Prosecution Insights
Last updated: August 17, 2026
Application No. 18/978,213

BALER POWER MANAGEMENT

Non-Final OA §103
Filed
Dec 12, 2024
Priority
Apr 26, 2024 — EU 24172594.4 +1 more
Examiner
MILLER, PRESTON JAY
Art Unit
Tech Center
Assignee
Deere & Company
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
37 granted / 68 resolved
-5.6% vs TC avg
Strong +23% interview lift
Without
With
+22.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
20 currently pending
Career history
96
Total Applications
across all art units

Statute-Specific Performance

§101
16.7%
-23.3% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
15.3%
-24.7% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 68 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Examiner Notes 2. The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing 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. The prompt development of a clear issue requires that the replies of the Applicant meet the objections to and rejections of the claims. Applicant should also specifically point out the support for any amendments made to the disclosure (see MPEP §2163.06). Applicant is reminded that the Examiner is entitled to give the Broadest Reasonable Interpretation (BRI) of the language of the claims. Furthermore, the Examiner is not limited to Applicant’s definition which is not specifically set forth in the claims. SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123. 3. Examiner notes that Applicants have used the phrase “and/or” in claim(s) 1-2, 8, 10, 12-13, and 18. The Patent Trial and Appeal Board (PTAB) has held that use of the phrase “and/or” within a claim is not indefinite. According to the PTAB, “and/or” is not wrong, but it’s not preferred verbiage (see Ex Parte Gross, Appeal No. 2011-004811). 4. Nevertheless, during patent examination, the pending claims must be given their broadest reasonable interpretation (BRI) consistent with the specification (see MPEP § 2111; Phillips v. AWH Corp., 415 F.3d 1303, 1316, 75 USPQ2d 1321, 1329 (Fed. Cir. 2005)). Based upon this guidance from the MPEP and the Federal Circuit Court of Appeals, the Examiner interprets the phrase “and/or” under its broadest reasonable interpretation of “or” for purposes of examination of the instant Application. Claim Rejections - 35 USC § 103 5. 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. 6. Claim(s) 1-4, 8-10, 12-16, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over McClure (US-20200323147-A1) in view of Scharf et al. (EP-2929776-A1). In regard to claim 1 , McClure discloses a combination comprising (See at least Figs. 1-4, and [0027]: an agricultural baling system 400 [i.e., a combination] includes the tractor 410 and the baler 10 coupled to the tractor 410): a towing vehicle including a drive train for driving the towing vehicle, and a PTO unit (See at least Figs. 1-4, and [0027]: the tractor 410 [i.e., a towing vehicle] includes a tractor frame 411 that carries an engine 412 and a tractor controller 413. The engine 412 is coupled to one or more wheels 414 carried by the frame 411 to deliver power to the wheels 414 and propel the tractor 410 forward [i.e., including a drive train for driving the towing vehicle], as is known. The baler 10 is coupled to the tractor 410 via the tongue 12, the drive shaft 15, and the coupler (power take-off) 70 [i.e., a PTO unit]); a baler including a pick-up unit for picking up crop from the ground and feeding the crop into a baling unit, wherein the baling unit is configured for receiving the crop from the pick-up unit and for forming the crop into a bale (See at least Figs. 1-4, and [0023]: a pickup 16 [i.e., a pick-up unit], mounted on the chassis 11, includes a plurality of tines 17 movable in a predetermined path to lift crop material from the ground and deliver it rearwardly toward a rotatably mounted floor roll 18 [i.e., picking up crop from the ground and feeding the crop into a baling unit]. A bale forming chamber 20 for forming bales is defined partly by a sledge assembly 30 including a plurality of rollers 31, 32 [i.e., wherein the baling unit is configured for receiving the crop from the pick-up unit and for forming the crop into a bale]); wherein the baling unit can be driven with a first energy value and the pick-up unit can be driven with a second energy value (See at least [0023 & 0028 & 0033]: a pickup 16, mounted on the chassis 11, includes a plurality of tines 17 movable in a predetermined path to lift crop material from the ground and deliver it rearwardly toward a rotatably mounted floor roll 18. The baler 10 includes a baler controller 420. The baler controller 420 is configured to receive a PTO power consumption signal. Examiner notes, the baler uses the available power to run its components. As portrayed by Fig. 1, the pickup 16 is a component of the baler 10. As such, the power that is transferred from the baler 10 to the pickup 16 is the second energy. The first energy is the PTO power consumption minus the transferred power to the pickup 16); a control unit connected to the drive train (See at least Figs. 1-4, and [0027-0028 & 0034]: the tractor 410 includes a tractor frame 411 that carries an engine 412 and a tractor controller 413 [i.e., a control unit]. The baler 10 includes a baler controller 420. The baler controller 420, is integrated with the tractor controller 