DETAILED ACTION
This non-final Office action is responsive to the application filed February 4th, 2025. Claims 1-19 are presented for examination.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/06/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: paragraphs [0006, 0008, 0010, 0017, 0035, 0037-0040, and 0043] recite the term “utilise” or “utilising” which are typographical errors that should recite “utilize” or “utilizing”.
Appropriate correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities: line 3 recites "utilsing" which is a typographical error that should recite "utilizing". Appropriate correction is required.
Claim 4 is objected to because of the following informalities: line 1 recites “utilising” which is a typographical error that should recite “utilizing”. Appropriate correction is required.
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 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter;
When considering subject matter eligibility under 35 U.S.C. 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter. If the claim does fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea), and if so, it must additionally be determined whether the claim is a patent-eligible application of the exception. If an abstract idea is present in the claim, any element or combination of elements in the claim must be sufficient to ensure that the claim amounts to significantly more than the abstract idea itself.
Claims 1-18
Step 1: Independent claims 1 (method) and dependent claims 2-18, respectively, fall within at least one of the four statutory categories of 35 U.S.C. 101: (i) process; (ii) machine; (iii) manufacture; or (iv) composition of matter. Claim 1 is directed to a method (i.e. process).
Step 2A Prong 1: The independent claim recites planning an agricultural operation associated with an agricultural working environment, the method comprising: receiving location data indicative of a relative location of the working environment with respect to a control location; estimating a travel time for one or more support machines between the working environment and the control location; estimating a processing time associated with the control location; estimating a working time for a working machine in the working environment; determining a suggested number of support machines for the agricultural operation in dependence on the travel time, the processing time and the working time; and generating an operational plan for the agricultural operation in dependence the determined suggested number of support machines (Certain Method of Organizing Human Activity & Mental Process), which are considered to be abstract ideas (See PEG 2019 and MPEP 2106.05). [Examiner notes the underlined limitations above recite the abstract idea].
The steps/functions disclosed above and in the independent claims recite the abstract idea of Certain Methods of Organizing Human Activity because the claimed limitations are planning an agricultural operation by determining a suggested number of support machines for the agricultural operation and generating an operational plan for the agricultural operation, which is managing personal behavior. The Applicant’s claimed limitations are planning an agricultural operation, which recite the abstract idea of Organizing Human Activity.
The steps/functions disclosed above and in the independent claims recite the abstract idea of Mental Process because the claimed limitations are planning an agricultural operation by: estimating a travel time of support machines between the working environment and the control location; estimating a processing time associated with the control location; estimating a working time for a working machine in the working environment; determining a suggested number of support machines for the agricultural operation; and generating an operational plan for the agricultural operation, which functions of the human mind in the form of observation, judgment, and evaluation. The Applicant’s claimed limitations are planning an agricultural operation, which recite the abstract idea of Mental Process.
In addition, dependent claims 3-13 and 15 further narrow the abstract idea and recite further defining the estimated travel time; processing time; crop processing time; working time; the suggested number of support machines; the operational plan comprising a route plan; controlling operation of one or more operable components associated with one or more of the working machine(s), the support machine(s) and/or the control location in dependence on the operational plan. These processes are similar to the abstract idea noted in the independent claims because they further the limitations of the independent claims which recite a certain method of organizing human activity which include managing personal behavior as well as mental processes. Accordingly, these claim elements do not serve to confer subject matter eligibility to the claims since they recite abstract ideas. Dependent claims 2, 14, and 16-18 will be discussed in Prong 2 analysis below.
Step 2A Prong 2: In this application, the above “receiving location data indicative of a relative location of the working environment with respect to a control location” steps/functions of the independent claims would not account for additional elements that integrate the judicial exception (e.g. abstract idea) into a practical application because receiving/storing data and displaying data merely add insignificant extra-solution activity and merely adds the words to apply it with the judicial exception. Also, the claimed “A computer” would not account for additional elements that integrate the judicial exception (e.g. abstract idea) into a practical application because the claimed structure merely adds the words to apply it with the judicial exception and mere instructions to implement an abstract idea on a computer (See PEG 2019 and MPEP 2106.05).
