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 .
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.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 8, 9 and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Otten et al. (US Patent No. 5,157,904).
In reference to claim 1, Otten discloses an agricultural harvester (Fig. 1), comprising:
a forward frame 4;
a first base cutter 24 and a second base cutter 25 supported on the forward frame 4, the first base cutter 24 being adjacent to the second base cutter 25 in a lateral direction (Fig. 3); and
a central row divider 7 supported on the forward frame 4, the central row divider 7 being aligned at least partially between the first and second base cutters 24 and 25 along the lateral direction and extending at least partially forward of the first and second base cutters 24 and 25 along a fore-aft direction (Fig. 3), the central row divider 7 comprising a main dividing portion (Fig. 3, the portion with flighting), the main dividing portion having a width increasing in the lateral direction from proximate a front end of the main dividing portion to proximate a rear end of the main dividing portion along the fore-aft direction (Fig. 3), the main dividing portion having a height increasing in a vertical direction from proximate the front end to proximate the rear end (Figs. 1and 2), the main dividing portion directing crop towards the first and second base cutters 24 and 25 (Fig. 3).
In reference to claim 2, Otten discloses that the central row divider 7 is centered between the first and second base cutters 24 and 25 along the lateral direction (Fig. 3).
In reference to claim 3, Otten the main dividing portion (Fig. 3, the portion with flighting) is symmetric about a plane defined by the vertical direction and the fore-aft direction (Fig. 3).
In reference to claim 4, Otten discloses that the central row divider 7 is movable relative to the forward frame by a parallel linkage 33 (Fig. 3).
In reference to claim 5, Otten discloses one divider actuator 37, the one divider actuator 37 being configured to adjust a height of the central row divider 7 relative to the forward frame 4 (Fig. 3).
In reference to claim 8, Otten discloses that the central row divider 7 further comprises a shoe portion 33, the main dividing portion (Fig. 3, the portion with flighting) being coupled to the shoe portion 33, the shoe portion 33 being movable relative to the forward frame 4 (Fig. 3, via actuator 37).
In reference to claim 9, Otten discloses that the central row divider 7 further comprises a nose portion (Fig. 3, the portion at the tip of the divider 7), the nose portion having a nose width increasing in the lateral direction from proximate a nose tip to proximate a nose end along the fore-aft direction (Fig. 3), the nose portion having a nose height increasing in the vertical direction from proximate the nose tip to proximate the nose end along the fore-aft direction (Figs. 1-3),
wherein the front end of the main dividing portion is received within the nose portion (Fig. 3), the rear end of the main dividing portion being positioned rearward of the nose end of the nose portion (Fig. 3).
In reference to claim 11, Otten discloses a first row divider 5 supported proximate a first lateral side of the forward frame 4 and a second row divider 6 supported proximate a second lateral side of the forward frame 4, the first row divider 5 and the second row divider 6 each extending at least partially forward of the first and second base cutters 24 and 25 along the fore-aft direction, the first row divider 5 and the second row divider 6 being configured to direct crop towards the first and second base cutters 24 and 25 (Fig. 3),
wherein the central row divider 7 is between the first row divider 5 and the second row divider 6 in the lateral direction (Fig. 3).
In reference to claim 12, Otten discloses a third base cutter 23 supported on the forward frame 4, the third base cutter 23 being directly adjacent the first base cutter 24 in the lateral direction, the first and third base cutters 24 and 23 being configured to direct crop towards a first lateral flow region defined between the first and third base cutters 24 and 23 (Fig. 3), and
a fourth base cutter 26 supported on the forward frame 4, the fourth base cutter 26 being directly adjacent the second base cutter 25 in the lateral direction, the second and fourth base cutters 25 and 26 being configured to direct crop towards a second lateral flow region defined between the second and fourth base cutters 25 and 26, the first and second lateral flow regions being spaced apart along the lateral direction (Fig. 3),
wherein the central row divider 7 is at least partially between the first and second lateral flow regions along the lateral direction (Fig. 3).
In reference to claim 13, Otten discloses that the forward frame 4 is part of, fixed relative to, or movable relative to a chassis 1 of the agricultural harvester (Figs. 1-3).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6, 7 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Otten et al. (US Patent No. 5,157,904) in view of Cleodolphi (US Patent No. 7,401,455).
In reference to claim 6, Otten fails to disclose a computing system, the computing system being configured to control actuation of the one or more row divider actuators to selectively adjust the at least one of the height or the angle of the central row divider.
Cleodolphi discloses a computing system 100, the computing system 100 being configured to control actuation of the one or more actuators to selectively adjust the at least one of the height or the angle (col. 10, lines 50-53). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use a computing system to control actuation with a reasonable expectation of success so that manual control of the actuator is not needed.