413); wherein the control unit is configured to receive or determine one of an energy consumption signal or a PTO consumption signal, and to determine a total energy value from the energy consumption signal or the PTO consumption signal (See at least Figs. 1-4, and [0032-0033]: the baler controller 420 is configured to receive a PTO power consumption signal or an available power signal from the tractor controller 413 [i.e., to receive or determine one of an energy consumption signal or a PTO consumption signal], determine a maximum available power based on the received signal [i.e., to determine a total energy value from the energy consumption signal or the PTO consumption signal]. The baler controller 420 is configured to determine the maximum available power by, receiving a PTO power consumption signal, determining a PTO power consumption from the received PTO power consumption signal, and subtracting the PTO power consumption from a maximum tractor power value, which corresponds to a maximum output of the engine 412, to determine the maximum available power. Alternatively, the tractor controller 413 is configured to separately determine the available power based on a power consumption of the tractor 410. The tractor controller 413 is configured to determine the available power based on input from one or more sensors, as is known, and then output the available power signal to the baler controller 420. Regardless of which way is used, the baler controller 420 determines the maximum available power that the baler 10 can utilize to form the bale in the bale forming chamber 20 without exceeding the output of the engine 412); and wherein the control unit is also configured to compare the total energy value with a baler consumption value and (See at least Figs 1-4, and [0034]: After the maximum available power is determined, the baler controller 420, which is integrated with the tractor controller 413, compares the maximum available power to a threshold power [i.e., to compare the total energy value with a baler consumption value], which is a power that is needed by the apron assembly 40 to maintain a density of the bale forming in the bale forming chamber 20 [i.e., baler consumption value]). McClure is silent on to set and/or adjust a driving signal to control a speed of the drive train when the total energy value is different from the baler consumption value. However, Scharf teaches reducing an existing drive speed to a lower speed (greater than zero), if the design of the baler makes it possible to eliminate an overload when operating at a reduced speed. Once the overload has been removed, the drive train is accelerated back to its original drive speed (See at least [0025]). Examiner notes, reducing the speed of the working machine is controlling a speed. An overload occurs when the total energy available to the baler unit is less than the power consumption of the baler unit. As mentioned above, reducing the traveling speed of the working machine eliminates the overload. As such, Scharf teaches setting and/or adjusting a driving signal to control a speed of the drive train when the total energy value is different from the baler consumption value. It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of McClure, by incorporating the teachings of Scharf, with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – working machines, such that the control unit of the agricultural baling system of McClure, outputs a signal for reducing the speed of the tractor when an overload is detected to eliminate the overload. The motivation to modify is that, as acknowledged by Scharf, to provide a baling press which is improved in function while avoiding energy losses as much as possible (See at least [0007]) which one of ordinary skill would have recognized reduces the operation cost by using less fuel. In regard to claim 2 , McClure, as modified by Scharf, teaches the combination set forth in claim 1, wherein the control unit is configured to compare the total energy value with a baler consumption value and to set and/or adjust a density of the bale with an actuating signal if the total energy value is different from the baler consumption value (See at least Figs 1-4, and [0034]: after the maximum available power is determined, the baler controller 420, which is integrated with the tractor controller 413, compares the maximum available power to a threshold power [i.e., to compare the total energy value with a baler consumption value], which is a power that is needed by the apron assembly 40 to maintain a density of the bale forming in the bale forming chamber 20 [i.e., baler consumption value]. When the maximum available power is below the threshold power [i.e., if the total energy value is different from the baler consumption value], indicating that insufficient power is available to maintain operation of the baler 10 at the current settings, the baler controller 420 outputs the control signal [i.e., an actuating signal] to the apron tensioning system to decrease the baling pressure exerted on the forming bale, which decreases the density of the forming bale [i.e., to set and/or adjust a density of the bale], without changing the release size). In regard to claim 3 , McClure, as modified by Scharf, teaches the combination set forth in claim 1, wherein the baler consumption value is equal to the sum of the first and