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 .
Status of Claims
This Office Action is in response to the application filed on Feb. 24, 2025. Claims 1-13 are presently pending and are presented for examination.
Claims Objections
Claim 10 is objected to because of the following informalities:
Claim 10 recites “the agricultural machine (1) according to claim 8” there is no “agricultural machine (1)” in claim 8, Examiner suggests correcting the typo error to ensure proper antecedent basis or any appropriate correction.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. — An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection Ⅰ, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"; and
the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word "means" (or "step") in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(1) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word "means" (or "step") in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word "means" (or "step") are being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
Conversely, claim limitations in this application that do not use the word "means" (or "step") are not being interpreted under 35 U.S.C. 112(f), except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word "means," but are nonetheless being interpreted under 35 U.S .C. 112(f), because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
rolling means... in claims 1. Structure for this limitation may be found at least at [0002] of the instant specification: The latter comprises, as rolling means, either at least one tracked undercarriage, and possibly at least one additional undercarriage with a wheeled axle, or at least two undercarriages with wheeled axles, the carrier frame being mounted on and assembled with the rolling assembly and carrying at least one tool.
means for determining and possibly adjusting... in claim 1. Structure for this limitation may be found at least at [0034] of the instant specification: it comprises means for determining and possibly adjusting, if necessary, automatically by an evaluation and control means (8) or upon a command from an operator informed by said means (8).
measuring means… in claims 6-8 and 11. Structure for this limitation may be found at least at [0042] of the instant specification: comprising measuring means (9) for the ballast weight and relative position detection means (9′) with regard to the carrier frame (2) of the tool or of each of the tools (3, 3′) mounted at the front or at the rear. These means (9, 9′), in the form of sensors, which make it possible to monitor the evolution of the position and the weights corresponding in particular to the various tools and ballasting, allow a dynamic adjustment of the relative positioning of the two target components (2 and 4).
detection means… in claims 6, 8, and 11. Structure for this limitation may be found at least at [0042] of the instant specification: comprising measuring means (9) for the ballast weight and relative position detection means (9′) with regard to the carrier frame (2) of the tool or of each of the tools (3, 3′) mounted at the front or at the rear. These means (9, 9′), in the form of sensors, which make it possible to monitor the evolution of the position and the weights corresponding in particular to the various tools and ballasting, allow a dynamic adjustment of the relative positioning of the two target components (2 and 4).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f), it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 and 13 are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The specific grounds for this rejection are as follows:
Indefinite Terms of Degree / Relative Terminology. The limitation requiring the relative positioning to be adjusted such that the center of gravity and the central point are "close to each other" is a relative term of degree. Under MPEP 2173.05(b), claims employing terms of degree are indefinite unless the specification provides an objective standard for measuring that degree. The phrase "close to each other" fails to delineate a precise spatial boundary, and the specification does not supply an objective, reproducible metric for what distance is considered "close".
Improper Exemplary and Preferential Language. The limitations "advantageously located in a same plane" and "preferably coincident" introduce severe ambiguity. Under MPEP 2173.05(d), descriptions of preferences belong in the specification rather than the claims. In a claim, terms like "advantageously" and "preferably" make the limitations optional, leaving the public in doubt as to whether the "same plane" or "coincident" relationships are required or optional structural boundaries.
The clause "upon a command from an operator informed by this means" lacks a clear antecedent basis. Under MPEP 2173.05(e), a claim is indefinite when it is unclear which of multiple prior elements a term references. "This means" could refer back to the generic "means for determining and possibly adjusting" or to the "evaluation and control means". This multi-vocal reference makes the operational relationship of the operator command structurally ambiguous.
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 is incorrect, any correction of the statutory basis 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20190382982 (hereinafter, "Santo") in view of WO 0236417 A1 (hereinafter, "Holzer").