In addition, dependent claims 3-13 and 15 further narrow the abstract idea and dependent claims 2, 14, and 16-18 additionally recite “wherein the location data comprises a travel distance between the working environment and the control location”; “the agricultural operation comprises a harvesting operation; the working machine comprises a harvesting machine; the one or more support machines comprise a grain cart or forage wagon; the working environment comprises a field having crop material growing therein; and the control location comprises a depot where cut and/or harvested crop material from the working environment is transported by the one or more support machines”; “comprising controlling operation of a user interface for providing a graphical representation of the operational plan”; “receiving a user input relating to the operational plan” which do not account for additional elements that integrate the judicial exception (e.g. abstract idea) into a practical application because receiving/storing data and displaying data merely add insignificant extra-solution activity and the claimed “user interface; display terminal; mobile device; user terminal” which do not account for additional elements that integrate the judicial exception (e.g. abstract idea) into a practical application because the claimed structure merely adds the words to apply it with the judicial exception and mere instructions to implement an abstract idea on a computer (See PEG 2019 and MPEP 2106.05).
The claimed “A computer” are recited so generically (no details whatsoever are provided other than that they are general purpose computing components and regular office supplies) that they represent no more than mere instructions to apply the judicial exception on a computer. These limitations can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of a computer. Even when viewed in combination, the additional elements in the claims do no more than use the computer components as a tool. There is no change to the computers and other technology that is recited in the claim, and thus the claims do not improve computer functionality or other technology (See PEG 2019).
Step 2B: When analyzing the additional element(s) and/or combination of elements in the claim(s) other than the abstract idea per se the claim limitations amount(s) to no more than: a general link of the use of an abstract idea to a particular technological environment and merely amounts to the application or instructions to apply the abstract idea on a computer (See MPEP 2106.05 and PEG 2019). Further, method claims 1-18; recite “A computer”; however, these elements merely facilitate the claimed functions at a high level of generality and they perform conventional functions and are considered to be general purpose computer components which is supported by Applicant’s specification in Paragraphs 0034 and 0046 and Figures 1-2. The Applicant’s claimed additional elements are mere instructions to implement the abstract idea on a general purpose computer and generally link of the use of an abstract idea to a particular technological environment. Also, the above “receiving location data indicative of a relative location of the working environment with respect to a control location” steps/functions of the independent claims would not account for significantly more than the abstract idea because receiving data and displaying/presenting data (See MPEP 2106.05) have been identified as well-known, routine, and conventional steps/functions to one of ordinary skill in the art. When viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
In addition, claims 3-13 and 15 further narrow the abstract idea identified in the independent claims. The Examiner notes that the dependent claims merely further define the data being analyzed and how the data is being analyzed. Similarly, claims 2, 14, and 16-18 additionally recite “wherein the location data comprises a travel distance between the working environment and the control location”; “the agricultural operation comprises a harvesting operation; the working machine comprises a harvesting machine; the one or more support machines comprise a grain cart or forage wagon; the working environment comprises a field having crop material growing therein; and the control location comprises a depot where cut and/or harvested crop material from the working environment is transported by the one or more support machines”; “comprising controlling operation of a user interface for providing a graphical representation of the operational plan”; “receiving a user input relating to the operational plan” which do not account for additional elements that amount to significantly more than the abstract idea because receiving data and displaying/presenting data (See MPEP 2106.05) have been identified as well-known, routine, and conventional steps/functions to one of ordinary skill in the art and the claimed “user interface; display terminal; mobile device; user terminal” which do not account for additional elements that amount to significantly more than the abstract idea because the claimed structure merely amounts to the application or instructions to apply the abstract idea on a computer and does not move beyond a general link of the use of an abstract idea to a particular technological environment (See MPEP 2106.05). The additional limitations of the independent and dependent claim(s) when considered individually and as an ordered combination do not amount to significantly more than the abstract idea. The examiner has considered the dependent claims in a full analysis including the additional limitations individually and in combination as analyzed in the independent claim(s). Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim 19
Step 1: Independent claim 19 (system), respectively, falls within at least one of the four statutory categories of 35 U.S.C. 101: (i) process; (ii) machine; (iii) manufacture; or (iv) composition of matter. Claim 19 is directed to a system (i.e. machine).
