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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/22/2025 and 05/07/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
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.
Claims 1-2, 4, 8-9, 12-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Vandike et al. (US Pre-Granted Publication No. US 2022/0113734 A1 hereinafter “Vandike”) in view of Baumgarten et al. (US Pre-Granted Publication No. US 2016/0235003 A1 hereinafter “Baumgarten”).
Regarding claim 1 Vandike discloses:
A method of calibrating grain loss on an agricultural machine configured to harvest crop in a field, comprising: (Vandike [0024] wherein the system includes a crop harvester) initiating a calibration process of a grain loss monitoring system on the agricultural machine at a location in the field, (Vandike [0062] [0139] wherein the machine includes calibrating the harvester for different zones or for predicted gain loss values based on the locations of the harvester) the grain loss monitoring system comprising a first sensor configured to detect grain loss in a first portion of the agricultural machine (Vandike [0120] [0039-0040] wherein the vehicle includes various grain loss sensors in the separator or the cleaning subsystem) and a second sensor configured to detect grain loss in a second portion of the agricultural machine; (Vandike [0120] [0039-0040] wherein the vehicle includes second sensors to detect the loss either on a left right basis or in a separator and cleaner basis) receiving grain loss sensor signals from the first sensor and the second sensor; (Vandike [0120] [0039-0040] wherein the vehicle includes various grain loss sensors in the separator or the cleaning subsystem where measurements may be kept separate or aggregated) identifying the location in the field by a geographic location sensor; (Vandike [0046] wherein the vehicle determines geographic position of the harvester in the field)
sending a communication to perform a grain loss measurement, (Vandike [0039-0040] [0126] [0139] wherein the losses are determined based on the time or distance travelled or can otherwise be predicted or controlled based on the current or future positions and the detected or predicted grain losses for the region) … determining a grain loss calibration value based on the grain loss sensor signals and the grain loss measurement. (Vandike [0107] [0126] [0139] wherein the grain loss is calibrated for future regions based on measured data, detected or predicted grain loss, and the information from the harvester).
Vandike does not appear to explicitly disclose:
… the communication including the location at which the grain loss measurement is to be performed; receiving the grain loss measurement based on an inspection of grain loss at the location in the field identified by the geographic location sensor;
However, in the same field of endeavor of vehicle controls Baumgarten discloses:
“the communication including the location at which the grain loss measurement is to be performed; receiving the grain loss measurement based on an inspection of grain loss at the location in the field identified by the geographic location sensor;” (Baumgarten [0043] wherein the calibration of the grain losses are based on the location in the field where measurements are taken)
It would have been obvious for one having ordinary skill in the art prior to the effective filing date of the invention to combine the grain loss location measurements of Baumgarten with the system of Vandike with a reasonable expectation of success because one of ordinary skill would have been motivated to make this modification in order to provide an accurate calibration value for the field itself, allowing for approximations for the rest of the positions in a field to be accurate as well (Baumgarten [0043] [0054]).
Regarding claim 2 Vandike in view of Baumgarten disclose all of the limitations of claim 1 and Vandike further discloses:
The method of claim 1, wherein the sending a communication comprises sending geospatial data detected by the geographic location sensor to a mobile device. (Vandike [0044] [0167] [0203] wherein the information used by the harvester includes georeferenced signals including characteristics of the crops or field, crop properties, and machine performance to form a working map, later displayed on the vehicle or other mobile devices).
Regarding claim 4 Vandike in view of Baumgarten disclose all of the limitations of claim 1 and Vandike further discloses:
The method of claim 1, wherein the sending a communication comprises displaying geospatial data detected by the geographic location sensor on a display of an operator interface in the agricultural machine. (Vandike [0044] [0167] [0203] wherein the information used by the harvester includes georeferenced signals including characteristics of the crops or field, crop properties, and machine performance to form a working map, later displayed on the vehicle or other mobile devices).
Regarding claim 8 Vandike in view of Baumgarten discloses all of the limitations of claim 1 and Vandike further discloses:
The method of claim 1, wherein the sending a communication comprises producing a visual marker in the field at the location. (Vandike [0252-0254] [0231] wherein the header height control is connected with the geographic location and predictive control functions to create different harvest heights).
Regarding claim 9 Vandike in view of Baumgarten discloses all of the limitations of claim 8 and Vandike further discloses:
The method of claim 8, wherein the producing a visual marker comprises adjusting a header height of the agricultural machine. (Vandike [0252-0254] [0231] wherein the header height control is connected with the geographic location and predictive control functions to create different harvest heights).