Regarding claim 1, Santo discloses a self-propelled agricultural machine, operated autonomously or controlled by an operator (“the work machine is preferably remote-controlled or is self-propelling by means of the autonomous controller” (para 0026)), having a usual direction of advance, which determines the front and rear, and a longitudinal axis for the machine (“The mounting behind the primary vehicle axle generates the advantage that the implement can be pulled very far to the rear by means of the pivoting arm and the working arm, as a result of which the load can be moved very close to the primary vehicle axle” (para 0029)), said agricultural machine comprising:
a carrier frame configured to carry at least one tool at the front and/or at the rear (“in FIG. 2, the counterweight 5 is connected to the base element 7 via lever elements 8.1 and 8.2. Furthermore, an auxiliary wheel 6 is arranged on the counterweight 5 by means of an auxiliary wheel suspension 15” (para 0045)); and
a rolling assembly comprising, as rolling means, either at least one undercarriage with tracks (“The steering is carried out here as in a self-balancing electronic scooter which is known from the prior art and in which the wheel elements can be actuated with a different drive speed and drive direction by means of their assigned drive” (para 0014)), and
possibly at least one additional undercarriage with an axle with wheels, …. (“the primary vehicle axle is arranged with the wheel elements and the associated drive elements on a base element which comprises inclination sensors” (para 0017)), the carrier frame being mounted on and assembled with the rolling assembly and carrying the at least one tool (“the primary vehicle axle is arranged with the wheel elements and the associated drive elements on a base element which comprises inclination sensors, in particular digital semiconductor gyroscopes” (para 0017)), wherein the connecting link between the carrier frame and the rolling assembly is configured to allow displacement between this frame and this assembly along the longitudinal axis (“it is additionally possible for a rigid longitudinal counterweight to be used and for the primary vehicle axle to be arranged on the rigid counterweight, in such a way that it can be shifted along the counterweight” (para 0025)), and
wherein the agricultural machine comprises means for determining and possibly adjusting, if necessary, automatically by an evaluation and control means or upon a command from an operator informed by this means (“the work machine according to the invention comprises at least one controller which comprises at least one closed-loop control circuit. The closed-loop control circuit of the controller is used to enable the work machine to orient itself about the primary vehicle axle in a self-balancing fashion” (para 0012)), the relative positioning between the carrier frame and the rolling assembly, in such a way that the center of gravity of the carrier frame with its tool(s) and a central point of the rolling assembly are close to each other, advantageously located in a same plane perpendicular to the longitudinal axis, and preferably coincident (“In order to compensate a load which is applied dynamically by the implement outside the range of the main axle and to keep the overall center of gravity of the vehicle above the primary vehicle axle, here the counterweight can be shifted in the longitudinal direction by means of the controller with the closed-loop circuit in such a way that the center of gravity is located above the main axle and the work machine is therefore balanced” (para 0015)).
However, Santo does not explicitly teach
… or at least two undercarriages with axles with wheels,
Holzer, in the same field of endeavor, teaches
… or at least two undercarriages with axles with wheels (Fig 6, #7, #9).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Santo with the teachings of Holzer in order to provide a complete change of at least the suspension or the undercarriage as well as usually of the force transmission of the vehicle is necessary in order to take into account the kinematics of track undercarriages that differ over the use of tires; see Holzer at least at [page 1, para 0003].
Regarding claim 2, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses wherein the central point of the rolling assembly corresponds to the geometric center or barycenter of the contact areas between the undercarriages and the ground (“FIGS. 4h and 4i illustrate a continuation of the raising of the shovel 31, which is brought about by rotation of the shovel in the direction of the shovel rotation 19 and movement/pivoting of the working arm 9 and of the pivoting arm 10. In order to keep the center of gravity above the primary vehicle axle 3, the primary vehicle axle 3 of the work machine 1 is moved toward the shovel 31 in the travel direction 18 by means of the wheel elements 4, and the counterweight is moved away from the shovel 31 in the direction of the counterweight movement 20” (0059)).