Step 2A Prong 1: The independent claims recite planning an agricultural operation associated with an agricultural working environment, the control system comprising one or more controllers which are collectively configured to: receive location data indicative of a relative location of the working environment with respect to a control location; estimate a travel time for one or more support machines between the working environment and the control location; estimate a processing time associated with the control location; estimate a working time for a working machine in the working environment; determine a suggested number of support machines for the agricultural operation in dependence on the travel time, the processing time and the working time; generate an operational plan for the agricultural operation in dependence the determined suggested number of support machines; and generate and output one or more control signals for controlling operation of one or more operational components associated with the agricultural operation in dependence on the generated operational plan (Certain Method of Organizing Human Activity & Mental Process), which are considered to be abstract ideas (See PEG 2019 and MPEP 2106.05). [Examiner notes the underlined limitations above recite the abstract idea].
The steps/functions disclosed above and in the independent claims recite the abstract idea of Certain Methods of Organizing Human Activity because the claimed limitations are planning an agricultural operation by determining a suggested number of support machines for the agricultural operation; generating an operational plan for the agricultural operation; and generating one or more control signals for controlling operation of the operational components associated with the agricultural operation, which is managing personal behavior. The Applicant’s claimed limitations are planning an agricultural operation, which recite the abstract idea of Organizing Human Activity.
The steps/functions disclosed above and in the independent claims recite the abstract idea of Mental Process because the claimed limitations are planning an agricultural operation by: estimating a travel time of support machines between the working environment and the control location; estimating a processing time associated with the control location; estimating a working time for a working machine in the working environment; determining a suggested number of support machines for the agricultural operation; generating an operational plan for the agricultural operation; and generating one or more control signals for controlling operation of the operational components associated with the agricultural operation, which functions of the human mind in the form of observation, judgment, and evaluation. The Applicant’s claimed limitations are planning an agricultural operation, which recite the abstract idea of Mental Process.
Step 2A Prong 2: In this application, the above “receive location data indicative of a relative location of the working environment with respect to a control location; output one or more control signals for controlling operation of one or more operational components associated with the agricultural operation in dependence on the generated operational plan” steps/functions of the independent claims would not account for additional elements that integrate the judicial exception (e.g. abstract idea) into a practical application because receiving/storing data and displaying data merely add insignificant extra-solution activity and merely adds the words to apply it with the judicial exception. Also, the claimed “A control system for planning an agricultural operation associated with an agricultural working environment, the control system comprising one or more controllers which are collectively configured; one or more operational components associated with the agricultural operation” would not account for additional elements that integrate the judicial exception (e.g. abstract idea) into a practical application because the claimed structure merely adds the words to apply it with the judicial exception and mere instructions to implement an abstract idea on a computer (See PEG 2019 and MPEP 2106.05).
The claimed “A control system for planning an agricultural operation associated with an agricultural working environment, the control system comprising one or more controllers which are collectively configured; one or more operational components associated with the agricultural operation” are recited so generically (no details whatsoever are provided other than that they are general purpose computing components and regular office supplies) that they represent no more than mere instructions to apply the judicial exception on a computer. These limitations can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of a computer. Even when viewed in combination, the additional elements in the claims do no more than use the computer components as a tool. There is no change to the computers and other technology that is recited in the claim, and thus the claims do not improve computer functionality or other technology (See PEG 2019).
Step 2B: When analyzing the additional element(s) and/or combination of elements in the claim(s) other than the abstract idea per se the claim limitations amount(s) to no more than: a general link of the use of an abstract idea to a particular technological environment and merely amounts to the application or instructions to apply the abstract idea on a computer (See MPEP 2106.05 and PEG 2019). Further, system claim 19 recites “A control system for planning an agricultural operation associated with an agricultural working environment, the control system comprising one or more controllers which are collectively configured; one or more operational components associated with the agricultural operation”; however, these elements merely facilitate the claimed functions at a high level of generality and they perform conventional functions and are considered to be general purpose computer components which is supported by Applicant’s specification in Paragraphs 0034 and 0046 and Figures 1-2. The Applicant’s claimed additional elements are mere instructions to implement the abstract idea on a general purpose computer and generally link of the use of an abstract idea to a particular technological environment. Also, the above “receive location data indicative of a relative location of the working environment with respect to a control location; output one or more control signals for controlling operation of one or more operational components associated with the agricultural operation in dependence on the generated operational plan” steps/functions of the independent claims would not account for significantly more than the abstract idea because receiving data and displaying/presenting data (See MPEP 2106.05) have been identified as well-known, routine, and conventional steps/functions to one of ordinary skill in the art. When viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself.