Regarding claim 12 Vandike discloses:
An agricultural machine configured to harvest crop in a field, comprising: (Vandike [0024] wherein the system includes a crop harvester) a control system configured to control the agricultural machine; (Vandike [0033] wherein the harvester is operated by a control system) a grain loss monitoring system in communication with the control system, (Vandike [0062] [0139] wherein the machine includes calibrating the harvester for different zones or for predicted gain loss values based on the locations of the harvester) the grain loss monitoring system comprising a first sensor (Vandike [0120] [0039-0040] wherein the vehicle includes various grain loss sensors in the separator or the cleaning subsystem) and a second sensor, the first sensor configured to detect grain loss in a first portion of the agricultural machine (Vandike [0120] [0039-0040] wherein the vehicle includes various grain loss sensors in the separator or the cleaning subsystem) and the second sensor configured to detect grain loss in a second portion of the agricultural machine; (Vandike [0120] [0039-0040] wherein the vehicle includes second sensors to detect the loss either on a left right basis or in a separator and cleaner basis) and an operator interface disposed in communication with the control system, the operator interface configured to receive instructions from an operator or the control system; (Vandike [0044-0047] wherein the system includes an operator interface to allow for user controls of the harvester) wherein, the control system is configured to: initiate a calibration process of the grain loss monitoring system at a location in the field; (Vandike [0062] wherein the harvesters is calibrated for control zones or other uses for future use) receive grain loss sensor signals from the first sensor and the second sensor; (Vandike [0120] [0039-0040] wherein the vehicle includes various grain loss sensors in the separator or the cleaning subsystem where measurements may be kept separate or aggregated) identify the location in the field by a geographic location sensor; (Vandike [0046] wherein the vehicle determines geographic position of the harvester in the field) send a communication to perform a grain loss measurement, (Vandike [0039-0040] [0126] [0139] wherein the losses are determined based on the time or distance travelled or can otherwise be predicted or controlled based on the current or future positions and the detected or predicted grain losses for the region) … and determine a grain loss calibration value based on the grain loss sensor signals and the grain loss measurement. . (Vandike [0107] [0126] [0139] wherein the grain loss is calibrated for future regions based on measured data, detected or predicted grain loss, and the information from the harvester).
Vandike does not appear to explicitly disclose:
… the communication including the location at which the grain loss measurement is to be performed; receive the grain loss measurement based on an inspection of grain loss at the location in the field;
However, in the same field of endeavor of vehicle controls Baumgarten discloses:
“the communication including the location at which the grain loss measurement is to be performed; receive the grain loss measurement based on an inspection of grain loss at the location in the field;” (Baumgarten [0043] wherein the calibration of the grain losses are based on the location in the field where measurements are taken)
It would have been obvious for one having ordinary skill in the art prior to the effective filing date of the invention to combine the grain loss location measurements of Baumgarten with the system of Vandike with a reasonable expectation of success because one of ordinary skill would have been motivated to make this modification in order to provide an accurate calibration value for the field itself, allowing for approximations for the rest of the positions in a field to be accurate as well (Baumgarten [0043] [0054]).
Regarding claim 13 Vandike in view of Baumgarten discloses all of the limitations of claim 12 and Vandike further discloses:
The agricultural machine of claim 12, wherein the control system is in communication with the geographic location sensor, the control system configured to send geospatial data detected by the geographic location sensor to a mobile device. (Vandike [0044] [0167] [0203] wherein the information used by the harvester includes georeferenced signals including characteristics of the crops or field, crop properties, and machine performance to form a working map, later displayed on the vehicle or other mobile devices).
Regarding claim 14 Vandike in view of Baumgarten disclose all of the limitations of claim 12 and Vandike further discloses:
The agricultural machine of claim 12, wherein the control system is in communication with the geographic location sensor, the control system configured to display the geospatial data on a display of the operator interface. (Vandike [0044] [0167] [0203] wherein the information used by the harvester includes georeferenced signals including characteristics of the crops or field, crop properties, and machine performance to form a working map, later displayed on the vehicle or other mobile devices).
Regarding claim 15 Vandike in view of Baumgarten discloses all of the limitations of claim 12 and Vandike further discloses:
The agricultural machine of claim 12, wherein the control system is configured to controllably adjust a height of a cutting head of the agricultural machine for identifying the location in the field. (Vandike [0252-0254] [0231] wherein the header height control is connected with the geographic location and predictive control functions to create different harvest heights).