Regarding claim 3, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses wherein the rolling assembly comprises only an undercarriage with tracks, the central point of the rolling assembly corresponding to the geometric center of the undercarriage or to the midpoint of a drive axle of this undercarriage (“FIGS. 4h and 4i illustrate a continuation of the raising of the shovel 31, which is brought about by rotation of the shovel in the direction of the shovel rotation 19 and movement/pivoting of the working arm 9 and of the pivoting arm 10. In order to keep the center of gravity above the primary vehicle axle 3, the primary vehicle axle 3 of the work machine 1 is moved toward the shovel 31 in the travel direction 18 by means of the wheel elements 4, and the counterweight is moved away from the shovel 31 in the direction of the counterweight movement 20” (0059)).
Regarding claim 4, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses wherein the rolling assembly comprises two undercarriages (“the counterweight of the work machine is connected to the base element via at least two lever elements” (para 0023)), the central point corresponding to the median point between the geometric centers of the axles of the two undercarriages (“The hydraulic control system can comprise here various element such as a hydraulic cylinder which during shifting of the counterweight orients a position of the counterweight with respect to the lever elements in such a way that the counterweight is located in an essentially horizontal attitude so that elements of the work machine which are accommodated in the counterweight, such as, for example, the motor for converting energy, hydraulic pumps and/or further storage elements, drive elements or control elements, can operate free of disruption and their function cannot be adversely affected by any oblique position whatsoever” (para 0023) and “The counterweight 5 is necessary for a work machine 1 according to the invention, since in the case of a vehicle which balances itself about a primary vehicle axle, like the work machine 1 according to the invention here, the center of gravity of the vehicle always has to be located above the primary vehicle axle and the counterweight is therefore used to compensate shifting of the center of gravity which is caused by the implement 2.1” (para 0044)).
Regarding claim 5, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses wherein the connecting link between the carrier frame and the rolling assembly has a degree of freedom for sliding along the longitudinal axis and comprises one or more cylinders, which can be locked in position (“The necessary forces which have to be applied to an implement are generated in such a case exclusively by means of drive elements which are operatively connected to the implement, the working arm, the pivoting lever and the base element. Such drive elements can be, for example, electric motors which are assigned to the rotational axes between the individual elements or hydraulic elements such as hydraulic cylinders, which generate rotation of the elements with respect to one another” (para 0028)), the actuation of at least some of which, in particular of at least one electric cylinder provided with a position sensor, results in a relative displacement between the carrier frame and the rolling assembly (“The controller preferably also keeps the base element of the work machine in an essentially horizontal attitude by means of the inclination sensors (semiconductor gyroscopes), since by virtue of the parallelogram guide the position of the counterweight corresponds essentially to the position of the base element on which the lever elements and the auxiliary lever elements are arranged” (para 0024)).
Regarding claim 6, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses wherein the tool or at least one of the tools carried by the carrier frame may have a variable weight and/or may be moved relative to the carrier frame, in particular during use or when changing the machine from one configuration or from one state to another (“in the case of a wheel loader 50 which is intended to take up a 10t payload in the shovel 54, the rear axle is dimensioned in such a way that in an empty state of the shovel 54 it is configured for a loader 17t, since in the case of the empty shovel 54 a large part of the force F.sub.counterweight which is generated by the counterweight has to be diverted via the rear axle 53, and therefore this load acts on the rear axle 53. The front axle 52 is, secondly, configured in such a way that even solid material can be broken away from a wall with the shovel 54, wherein in such a load state it is assumed that as a result the rear axle 53 can be raised. It results from this that in the stated example the front axle 52 has to be configured for a load of 37t. The unladen weight of such a wheel loader is 27t in this example. With additional loading of the maximum rated load of 10t the vehicle weight is therefore 37t in the laden state. Owing to the preconditions described above, the front axle 52 and the rear axle 53 are, however, dimensioned in such a way that together they could take up a load of 54t” (para 0041)), the agricultural machine comprising measuring means for the ballast weight and relative position detection means with regard to the carrier frame of the tool or of each of the tools mounted at the front or at the rear (“ load sensors can be included in the closed-loop control circuit in order, for example, to determine a load acting on the shovel 31/the implement 2.1, and to shift the counterweight 5 correspondingly for the purpose of self-balancing” (para 0050)).