second energy values (See at least [0023 & 0028 & 0033]: a pickup 16, mounted on the chassis 11, includes a plurality of tines 17 movable in a predetermined path to lift crop material from the ground and deliver it rearwardly toward a rotatably mounted floor roll 18. The baler 10 includes a baler controller 420. The baler controller 420 is configured to receive a PTO power consumption signal. Examiner notes, the baler uses the available power to run its components. As portrayed by Fig. 1, the pickup 16 is a component of the baler 10. The power that is transferred from the baler 10 to the pickup 16 is the second energy. The first energy is the PTO power consumption minus the transferred power to the pickup 16. Accordingly, McClure teaches wherein the baler consumption value is equal to the sum of the first and second energy values). In regard to claim 4 , McClure, as modified by Scharf, teaches the combination set forth in claim 1, further comprising a first sensor for capturing the first energy value of the baling unit and for capturing the second energy value of the pick-up unit, wherein the control unit is connected to the first sensor, and the control unit is configured to determine the sum of the first and second energy values using the signal from the first sensor (See at least Fig. 4, and [0033]: the tractor controller 413 is configured to determine the available power [i.e., capturing the first energy value of the baling unit] based on input from one or more sensors [i.e., a first sensor], as is known, and then output the available power signal to the baler controller 420. Examiner notes, as illustrated by Fig. 1, the pickup 16 is a subsystem of the baler 10 and the power for running the baler 10 and pickup 16 is provided via the drive shaft 15. As such, the available power, which is determined by using one or more sensors, is used for running the baler and the pickup. That means, the available energy is the sum the first and second energy values). In regard to claim 8 , McClure, as modified by Scharf, teaches the combination set forth in claim 1, wherein, when the total energy value is different from the baler consumption value, the control unit is configured (See at least [0032]: the controller is configured to output the control signal when the maximum available power is equal to or less than the threshold power [i.e., when the total energy value is different from the baler consumption value]): to set an output size of the fully formed bale, wherein the output size defines when the fully formed bale is output (See at least Fig. 4, and [0029]: the baler controller 420 is configured to set a release size of a fully formed bale 430 [i.e., to set an output size of the fully formed bale] that defines when the fully formed bale is released [i.e., the output size defines when the fully formed bale is output]); to set and/or adjust a speed of the drive train with the driving signal; and/or to set and/or adjust a density of the bale with the actuating signal; and to not change the output size (See at least Figs 1-4, and [0034]: after the maximum available power is determined, the baler controller 420, which is integrated with the tractor controller 413, compares the maximum available power to a threshold power, which is a power that is needed by the apron assembly 40 to maintain a density of the bale forming in the bale forming chamber 20. When the maximum available power is below the threshold power, indicating that insufficient power is available to maintain operation of the baler 10 at the current settings, the baler controller 420 outputs the control signal [i.e., the actuating signal] to the apron tensioning system to decrease the baling pressure exerted on the forming bale, which decreases the density of the forming bale [i.e., to set and/or adjust a density of the bale with the actuating signal], without changing the release size [i.e., to not change the output size]). Further, Scharf teaches reducing an existing drive speed to a lower speed (greater than zero) [i.e., to set and/or adjust a speed of the drive train with the driving signal], if the design of the baler makes it possible to eliminate an overload when operating at a reduced speed. Once the overload has been removed, the drive train is accelerated back to its original drive speed (See at least [0025]). Examiner notes, reducing the speed of the working machine is adjusting a speed of the drive train. It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of McClure, as modified by Scharf, by further incorporating the teachings of Scharf, with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – working machines, such that the control unit of the agricultural baling system of McClure, outputs a signal for reducing or adjusting the speed of the tractor when an overload is detected to eliminate the overload. The motivation to do so is the same as acknowledged by Scharf in regard to claim 1. In regard to claim 9 , McClure, as modified by Scharf, teaches the combination set forth in claim 8, wherein the output size is based on one of a volume of the bale, a diameter of the bale, a radius of the bale, or a mass of the bale, a tension of the baling means, or a distribution of the crop, in particular a lateral distribution of the crop in the swath (See at least Fig. 4, and [0029]: the baler controller 420 is configured to set a release