The additional limitations of the independent claim(s) when considered individually and as an ordered combination do not amount to significantly more than the abstract idea. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 and 10-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hunsaker (U.S 2018/0374009 A1).
Claim 1
Regarding Claim 1, Hunsaker discloses the following:
A computer implemented method for planning an agricultural operation associated with an agricultural working environment, the method comprising [see at least Paragraph 0014 for reference to present disclosure relates to computer systems, computer-implemented methods, and computer hardware storage devices configured to provide a platform for managing agricultural operations and assets; FIG. 22 and related text regarding a method for coordinating agricultural equipment assets in an agricultural harvesting operation through the use of dispatch controls; FIG. 24 and related text regarding a method for rendering locations of harvested agricultural produce in an agricultural harvesting operation]
receiving location data indicative of a relative location of the working environment with respect to a control location [see at least Paragraph 0032 for reference to a geolocation mapping module 125 a configured to map the location of registered vehicles; Paragraph 0034 for reference to in a typical harvesting operation, a harvester working a field will offload harvested produce to loading trucks, which then transport the harvested produce from the field to a storage location wherein the asset dispatch module 126 may operate to coordinate harvester and loading truck movement so as to minimize harvester downtime; Paragraph 0037 for reference to a lot tracing module 128 configured to enable the tracing of harvested product at a particular location within storage to a particular location in the field; Figure 24 and related text regarding item 902 ‘Receive Harvester Location Information For A Harvester, The Harvester Location Information Providing A Series Of Determined Geolocations Of The Harvester Within A Field’ and 906 ‘Receive Loading Truck Location Information For A Loading Truck, The Loading Truck Location Information Providing A Series Of Determined Geolocations Of The Loading Truck’]
estimating a travel time for one or more support machines between the working environment and the control location [see at least Paragraph 0032 for reference to the geolocation mapping module 125 a determines a path through which the vehicle has travelled; Paragraph 0037 for reference to harvester path information indicating field position of a particular load may be correlated to the loading truck the product is loaded into which may also be correlated to the location of the load at the storage facility after delivery; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
estimating a processing time associated with the control location [see at least Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
estimating a working time for a working machine in the working environment [see at least Paragraph 0039 for reference to server system 120 also includes a vehicle state determination module 129 configured to determine whether the vehicle 110 is in a “working” state or a “non-working” state; Paragraph 0039 for reference to when the vehicle 110 is detected as being in a working state, any ground covered by the path of the vehicle 110 is considered to have been worked (e.g., tilled, planted, cultivated, harvested as the case may be); Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
determining a suggested number of support machines for the agricultural operation in dependence on the travel time, the processing time and the working time [see at least Paragraph 0031 for reference to a crew management module 124 configured for registering workers, assigning workers to particular vehicles, and/or grouping sets of vehicles into separate crews; Paragraph 0034 for reference to based on determined factors such as harvester capacity, harvester path, average harvester speed, and/or field geometry, the asset dispatch module 126 may deliver dispatch instructions to the loading truck directing the loading truck to a particular location in the field; Paragraph 0046 for reference to the interface including objects for adding or managing vehicles and/crews for a particular selected farm operation; Paragraph 0050 for reference to application may operate to determine capacities of one or more registered vehicles including units of mass over time where appropriate, such as with a harvesting operation]