Regarding claim 7, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses further comprising an evaluation and control means which is configured to i) analyze the data provided by a measuring means for the balance of the machine, for example a balance device, and/or by a database (“the primary vehicle axle is arranged with the wheel elements and the associated drive elements on a base element which comprises inclination sensors, in particular digital semiconductor gyroscopes. The information sensors are assigned here to the control circuit of the controller of the work machine, which is preferably an electronic closed-loop control circuit which, apart from the inclination sensors, can also comprise load sensors” (para 0017)), ii) determine an optimal relative positioning between the carrier frame and the rolling assembly (“In the closed-loop control circuit for self-balancing of the work machine 1 about the primary vehicle axle 3, preferably inclination sensors, equilibrium sensors and/or acceleration sensors are used. In this context, for example semiconductor gyroscopes can be used as inclination sensors and equilibrium sensors. Furthermore, load sensors can be included in the closed-loop control circuit in order, for example, to determine a load acting on the shovel 31/the implement 2.1, and to shift the counterweight 5 correspondingly for the purpose of self-balancing” (para 0050)), and iii) if necessary, either perform an adjustment by controlling a relative displacement between the carrier frame and the rolling assembly, or inform an operator, if the center of gravity of the carrier frame with its tool(s) and a central point of the rolling assembly do not at least approximately coincide (“The counterweight 5 is necessary for a work machine 1 according to the invention, since in the case of a vehicle which balances itself about a primary vehicle axle, like the work machine 1 according to the invention here, the center of gravity of the vehicle always has to be located above the primary vehicle axle and the counterweight is therefore used to compensate shifting of the center of gravity which is caused by the implement 2.1” (para 0044)).
Regarding claim 8, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses further comprising an evaluation and control means which is configured and programmed to: i) analyze the data supplied by measuring means for the ballast weight of the tool or tools mounted at the front or at the rear (“the primary vehicle axle is arranged with the wheel elements and the associated drive elements on a base element which comprises inclination sensors, in particular digital semiconductor gyroscopes. The information sensors are assigned here to the control circuit of the controller of the work machine, which is preferably an electronic closed-loop control circuit which, apart from the inclination sensors, can also comprise load sensors” (para 0017)), and by relative position detection means for the tool or tools mounted at the front or at the rear and movable with respect to the carrier frame, for example by raising/lowering, and/or, lastly, by a database, ii) determine an optimal relative positioning between the carrier frame and the rolling assembly (“In the closed-loop control circuit for self-balancing of the work machine 1 about the primary vehicle axle 3, preferably inclination sensors, equilibrium sensors and/or acceleration sensors are used. In this context, for example semiconductor gyroscopes can be used as inclination sensors and equilibrium sensors. Furthermore, load sensors can be included in the closed-loop control circuit in order, for example, to determine a load acting on the shovel 31/the implement 2.1, and to shift the counterweight 5 correspondingly for the purpose of self-balancing” (para 0050)), and iii) if necessary, either perform an adjustment by controlling a relative displacement between the carrier frame and the rolling assembly, or inform an operator, if the center of gravity of the carrier frame with its tool(s) and a central point of the rolling assembly do not at least approximately coincide (“The counterweight 5 is necessary for a work machine 1 according to the invention, since in the case of a vehicle which balances itself about a primary vehicle axle, like the work machine 1 according to the invention here, the center of gravity of the vehicle always has to be located above the primary vehicle axle and the counterweight is therefore used to compensate shifting of the center of gravity which is caused by the implement 2.1” (para 0044)).
Regarding claim 9, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses further comprising a database providing predefined states of optimal relative positioning between the carrier frame and the rolling assembly, based on the type of tool(s) or ballast weight(s) mounted at the front and/or at the rear, and means for detecting the type of tool(s) or ballast weight(s) mounted (“By means of the controller, it is possible to control the shifting of the center of gravity of the work machine 1 by means of the data of the closed-loop control circuit or circuits in such a way that, firstly, the work machine 1 balances itself about the primary vehicle axle 3, and in one exemplary embodiment it can be additionally controlled in such a way that the load on the auxiliary wheel 6 is within a preselected load range” (para 0051)).