Regarding claim 18 Vandike discloses:
A method, comprising: performing a harvesting operation of crop planted in a field by an agricultural machine; initiating a grain loss calibration process by a control system of the agricultural machine at one or more locations in the field; (Vandike [0062] [0139] wherein the machine includes calibrating the harvester for different zones or for predicted gain loss values based on the locations of the harvester) receiving one or more grain loss sensor signals at the one or more locations from a first sensor and a second sensor, (Vandike [0120] [0039-0040] wherein the vehicle includes various grain loss sensors in the separator or the cleaning subsystem where measurements may be kept separate or aggregated) the first sensor detecting grain loss in a first portion of the agricultural machine (Vandike [0120] [0039-0040] wherein the vehicle includes various grain loss sensors in the separator or the cleaning subsystem) and the second sensor detecting grain loss in a second portion of the agricultural machine; (Vandike [0120] [0039-0040] wherein the vehicle includes second sensors to detect the loss either on a left right basis or in a separator and cleaner basis) identifying the one or more locations in the field by a geographic location sensor; (Vandike [0046] wherein the vehicle determines geographic position of the harvester in the field) storing the one or more locations and the one or more grain loss sensor signals by the control system; (Baumgarten [0054] wherein combine data and calibration data for the grain loss information is stored for future use) …
Vandike does not appear to disclose:
… receiving a communication from a remote device, the communication including a grain loss measurement based on an analysis of grain loss at a first location in the field, the first location corresponding to one of the one or more locations; retrieving a first grain loss signal of the one or more grain loss signals corresponding to the first location of the one or more locations stored by the control system; and comparing the first grain loss signal to the grain loss measurement.
However, in the same field of endeavor of vehicle controls Baumgarten discloses”
“receiving a communication from a remote device, the communication including a grain loss measurement based on an analysis of grain loss at a first location in the field, the first location corresponding to one of the one or more locations; (Baumgarten [0043] wherein the calibration of the grain losses are based on the location in the field where measurements are taken)
retrieving a first grain loss signal of the one or more grain loss signals corresponding to the first location of the one or more locations stored by the control system; (Baumgarten [0054] wherein combine data and calibration data for the grain loss information is stored for future use) and comparing the first grain loss signal to the grain loss measurement.” (Baumgarten [0032] wherein the system compares averages and sensor grain loss over a time, based on the time or location/spatial identity).
It would have been obvious for one having ordinary skill in the art prior to the effective filing date of the invention to combine the grain loss location measurements and analysis based on stored information of Baumgarten with the system of Vandike with a reasonable expectation of success because one of ordinary skill would have been motivated to make this modification in order to provide an accurate calibration value for the field itself, allowing for approximations for the rest of the positions in a field to be accurate as well (Baumgarten [0043] [0054]).
Allowable Subject Matter
Claims 3, 5-7, 10-11, 16-17, and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: Prior art fails to disclose or render obvious claims 3, 5-7, 10-11, 16-17, and 19-20 disclosing further limitations on an agricultural vehicle grain loss determination.
Regarding claim 1 the relevant art Vandike in view of Baumgarten discloses an agricultural machine harvesting crops (Vandike [0062] [0139]) with the ability to determine grain loss in various portions of the machine (Vandike [0120] [0039-0040]) based on locations of the machine and the calibrations of current and previous loss (Baumgarten [0054] [0032] [0043]) but fails to disclose obtaining information from another vehicle or device, displaying information related to the vehicle in the field, the calibration location, and the other vehicles, or creating spreader or steering visual markers in the field for grain loss determinations, or determining a factor value for the grain loss. Specifically, the relevant art fails to disclose “wherein the receiving the grain loss measurement comprises receiving the grain loss measurement from the mobile device” or “wherein the sending a communication comprises displaying geospatial data detected by the geographic location sensor on a display of an operator interface in the agricultural machine, the geospatial data including the location in the field where the calibration process is initiated, a second location corresponding to the agricultural vehicle in the field, and a third location corresponding to the second vehicle in the field” or “wherein the producing a visual marker comprises adjusting a spreader width of the agricultural machine to discharge a different width of residue from the agricultural machine” or “wherein the producing a visual marker comprises controlling a position of a steering actuator of the agricultural machine” or “determining a calibration corrective factor as a function of the first grain loss signal and the grain loss measurement; and displaying on an operator interface a corrected grain loss value based on the first grain loss signal and the calibration corrective factor”.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 5,015,997 A discloses a harvest machine indicating grain loss at an instant with a display
US 2026/0191138 A1 discloses a grain loss calibration system for a vehicle based on output calibration and adjustments
US 2022/0361404 A1 discloses a control device determining visual indications of material loading positions during operation
US 2016/0071410 A1 discloses a task operation system for an agricultural vehicle sharing and gathering information from computing devices or various mobile user devices
US 2014/0171161 A1 discloses an optimization system for a combine based on image determination and calibration of the image analysis
US 2009/0088932 A1 discloses a system for setting parameters for a vehicle based on operator influences and set parameters
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle T Johnson whose telephone number is (303)297-4339. The examiner can normally be reached Monday-Thursday 7:00-5:00 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wade Miles can be reached at (571) 270-7777. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE T JOHNSON/Examiner, Art Unit 3656
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