size [i.e., the output size] of a fully formed bale 430 that defines when the fully formed bale is released. The release size is a diameter D [i.e., a diameter of the bale] of the fully formed bale 430). In regard to claim 10 , McClure, as modified by Scharf, teaches the combination set forth in claim 2, wherein the control unit is configured to set and/or adjust, in particular maintain, a density of the bale with a second actuating signal if the first energy value is different from a presently required energy value of the baling unit (See at least Fig. 4, and [0034]: after the maximum available power is determined, the baler controller 420 [i.e., the control unit], which is integrated with the tractor controller 413, compares the maximum available power to a threshold power [i.e., if the first energy value is different from a presently required energy value of the baling unit]. The threshold power is a power that is needed by the apron assembly 40 to maintain a density of the bale forming in the bale forming chamber 20 [i.e., set and/or adjust, in particular maintain, a density of the bale]. The power requirement to maintain the density of the bale generally increases as the forming bale increases in size, and the baler controller 420 is configured to adjust the threshold power, as well as the predetermined power value, at different points in the bale formation. When the maximum available power is below the threshold power, indicating that insufficient power is available to maintain operation of the baler 10 at the current settings, the baler controller 420 outputs the control signal to the apron tensioning system [i.e., a second actuating signal] to decrease the baling pressure exerted on the forming bale, which decreases the density of the forming bale, without changing the release size. Examiner notes, the control signal from the controller 420, to set, adjust or maintain the baler density is the second actuating signal). In regard to claim 12 , McClure discloses a baler for a towing vehicle-baler combination, the baler comprising (See at least Fig. 1, and [0015]: an agricultural baling assembly 100 [i.e., towing vehicle-baler combination] includes an agricultural vehicle 102 and a baler 110 [i.e., a baler]): a pick-up unit for picking up crop from the ground and feeding the crop into a baling unit, wherein the baling unit is configured for receiving the crop from the pick-up unit and for forming the crop into a bale (See at least Figs. 1-4, and [0023]: a pickup 16 [i.e., a pick-up unit], mounted on the chassis 11, includes a plurality of tines 17 movable in a predetermined path to lift crop material from the ground and deliver it rearwardly toward a rotatably mounted floor roll 18 [i.e., picking up crop from the ground and feeding the crop into a baling unit]. A bale forming chamber 20 for forming bales is defined partly by a sledge assembly 30 including a plurality of rollers 31, 32 [i.e., wherein the baling unit is configured for receiving the crop from the pick-up unit and for forming the crop into a bale]); wherein the baling unit can be driven with a first energy value and the pick-up unit can be driven with a second energy value (See at least [0023 & 0028 & 0033]: a pickup 16, mounted on the chassis 11, includes a plurality of tines 17 movable in a predetermined path to lift crop material from the ground and deliver it rearwardly toward a rotatably mounted floor roll 18. The baler 10 includes a baler controller 420. The baler controller 420 is configured to receive a PTO power consumption signal. Examiner notes, the baler uses the available power to run its components. As portrayed by Fig. 1, the pickup 16 is a component of the baler 10. As such, the power that is transferred from the baler 10 to the pickup 16 is the second energy. The first energy is the PTO power consumption minus the transferred power to the pickup 16); a control unit configured for connection to a drive train of a towing vehicle (See at least Figs. 1-4, and [0027-0028 & 0034]: the tractor 410 [i.e., a towing vehicle] includes a tractor frame 411 that carries an engine 412 and a tractor controller 413 [i.e., a control unit]. The baler 10 includes a baler controller 420. The baler controller 420, is integrated with the tractor controller 413); wherein the control unit is configured to receive or determine one of an energy consumption signal or a PTO consumption signal, and to determine a total energy value from the energy consumption signal or the PTO consumption signal (See at least Figs. 1-4, and [0032-0033]: the baler controller 420 is configured to receive a PTO power consumption signal or an available power signal from the tractor controller 413 [i.e., to receive or determine one of an energy consumption signal or a PTO consumption signal], determine a maximum available power based on the received signal [i.e., to determine a total energy value from the energy consumption signal or the PTO consumption signal]. The baler controller 420 is configured to determine the maximum available power by, receiving a PTO power consumption signal, determining a PTO power consumption from the received PTO power consumption signal, and subtracting the PTO power consumption from a maximum tractor power value, which corresponds to a maximum output of the engine 412, to determine the maximum available power. Alternatively, the