Regarding claim 10, Santo discloses the agricultural machine (1) according to claim 8. Additionally, Santo discloses further comprising a database providing predefined states of optimal relative positioning between the carrier frame and the rolling assembly, based on the type of tool(s) or ballast weight(s) mounted at the front and/or at the rear (“By means of the controller, it is possible to control the shifting of the center of gravity of the work machine 1 by means of the data of the closed-loop control circuit or circuits in such a way that, firstly, the work machine 1 balances itself about the primary vehicle axle 3, and in one exemplary embodiment it can be additionally controlled in such a way that the load on the auxiliary wheel 6 is within a preselected load range” (para 0051)), and means for detecting the type of tool(s) or ballast weight(s) mounted, wherein the evaluation and control means are programmed to analyze the data supplied by the means for detecting the type of tool(s) or ballast weight(s) mounted and to consult the database, at least at the beginning of a working or moving phase of the agricultural machine (“in the case of a wheel loader 50 which is intended to take up a 10t payload in the shovel 54, the rear axle is dimensioned in such a way that in an empty state of the shovel 54 it is configured for a loader 17t, since in the case of the empty shovel 54 a large part of the force F.sub.counterweight which is generated by the counterweight has to be diverted via the rear axle 53, and therefore this load acts on the rear axle 53. The front axle 52 is, secondly, configured in such a way that even solid material can be broken away from a wall with the shovel 54, wherein in such a load state it is assumed that as a result the rear axle 53 can be raised. It results from this that in the stated example the front axle 52 has to be configured for a load of 37t. The unladen weight of such a wheel loader is 27t in this example. With additional loading of the maximum rated load of 10t the vehicle weight is therefore 37t in the laden state. Owing to the preconditions described above, the front axle 52 and the rear axle 53 are, however, dimensioned in such a way that together they could take up a load of 54t” (para 0041)), and to possibly adjust the relative positioning between the carrier frame and the rolling assembly and/or inform an operator (“the primary vehicle axle is arranged with the wheel elements and the associated drive elements on a base element which comprises inclination sensors, in particular digital semiconductor gyroscopes. The information sensors are assigned here to the control circuit of the controller of the work machine, which is preferably an electronic closed-loop control circuit which, apart from the inclination sensors, can also comprise load sensors. Furthermore, the controller can also comprise acceleration sensors so that in addition to the data of the inclination sensors the further data of the acceleration sensors can be used for balancing the work machine” (para 0017)).
Regarding claim 11, Santo discloses the agricultural machine according to claim 7. Additionally, Santo discloses wherein the evaluation and control means (8) are programmed to analyze repeatedly, if necessary almost continuously, the data provided by a measuring means for the balance of the machine (“The information sensors are assigned here to the control circuit of the controller of the work machine, which is preferably an electronic closed-loop control circuit which, apart from the inclination sensors, can also comprise load sensors. Furthermore, the controller can also comprise acceleration sensors so that in addition to the data of the inclination sensors the further data of the acceleration sensors can be used for balancing the work machine” (para 0017)), or by a measuring means for the ballast weight and relative position detection means for the tool or tools mounted at the front or at the rear (“in the case of a wheel loader 50 which is intended to take up a 10t payload in the shovel 54, the rear axle is dimensioned in such a way that in an empty state of the shovel 54 it is configured for a loader 17t, since in the case of the empty shovel 54 a large part of the force F.sub.counterweight which is generated by the counterweight has to be diverted via the rear axle 53, and therefore this load acts on the rear axle 53. The front axle 52 is, secondly, configured in such a way that even solid material can be broken away from a wall with the shovel 54, wherein in such a load state it is assumed that as a result the rear axle 53 can be raised. It results from this that in the stated example the front axle 52 has to be configured for a load of 37t. The unladen weight of such a wheel loader is 27t in this example. With additional loading of the maximum rated load of 10t the vehicle weight is therefore 37t in the laden state. Owing to the preconditions described above, the front axle 52 and the rear axle 53 are, however, dimensioned in such a way that together they could take up a load of 54t” (para 0041)), and to automatically determine and repeatedly adjust, if necessary in real time and continuously, the relative positioning between the carrier frame and the rolling assembly, throughout a working phase of the agricultural machine (“By means of the controller, it is possible to control the shifting of the center of gravity of the work machine 1 by means of the data of the closed-loop control circuit or circuits in such a way that, firstly, the work machine 1 balances itself about the primary vehicle axle 3, and in one exemplary embodiment it can be additionally controlled in such a way that the load on the auxiliary wheel 6 is within a preselected load range” (para 0051)).