generating an operational plan for the agricultural operation in dependence the determined suggested number of support machines [see at least Paragraph 0042 for reference to the local system 130 includes a farm asset control application enabling the manager/user to establish, view, manage, and control one or more farm plans/operations; Paragraph 0054 for reference to the application can calculate what changes to utilization percentage, average vehicle speed, vehicle configurations between crews, and/or working hours per day would likely bring the operation back to the planned schedule; Paragraph 0056 for reference to graphical display allows the user to visualize equipment utilization (“actual utilization”) as a proportion of the work period (“actual work period”) and compare the actual results to planned results (“planned work period” and “planned utilization”)]
Claim 2
Regarding Claim 2, Hunsaker discloses the following:
wherein the location data comprises a travel distance between the working environment and the control location [see at least Paragraph 0037 for reference to harvester path information indicating field position of a particular load may be correlated to the loading truck the product is loaded into which may also be correlated to the location of the load at the storage facility after delivery; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
Claim 3
Regarding Claim 3, Hunsaker discloses the following:
wherein the travel time is estimated based on data received from a data store or a mapped representation stored therein [see at least Paragraph 0032 for reference to geolocation mapping module 125 a operates to associate GPS data received from the registered vehicles with map data in order to provide the location of each vehicle on the map; Paragraph 0036 for reference to a real-time analytics module 127 configured to receive vehicle data, mapping data, and user-specified data to determine progress information and operation estimates]
wherein the method comprises utilising a routing program for determining a travel time between the working environment and the control location [see at least Paragraph 0032 for reference to the geolocation mapping module 125 a determines a path through which the vehicle has travelled; Paragraph 0035 for reference to dispatch instructions may include directions including the field a truck should travel to, a location in the field where the loading truck should travel, a particular path/route the loading truck should take to reach the field and/or to reach the harvester within the field, and/or particular gates/entry points of the field to use, for example; Paragraph 0065 for reference to based on the received vehicle location information, the method then determines a vehicle path for the vehicle, the vehicle path indicating a path traversed by the vehicle over a predetermined time period]
Claim 4
Regarding Claim 4, Hunsaker discloses the following:
wherein the travel time is estimated utilising one or more of a distance between the working environment and the control location and an expected speed for the one or more support machines in travelling between the working environment and the control location [see at least Paragraph 0049 for reference to “planned average working speed” is the speed the vehicles are expected to operate at when in a working state; Paragraph 0086 for reference to based on determined factors such as harvester capacity, harvester path, average harvester speed, and field geometry, dispatch instructions are delivered to the loading truck indicating a location 408 in the field where the loading truck should travel; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
Claim 5
Regarding Claim 5, Hunsaker discloses the following:
wherein the processing time relates to a time for a support machine to be processed at the control location [see at least Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
Claim 6
Regarding Claim 6, Hunsaker discloses the following:
wherein the control location comprises a depot or store for grain or other crop material and the processing time relates to an unload time for the support machine(s) at the control location [see at least Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Paragraph 0090 for reference to an unload site (e.g., storage location); Paragraph 0096 for reference to receive unload information indicating a particular storage location among the set of storage locations at which a particular load has been stored]
Claim 7
Regarding Claim 7, Hunsaker discloses the following:
wherein the processing time relates to a processing time for one or more operational components at the control location [see at least Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
Claim 8
Regarding Claim 8, Hunsaker discloses the following:
wherein the processing time comprises a crop processing time for a crop processing apparatus at the control location [see at least Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
Claim 10
Regarding Claim 10, Hunsaker discloses the following:
wherein the working time comprises a fill time, the fill time comprising a time for the one or more working machines to reach a predetermined or user-selectable fill level [see at least Paragraph 0039 for reference to when the vehicle 110 is detected as being in a working state, any ground covered by the path of the vehicle 110 is considered to have been worked (e.g., tilled, planted, cultivated, harvested as the case may be); Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like]
Claim 11
Regarding Claim 11, Hunsaker discloses the following:
wherein the working time comprises a transfer time relating to the time taken to transfer crop material between the working machine(s) and the support machine(s) [see at least Paragraph 0025 for reference to one or more weight sensors are provided at a harvester to measure gross weight of harvested product as it is transferred from the harvester to a loading truck; Paragraph 0061 for reference to the operational markers 215 indicate the location of a load transfer between a harvester vehicle and a transport vehicle; Paragraph 0061 for reference to in the case of a load transfer event, user selection of the operational marker 215 may cause the application to display associated information about the load that was transferred at that location]
Claim 12
Regarding Claim 12, Hunsaker discloses the following:
wherein the suggested number of support machines comprises a maximum number of support machines relating to a maximum number a support machines for the agricultural operation to prevent overloading of one or more operational arrangements of the agricultural operation [see at least Paragraph 0031 for reference to a crew management module 124 configured for registering workers, assigning workers to particular vehicles, and/or grouping sets of vehicles into separate crews; Paragraph 0034 for reference to based on determined factors such as harvester capacity, harvester path, average harvester speed, and/or field geometry, the asset dispatch module 126 may deliver dispatch instructions to the loading truck directing the loading truck to a particular location in the field; Paragraph 0046 for reference to the interface including objects for adding or managing vehicles and/crews for a particular selected farm operation; Paragraph 0050 for reference to application may operate to determine capacities of one or more registered vehicles including units of mass over time where appropriate, such as with a harvesting operation]
Claim 13
Regarding Claim 13, Hunsaker discloses the following:
wherein the operational plan comprises the suggested number of support machines for the agricultural operation, a route plan for one or more working machines and/or one or more support machines, and/or a timing for the performance of one or more tasks associated with the agricultural operation [see at least Paragraph 0042 for reference to the local system 130 includes a farm asset control application enabling the manager/user to establish, view, manage, and control one or more farm plans/operations; Paragraph 0054 for reference to the application can calculate what changes to utilization percentage, average vehicle speed, vehicle configurations between crews, and/or working hours per day would likely bring the operation back to the planned schedule; Paragraph 0056 for reference to graphical display allows the user to visualize equipment utilization (“actual utilization”) as a proportion of the work period (“actual work period”) and compare the actual results to planned results (“planned work period” and “planned utilization”); Paragraph 0058 for reference to the map interface including vehicle path information may be rendered along with current vehicle location, for example, vehicle path information may be shown as a highlighted overlay on a map; Paragraph 0059 for reference to path information may additionally or alternatively be rendered to show where work was accomplished at particular time periods, such as by highlighting or otherwise distinguishing areas worked during one time period differently than areas worked during prior and/or subsequent time periods]
Claim 14
Regarding Claim 14, Hunsaker discloses the following:
the agricultural operation comprises a harvesting operation [see at least Paragraph 0046 for reference to the interface includes selectable objects 202 relating to different farm plans/operations. In the illustrated embodiment, the interface includes an object for tilling, planting, cultivating, and harvesting; Paragraph 0084 for reference to a method 800 for coordinating agricultural equipment assets in an agricultural harvesting operation through the use of dispatch controls; FIG. 24 and related text regarding a method for rendering locations of harvested agricultural produce in an agricultural harvesting operation]
the working machine comprises a harvesting machine [see at least Paragraph 0019 for reference to vehicle 110 is an agricultural vehicle such as a tractor, harvester (e.g., potato harvester, chopper/forage harvester, combine harvester), windrower, sprayer, loading truck, and the like.]