tractor controller 413 is configured to separately determine the available power based on a power consumption of the tractor 410. The tractor controller 413 is configured to determine the available power based on input from one or more sensors, as is known, and then output the available power signal to the baler controller 420. Regardless of which way is used, the baler controller 420 determines the maximum available power that the baler 10 can utilize to form the bale in the bale forming chamber 20 without exceeding the output of the engine 412); and wherein the control unit is also configured to compare the total energy value with a baler consumption value and (See at least Figs 1-4, and [0034]: After the maximum available power is determined, the baler controller 420, which is integrated with the tractor controller 413, compares the maximum available power to a threshold power [i.e., to compare the total energy value with a baler consumption value], which is a power that is needed by the apron assembly 40 to maintain a density of the bale forming in the bale forming chamber 20 [i.e., baler consumption value]). McClure is silent on to set and/or adjust a driving signal to control a speed of the drive train when the total energy value is different from the baler consumption value. However, Scharf teaches reducing an existing drive speed to a lower speed (greater than zero), if the design of the baler makes it possible to eliminate an overload when operating at a reduced speed. Once the overload has been removed, the drive train is accelerated back to its original drive speed (See at least [0025]). Examiner notes, reducing the speed of the working machine is controlling a speed. An overload occurs when the total energy available to the baler unit is less than the power consumption of the baler unit. As mentioned above, reducing the traveling speed of the working machine eliminates the overload. As such, Scharf teaches setting and/or adjusting a driving signal to control a speed of the drive train when the total energy value is different from the baler consumption value. It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of McClure, by incorporating the teachings of Scharf, with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – working machines, such that the control unit of the agricultural baling system of McClure, outputs a signal for reducing the speed of the tractor when an overload is detected to eliminate the overload. The motivation to do so is the same as acknowledged by Scharf in regard to claim 1. In regard to claim 13 , McClure, as modified by Scharf, teaches the baler set forth in claim 12. Claim 13 recites a baler having substantially the same features of claim 2 above, therefore claim 13 is rejected for the same reasons as claim 2. In regard to claim 14 , McClure, as modified by Scharf, teaches the baler set forth in claim 12. Claim 14 recites a baler having substantially the same features of claim 4 above, therefore claim 14 is rejected for the same reasons as claim 4. In regard to claim 15 , McClure, as modified by Scharf, teaches the baler set forth in claim 12. Claim 15 recites a baler having substantially the same features of claim 5 above, therefore claim 15 is rejected for the same reasons as claim 5. In regard to claim 16 , McClure, as modified by Scharf, teaches the baler set forth in claim 12, further comprising a drive unit which is mechanically connected to the baling unit and the pick-up unit and can be used to drive the baling unit and the pick-up unit (See at least [0024 & 0027]: rollers 31, 32 are driven in a counter-clockwise direction by chains and sprockets or gears, connected to and powered by a power source, such as an engine, via a drive shaft 15 [i.e., a drive unit which is mechanically connected to the baling unit]. The baler 10 is coupled to the tractor 410 via the tongue 12, the drive shaft 15, and the coupler (power take-off) 70. Examiner notes, the coupler (power take-off) 70 drives the baling unit and the pick-up unit. The coupler (power take-off) 70 is mechanically connected to the tractor via a drive shaft). In regard to claim 18 , McClure, as modified by Scharf, teaches the baler set forth in claim 12. Claim 18 recites a baler having substantially the same features of claim 8 above, therefore claim 18 is rejected for the same reasons as claim 8. In regard to claim 19 , McClure, as modified by Scharf, teaches the baler set forth in claim 18. Claim 19 recites a baler having substantially the same features of claim 9 above, therefore claim 19 is rejected for the same reasons as claim 9. 