In reference to claim 7, Cleodolphi discloses a sensor 55 configured to generate sensor data indicative of pressure within the one or more actuators (col. 9, lines 3-6), the computing system 100 being configured to control the actuation of the one or more actuators based at least in part on the pressure within the one or more actuators (col. 10, lines 50-53).
In reference to claim 14, Otten discloses a method for adjusting operation of an agricultural harvester (Fig. 1), the agricultural harvester comprising a forward frame 4, a first base cutter 24 and a second base cutter 25 supported adjacent to each other in a lateral direction on the forward frame 4, and a central row divider 7 supported on the forward frame 4, the central row divider 7 being aligned at least partially between the first and second base cutters 24 and 25 along the lateral direction and extending at least partially forward of the first and second base cutters 24 and 25 along a fore-aft direction (Fig. 3), the central row divider 7 comprising a main dividing portion (Fig. 3, the portion with flighting), the main dividing portion having a width increasing in the lateral direction from proximate a front end of the main dividing portion 7 to proximate a rear end of the main dividing portion along the fore-aft direction (Fig. 3), the main dividing portion having a height increasing in a vertical direction from proximate the front end to proximate the rear end (Figs. 1 and 2), the main dividing portion directing crop towards the first and second base cutters 24 and 25.
Otten fails to disclose receiving, with a computing system, data generated by a sensor, the data generated by the sensor being indicative of a contour of a ground surface; and
performing, with the computing system, a control action associated with the central row divider based at least in part on the data indicative of the contour of the ground surface.
Cleodolphi discloses receiving, with a computing system 40, data generated by a sensor 55, the data generated by the sensor 55 being indicative of a contour of a ground surface (col. 9, lines 3-10); and
performing, with the computing system 40, a control action based at least in part on the data indicative of the contour of the ground surface (col. 10, lines 50-53).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to receive sensor data indicative of a contour of a ground surface and perform ta control action associated with the central row divider with a reasonable expectation of success so that the central row divider can be positioned at a desired height from the ground.
In reference to claim 15, Otten discloses an actuator 37 coupled between the central row divider 7 and the forward frame 4. Cleodolphi discloses receiving the data generated by the sensor 55 and indicative of a pressure within an actuator 51, the pressure within the actuator 51 being indicative of the contour of the ground surface (col. 10, lines 50-53). In combination, this would result in receiving pressure data indicative of pressure within the actuator 37 disclosed by Otten.
In reference to claim 16, Cleodolphi discloses performing the control action comprises performing the control action when the pressure within the actuator differs from a threshold pressure range (col. 10, line 53-col. 11, line 15).
In reference to claim 17, Cleodolphi discloses receiving, with the computing system 100, a range input via a user interface 102, the range input being indicative of the threshold pressure range (col. 13, line 63-67).
In reference to claim 18, Cleodolphi discloses automatically controlling actuation of the actuator to adjust at least one of a height or an angle relative to the forward frame (col. 10, lines 35-45). In combination with Otten, this would result in adjusting the height or angle of the central row divider.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Otten et al. (US Patent No. 5,157,904) in view of Barretto et al. (US Patent Application Publication No. 2023/0276730).
In reference to claim 10, Otten discloses a finned roller 19 (Figs. 1 and 3) rotatably supported on the forward frame 4,
wherein the main dividing portion is positioned at least partially forward of the finned roller 19 along the fore-aft direction (Fig. 3).
Otten fails to disclose the finned roller extending at least partially forward of the first and second base cutters along the fore-aft direction
Barretto discloses a finned roller 232 extending at least partially forward of the cutters 220 (par. 0045). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to dispose a finned roller forward of the cutters with a reasonable expectation of success so that the roller can bend the stalks towards the ground before the contact the cutters.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Otten et al. (US Patent No. 5,157,904) in view of Bischoff (US Patent Application Publication No. 2016/00887893).
In reference to claim 19, Otten fails to disclose automatically controlling an operation of a user interface to suggest adjusting at least one of a height or an angle of the central row divider relative to the forward frame.
Bischoff discloses automatically controlling an operation of a user interface to suggest adjusting at least one operating parameter (par. 0037). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to suggest an operating parameter with a reasonable expectation of success so that a human operator can be made aware of the suggested operating parameter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Romoser (US Patent Application Publication No. 2024/0130283) discloses a row divider 86 with a sensor 102 (Fig. 3); Richard et al. (US Patent Application Publication No. 2020/0128742) discloses a harvester with a center row divider 200 (Fig. 2); and Ricketts et al. (US Patent Application Publication No. 2019/0230843) discloses an adjustable row divider 300 (Figs. 3 and 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRAD HARCOURT whose telephone number is (571)272-7303. The examiner can normally be reached Monday through Friday, 9am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at (571)272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRAD HARCOURT/Primary Examiner, Art Unit 3674
9/23/26