the one or more support machines comprise a grain cart or forage wagon [see at least Paragraph 0019 for reference to a tractor may be operatively coupled to a plow (e.g., moldboard plow, chisel plow), cultivator (e.g., disc, harrow, crumbler), leveler, loading wagon, planter, pull-behind harvester, and the like]
the working environment comprises a field having crop material growing therein [see at least Paragraph 0027 for reference to dispatch instructions 158 may be provided to a loading truck directing the loading truck to a particular location in the field and/or directing the loading truck along a particular path to the field and/or between the field and a storage location; Paragraph 0032 for reference to geolocation mapping module 125 a may include geo-fencing operations for defining particular farm and/or field boundaries]
the control location comprises a depot where cut and/or harvested crop material from the working environment is transported by the one or more support machines [see at least Paragraph 0090 for reference to an unload site (e.g., storage location); Paragraph 0096 for reference to receive unload information indicating a particular storage location among the set of storage locations at which a particular load has been stored]
Claim 15
Regarding Claim 15, Hunsaker discloses the following:
comprising controlling operation of one or more operable components associated with one or more of the working machine(s), the support machine(s) and/or the control location in dependence on the operational plan [see at least Paragraph 0084 for reference to a method 800 for coordinating agricultural equipment assets in an agricultural harvesting operation through the use of dispatch controls; Figure 22 and related text regarding item 812 ‘Send Dispatch Instructions To The Loading Trucks indicating A Field Location For Receiving A Load From The Harvester’]
Claim 16
Regarding Claim 16, Hunsaker discloses the following:
comprising controlling operation of a user interface for providing a graphical representation of the operational plan [see at least Paragraph 0045 for reference to user interfaces may be displayed as part of the application user interface 134 and/or application user interface 154 described in relation to FIG. 1, for example; FIGS. 2 through 17 illustrate exemplary embodiments of user interfaces for presenting farm asset control content]
Claim 17
Regarding Claim 17, Hunsaker discloses the following:
wherein the user interface comprises: a display terminal of the working machine and/or of the one or more support machines; comprising part of a mobile device carried by an operator in connection with the agricultural operation; and/or comprises a display of a user terminal at the control location [see at least Paragraph 0045 for reference to user interfaces may be displayed as part of the application user interface 134 and/or application user interface 154 described in relation to FIG. 1, for example; FIGS. 2 through 17 illustrate exemplary embodiments of user interfaces for presenting farm asset control content]
Claim 18
Regarding Claim 18, Hunsaker discloses the following:
comprising receiving a user input relating to the operational plan [see at least Paragraph 0036 for reference to a user may input information such as expected operating hours for each vehicle and/or crew, total acres to work, estimated vehicle utilization efficiency, and expected weather downtime; Paragraph 0042 for reference to user interface 134 may include a real-time monitoring component 136 for displaying work progress and equipment utilization and for receiving farm plan information and other input from the manager/user; Paragraph 0047 for reference to interface includes input objects 205 where the user may manually input vehicle information such as vehicle or implement type, make, model, dimensions (e.g., width, number of rows, and/or other measurement appropriate to the particular vehicle), associated vehicle hardware device(s), identification information (e.g., serial number), assigned crew, assigned operator, and vehicle photograph]
Claim 19
Regarding Claim 19, Hunsaker discloses the following:
A control system for planning an agricultural operation associated with an agricultural working environment, the control system comprising one or more controllers which are collectively configured to [see at least Paragraph 0014 for reference to present disclosure relates to computer systems, computer-implemented methods, and computer hardware storage devices configured to provide a platform for managing agricultural operations and assets; Figure 1 and related text regarding item 100 ‘system’]
receive location data indicative of a relative location of the working environment with respect to a control location [see at least Paragraph 0032 for reference to a geolocation mapping module 125 a configured to map the location of registered vehicles; Paragraph 0034 for reference to in a typical harvesting operation, a harvester working a field will offload harvested produce to loading trucks, which then transport the harvested produce from the field to a storage location wherein the asset dispatch module 126 may operate to coordinate harvester and loading truck movement so as to minimize harvester downtime; Paragraph 0037 for reference to a lot tracing module 128 configured to enable the tracing of harvested product at a particular location within storage to a particular location in the field; Figure 24 and related text regarding item 902 ‘Receive Harvester Location Information For A Harvester , The Harvester Location Information Providing A Series Of Determined Geolocations Of The Harvester Within A Field’ and 906 ‘Receive Loading Truck Location Information For A Loading Truck , The Loading Truck Location Information Providing A Series Of Determined Geolocations Of The Loading Truck’]
estimate a travel time for one or more support machines between the working environment and the control location [see at least Paragraph 0032 for reference to the geolocation mapping module 125 a determines a path through which the vehicle has travelled; Paragraph 0037 for reference to harvester path information indicating field position of a particular load may be correlated to the loading truck the product is loaded into which may also be correlated to the location of the load at the storage facility after delivery; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
