speed of the variable speed drive system for multiple pre-determined periods of time (¶ 139; based on “the brake switch of the baler’s 10 flywheel 74” as in Figure 1) in order to increase the volume of crop at multiple respective pre-determined circumferential points on the bale (¶ 140) in order to yield a non-circular bale (¶ 3; “e.g., square or round-shaped bales”). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 6, Reijersen van Buuren teach that the variable speed drive system comprises a hydraulic motor having an output shaft that is connected to an input shaft of the reel for rotation of the reel (¶ 10; “by means of further hydraulic cylinders (not shown)”). As per Claim 7, Reijersen van Buuren teaches that the hydraulic motor is fluidly connected to a fluid distributor that is configured to be fluidly connected to a pump on a tractor for driving the baler (¶¶ 164-166). As per Claim 8, Reijersen van Buuren does not expressly teach one or more sensors for measuring a hydraulic pressure of a fluid within a hydraulic circuit to which the hydraulic motor is connected. Olander teaches one or more sensors for measuring a hydraulic pressure of a fluid within a hydraulic circuit to which the hydraulic motor is connected (¶ 137). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 9, Reijersen van Buuren does not expressly teach a controller for calculating a value indicative of an amount of crop entering the baler at the pickup unit based on the measured hydraulic pressure. Olander teaches a controller for calculating a value indicative of an amount of crop entering the baler at the pickup unit based on the measured hydraulic pressure (¶¶ 152-153). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 10, Reijersen van Buuren does not expressly teach that the controller is configured to adjust a speed of the variable speed drive system as a function of the calculated value. Olander teaches that the controller is configured to adjust a speed of the variable speed drive system as a function of the calculated value (¶ 143; “to input a desired range for one or more of the parameters directly by touching the electronic display 310” of Figure 36). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 11, Reijersen van Buuren does not expressly teach that the variable speed drive system comprises an electric motor having an output shaft that is connected to an input shaft of the reel for rotation of the reel. Olander teaches that the variable speed drive system comprises an electric motor (¶ 159) having an output shaft that is connected to an input shaft of the reel for rotation of the reel (¶¶ 69-70; drive shaft sections 76 and 78 of Figures 9 and 10). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 12, Reijersen van Buuren does not expressly teach that the electric motor is configured to be electrically connected to an electrical port on a tractor for driving the baler. Olander teaches that the electric motor is configured to be electrically connected to an electrical port on a tractor for driving the baler (¶ 115; through “electric power sources”). As per Claim 13, Reijersen van Buuren does not expressly teach that the vehicle includes a sensor for measuring a current draw of the electric motor. Olander teaches that the vehicle includes a sensor for measuring a current draw of the electric motor (¶ 83; “electronic measuring assemblies that may include electrical and/or electro-mechanical components”). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. As per Claim 14, Reijersen van Buuren does not expressly teach a controller for calculating a value indicative of an amount of crop entering the baler at the pickup unit based on the measured current draw. Olander teaches a controller for calculating a value indicative of an amount of crop entering the baler at the pickup unit based on the measured current draw (¶ 137; “weight sensors (i.e., scales)”). See Claim 1 above for the rationale based on obviousness, motivations and reasons to combine. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ATUL TRIVEDI whose telephone number is (313)446-4908. The examiner can normally be reached Mon-Fri; 9:00 AM-5:00 PM EST. 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, Peter 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. 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. ATUL TRIVEDI Primary Examiner Art Unit 3661 /ATUL TRIVEDI/Primary Examiner, Art Unit 3661
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Prosecution Timeline

Dec 09, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §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
91%
Grant Probability
99%
With Interview (+9.0%)
1y 11m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 871 resolved cases by this examiner. Grant probability derived from career allowance rate.

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