Regarding claim 13, Santo discloses a method for managing the configuration of an agricultural machine according to claim 1. Additionally, Santo discloses the method comprising:
providing a connecting link between the carrier frame and the rolling assembly, which is configured to allow displacement between this frame and this assembly along the longitudinal axis (“it is additionally possible for a rigid longitudinal counterweight to be used and for the primary vehicle axle to be arranged on the rigid counterweight, in such a way that it can be shifted along the counterweight” (para 0025)), and
determining and possibly adjusting, if necessary, automatically by an evaluation and control means or upon a command from an operator informed by this means, the relative positioning between the carrier frame and the rolling assembly (“the work machine according to the invention comprises at least one controller which comprises at least one closed-loop control circuit. The closed-loop control circuit of the controller is used to enable the work machine to orient itself about the primary vehicle axle in a self-balancing fashion” (para 0012)), in such a way that the center of gravity of the carrier frame with its tool(s) and a central point of the rolling assembly are close to each other, advantageously located in a same plane perpendicular to the longitudinal axis, and preferably coincident (“In order to compensate a load which is applied dynamically by the implement outside the range of the main axle and to keep the overall center of gravity of the vehicle above the primary vehicle axle, here the counterweight can be shifted in the longitudinal direction by means of the controller with the closed-loop circuit in such a way that the center of gravity is located above the main axle and the work machine is therefore balanced” (para 0015)).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20190382982 (hereinafter, "Santo"), in view of WO0236417A1 (hereinafter, "Holzer") as applied to claim 1 above, and in further view of U.S. Pub. No. 20230057958 (hereinafter, "Payne").
Regarding claim 12, Santo discloses the agricultural machine according to claim 1. Additionally, Santo discloses …, in order to determine and, if necessary, adjust an optimal relative positioning between the carrier frame and the rolling assembly (“the work machine according to the invention comprises at least one controller which comprises at least one closed-loop control circuit. The closed-loop control circuit of the controller is used to enable the work machine to orient itself about the primary vehicle axle in a self-balancing fashion” (para 0012)).
However, Santo does not explicitly teach
… wherein the evaluation and control means are programmed to also take into account the filling level of the fuel tank of the agricultural machine, and its evolution during the working phase…
Payne, in the same field of endeavor, teaches
… wherein the evaluation and control means are programmed to also take into account the filling level of the fuel tank of the agricultural machine, and its evolution during the working phase (“a first tank and a second tank each coupled to the frame and configured to contain the fuel; and a ballast actuator configured to move the fuel between the first tank and the second tank to shift a center of gravity of the vehicle relative to the first axle assembly and the second axle assembly” (claim 17)).
One of ordinary skill in the art, before the time of filing, would have been motivated to modify the disclosure of Santo with the teachings of Payne in order to provide a complete change of at least the suspension or the undercarriage as well as usually of the force transmission of the vehicle is necessary in order to shift a center of gravity of the vehicle relative to the first axle assembly; see Payne at least at [claim 17].
Conclusion
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/ADAM M ALHARBI/Primary Examiner, Art Unit 3663
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