estimate a processing time associated with the control location [see at least Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Paragraph 0091 for reference to the computer system may measure a time period for which a determined geolocation of the loading truck and the geolocation of the storage facility (or particular section thereof) are within a threshold proximity to one another; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
estimate a working time for a working machine in the working environment [see at least Paragraph 0039 for reference to server system 120 also includes a vehicle state determination module 129 configured to determine whether the vehicle 110 is in a “working” state or a “non-working” state; Paragraph 0039 for reference to when the vehicle 110 is detected as being in a working state, any ground covered by the path of the vehicle 110 is considered to have been worked (e.g., tilled, planted, cultivated, harvested as the case may be); Paragraph 0061 for reference to load information may include, for example, the time period of the load (e.g., start time and unload time), the distance driven by the harvester while in a working state to fill with the load, the non-working distance driven by the harvester during filling of the load, the load number (with respect to one or more of the farm, crew, harvester, loading truck, operator), and the like; Figure 24 and related text regarding item 908 ‘Measure A Time Period For Which A Determined Geolocation Of The Harvester And A Determined Geolocation Of The Loading Truck Are Within A Threshold Proximity To One Another’]
determine a suggested number of support machines for the agricultural operation in dependence on the travel time, the processing time and the working time [see at least Paragraph 0031 for reference to a crew management module 124 configured for registering workers, assigning workers to particular vehicles, and/or grouping sets of vehicles into separate crews; Paragraph 0034 for reference to based on determined factors such as harvester capacity, harvester path, average harvester speed, and/or field geometry, the asset dispatch module 126 may deliver dispatch instructions to the loading truck directing the loading truck to a particular location in the field; Paragraph 0046 for reference to the interface including objects for adding or managing vehicles and/crews for a particular selected farm operation; Paragraph 0050 for reference to application may operate to determine capacities of one or more registered vehicles including units of mass over time where appropriate, such as with a harvesting operation]
generate an operational plan for the agricultural operation in dependence the determined suggested number of support machines [see at least Paragraph 0042 for reference to the local system 130 includes a farm asset control application enabling the manager/user to establish, view, manage, and control one or more farm plans/operations; Paragraph 0054 for reference to the application can calculate what changes to utilization percentage, average vehicle speed, vehicle configurations between crews, and/or working hours per day would likely bring the operation back to the planned schedule; Paragraph 0056 for reference to graphical display allows the user to visualize equipment utilization (“actual utilization”) as a proportion of the work period (“actual work period”) and compare the actual results to planned results (“planned work period” and “planned utilization”)]
generate and output one or more control signals for controlling operation of one or more operational components associated with the agricultural operation in dependence on the generated operational plan [see at least Paragraph 0084 for reference to a method 800 for coordinating agricultural equipment assets in an agricultural harvesting operation through the use of dispatch controls; Figure 22 and related text regarding item 812 ‘Send Dispatch Instructions To The Loading Trucks indicating A Field Location For Receiving A Load From The Harvester’]
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hunsaker (U.S 2018/0374009 A1) in view Jarugumilli (U.S 2022/0138868 A1).
Claim 9
While Hunsaker discloses the limitations above, it does not disclose wherein the crop processing time includes a drying time for crop material at the control location.
Regarding Claim 9, Jarugumilli discloses the following:
wherein the crop processing time includes a drying time for crop material at the control location [see at least Paragraph 0040 for reference to the operational data of the production site relating to a number of dryers and drying capabilities of the dryers; Paragraph 0040 for reference to the production site is configured to report the process data relating to the processing of crops to the platform; Paragraph 0045 for reference to the generation of the field schedule by the platform incorporating operational data of the production site]
Before the effective filing date, it would have been obvious to one of ordinary skill in the art to modify the crop processing data of Hunsaker to include the drying capabilities of Jarugumilli. Doing so, factors associated with the harvest scheduling of the multiple fields are integrated and prioritized, whereby the enhanced harvest scheduling may be used in connection with enhancing harvest yield, Jarugumilli (Paragraph 0002).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhou, K., et al. "Agricultural operations planning in fields with multiple obstacle areas." Computers and electronics in agriculture 109 (2014): 12-22.
DOCUMENT ID
INVENTOR(S)
TITLE
US 2010/0036696 A1
Lang et al.
Agricultural Machine And Operator Performance Information Systems And Related Methods
US 2013/0311218 A1
Maeda et al.
FARMING SUPPORT METHOD AND FARMING SUPPORT APPARATUS
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/KRISTIN E GAVIN/Primary Examiner, Art Unit 3624