7. Claim(s) 5-7, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over McClure (US-20200323147-A1) in view of Scharf et al. (EP-2929776-A1) and further in view of Rodewald (US-20210127581-A1). In regard to claim 5 , McClure, as modified by Scharf, teaches the combination set forth in claim 1, accordingly the rejection of claim 1 is incorporated. McClure, as modified by Scharf, is silent on further comprising a first sensor for capturing the first energy value of the baling unit and a second sensor for capturing the second energy value of the pick-up unit, wherein the control unit is connected to the first and second sensors, and the control unit is configured to determine the first and second energy values and the sum of the first and second energy values using the signals from the first and second sensors. However, Rodewald teaches the following parts for mechanically rotating parts of the bale forming device are shown in Fig. 2: a feeding-side torque sensor 37 [i.e., a second sensor] which measures the torque T_F [i.e., for capturing the second energy value of the pick-up unit] at the feeding-side output shaft 34, and a forming-side torque sensor 38 [i.e., a first sensor] which measures the torque T_C [i.e., for capturing the first energy value of the baling unit] at the forming-side output shaft 35, and a baler control unit (job controller) 40 [i.e., the control unit]. The torque T_I applied onto the input shaft 31 is automatically calculated by using signals T_C, T_F from both torque sensors 37 and 38 [i.e., determine the first and second energy values and the sum of the first and second energy values using the signals from the first and second sensors] (See at least Fig. 2, and [0090-0099 & 0103]). Examiner notes, as portrayed by Fig. 2, the feeding-side torque sensor 37 and the forming-side torque sensor 38 are connected to the control unit 40. The feeding side is the pickup unit and the forming side is the baling unit. As portrayed by Fig. 2, the pickup and baling units are powered by the input shaft 31. Accordingly, the sum of the torque TF and the torque TC provides the total energy (T_I) provided to the baler. It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of McClure, as modified by Scharf, by incorporating the teachings of Rodewald, with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – bale forming apparatus, such that a forming-side torque sensor and a feeding-side torque sensor are used to capture the first and second energy and then the control unit uses the captured first and second energy to calculate the torque applied onto the input shaft. The motivation to modify is that, as acknowledged by Rodewald, to reduce the risk that an abrupt interruption of rotating the shaft for the bale forming device causes damage to this shaft (See at least [0005]) which one of ordinary skill would have recognized allows the bale forming device to stay operational and last longer. In regard to claim 6 , McClure, as modified by Scharf and Rodewald, teaches the combination set forth in claim 5, further comprising a drive unit which is mechanically connected to the baling unit and the pick-up unit and can be used to drive the baling unit and the pick-up unit (See at least [0024 & 0027]: rollers 31, 32 are driven in a counter-clockwise direction by chains and sprockets or gears, connected to and powered by a power source, such as an engine, via a drive shaft 15 [i.e., a drive unit which is mechanically connected to the baling unit]. The baler 10 is coupled to the tractor 410 via the tongue 12, the drive shaft 15, and the coupler (power take-off) 70. Examiner notes, the coupler (power take-off) 70 drives the baling unit and the pick-up unit. The coupler (power take-off) 70 is mechanically connected to the tractor via a drive shaft). In regard to claim 7 , McClure, as modified by Scharf and Rodewald, teaches the combination set forth in claim 6, wherein the first energy value can be determined with the first sensor on a first drive shaft of the drive unit and the second energy value can be determined with the second sensor on a second drive shaft of the drive unit, or the sum of the first and second energy values can be determined with the first sensor on an output shaft or a transmission unit of the drive unit. Further, Rodewald teaches the following parts for mechanically rotating parts of the bale forming device are shown in Fig. 2: a feeding-side torque sensor 37 which measures the torque T_F at the feeding-side output shaft 34 [i.e., a second drive shaft of the drive unit], and a forming-side torque sensor 38 which measures the torque T_C at the forming-side output shaft 35 [i.e., a first drive shaft of the drive unit], and a baler control unit (job controller) 40. The torque T_I applied onto the input shaft 31 is automatically calculated by using signals T_C, T_F from both torque sensors 37 and 38 (See at least Fig. 2, and [0090-0099 & 0103]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of McClure, as modified by Scharf and Rodewald, by further incorporating the teachings of Rodewald, with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – bale forming apparatus, such that the first sensor is on a first drive shaft of the drive unit and the second sensor is on a second drive shaft of the drive unit and the first and second sensor measure the torque at the feeding and forming sides. The motivation to do so is the same as acknowledged by Rodewald in regard to claim 5. In regard to claim 17 , McClure, as modified by Scharf, teaches the baler set forth in claim 16, accordingly the rejection of claim 16 is incorporated. McClure, as modified by Scharf, is silent on wherein the first energy value can be determined with the first sensor on a first drive shaft of the drive unit and the second energy value can be determined with the second sensor on a second drive shaft of the drive unit, or the sum of the first and second energy values can be determined with the first sensor on an output shaft or a transmission unit of the drive unit. However, Rodewald teaches the following parts for mechanically rotating parts of the bale forming device are shown in Fig. 2: a feeding-side torque sensor 37 [i.e., a second sensor] which measures the torque T_F [i.e., for capturing the second energy value of the pick-up unit] at the feeding-side output shaft 34 [i.e., a second drive shaft of the drive unit], and a forming-side torque sensor 38 [i.e., a first sensor] which measures the torque T_C [i.e., for capturing the first energy value of the baling unit] at the forming-side output shaft 35 [i.e., a first drive shaft of the drive unit], and a baler control unit (job controller) 40 [i.e., the control unit]. The torque T_I applied onto the input shaft 31 is automatically calculated by using signals T_C, T_F from both torque sensors 37 and 38 [i.e., determine the first and second energy values and the sum of the first and second energy values using the signals from the first and second sensors] (See at least Fig. 2, and [0090-0099 & 0103]). Examiner notes, as portrayed by Fig. 2, the feeding-side torque sensor 37 and the forming-side torque sensor 38 are connected to the control unit 40. The feeding side is the pickup unit and the forming side is the baling unit. As portrayed by Fig. 2, the pickup and baling units are powered by the input shaft 31. Accordingly, the sum of the torque TF and the torque TC provides the total energy (T_I) provided to the baler. It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of McClure, as modified by Scharf, by incorporating the teachings of Rodewald, with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – bale forming apparatus, such that a forming-side torque sensor and a feeding-side torque sensor are used to capture the first and second energy and then the control unit uses the captured first and second energy to calculate the torque applied onto the input shaft and the first sensor is on a first drive shaft of the drive unit and the second sensor is on a second drive shaft of the drive unit. The motivation to do so is the same as acknowledged by Rodewald in regard to claim 5. 8. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over McClure (US-20200323147-A1) in view of Scharf et al. (EP-2929776-A1) and further in view of Liu et al. (WO-2023116039-A1). In regard to claim 11 , McClure, as modified by Scharf, teaches the combination set forth in claim 1, wherein the control unit is configured to control an input and output unit based on the driving signal, (See at least Fig. 4, and [0037]: the baler controller 420 sets the release size as a release mass based on signals from the operator interface 415 [i.e., an input unit], with the operator inputting the desired mass at which the formed bale should be released. The baler controller 420 is further configured to determine a mass of the bale forming in the bale forming chamber 20 based on the received bale mass signal, compare the mass of the forming bale to the set release mass, and output a release signal [i.e., an output unit] to the bale release 19 when the mass of the forming bale is equal to the set release mass so the bale release 19 releases the bale.). McClure, as modified by Scharf, is silent on with the result that the input and output unit signals to the operator to change a speed of the towing vehicle. However, Liu teaches the controller 107 determines whether the rotation speed is within the normal range through the program. If it is lower than the normal value, it means that the amount of hay bale fed exceeds the maximum design value. The system cannot feed hay in time, so it will alarm on the display screen and prompt the driver to reduce the driving speed [i.e., signals to the operator to change a speed of the towing vehicle] to reduce the amount of hay bale fed. (See at least [0058]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of McClure, as modified by Scharf, by incorporating the teachings of Liu, with a reasonable expectation of success, as both inventions are directed to the same field of endeavor – baler machines, such that an input and output unit is used to display a message and prompt the driver to change the driving speed of the tractor. The motivation to modify is that, as acknowledged by Liu, to make the pickup process safer and more reliable (See at least [0058]) which one of ordinary skill would have recognized improves the efficiency of the baler. Conclusion 9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Naaktgeboren et al. (GB-2362127-A) teaches a method and apparatus for controlling a tractor/baler combination. 10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Preston J Miller whose telephone number is (703)756-1582. The examiner can normally be reached Monday through Friday 7:30 AM - 4:30 PM EST. 11. 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. 12. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramya P Burgess can be reached at (571) 272-6011. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 13. 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. /P.J.M./Examiner, Art Unit 3661 /MATTHIAS S WEISFELD/Examiner, Art Unit 3661
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Prosecution Timeline

Dec 12, 2024
Application Filed
Jul 17, 2026
Non-Final Rejection mailed — §103 (current)

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Expected OA Rounds
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2y 12m (~1y 3m remaining)
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