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 .
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 November 4, 2025 is considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Diekhans, et al. (U.S. Patent Application Publication No. 20120263560) in view of Huster, et al. (U.S. Patent No. 7537519).
Regarding claim 1, Diekhans, et al. teaches: An arrangement for automatically supervising a transfer process, in which harvested material is transferred from a harvesting machine into a cargo container of a transport vehicle, the arrangement comprising: (Paragraph [0032]: "FIG. 1 shows, in a schematic view from the rear, a self-propelled forage harvester (1) [harvesting machine], which hurls (transfers) harvested and processed crop [harvested material] by way of an upper discharge chute (4) in the form of a crop discharge flow into a loading container (2) [cargo container of transport vehicle] located next to the forage harvester (1).")
an electronic control unit configured to: generate, on the basis of received signals, a positioning signal for one or more actuators configured to alter a location of an impact point of the harvested material in the cargo container (Paragraph [0038]: "The control unit (7) [electronic control unit] is connected to the actuators (8), (9), (10) and controls them with consideration for the relative position [received positioning signals] that was determined in such a way that the crop discharge flow (7) strikes the impact point P within the loading container (2) in order to fill it with crop [location of impact point]." ; Paragraph [0019]: "…such a sensor can differentiate between various position-dependent filling states on the loading container. If the sensor is a camera, a position-dependent differentiation of filling state can be carried out by way of related image evaluation [actuator detecting maximum fill level in one location]. Therefore, when a maximum fill level has been reached at one position of the loading container, the control unit can continue filling the loading container at another position by initiating a change in the relative position of the hauling vehicle [can send signal to alter impact point of harvested material in cargo container].").
Diekhans, et al. does not teach and transfer, in response to the one or more actuators based on the positioning signal, the harvested material to a target position in the cargo container with a predeterminable response sensitivity to a first deviation between the target position and an actual position of the impact point, wherein the electronic control unit is configured to increase the response sensitivity when transfer losses are detected.
In a similar field of endeavor (control of crop transfer), Huster, et al. teaches: and transfer, in response to the one or more actuators based on the positioning signal, the harvested material to a target position in the cargo container with a predeterminable response sensitivity to a first deviation between the target position and an actual position of the impact point, (Col. 5, lines 42-57: "The limiting values entered are subsequently transmitted to computing unit (19) and are used--in addition to the GPS signals--to calculate point of impact (12) [positioning signal in response to actuators] […] Transfer device (5) and transfer-device cover (11) are adjusted as a function of this generated signal [adjusted as a function of deviation between target position and actual position of impact point], so that the position of transfer device (5) and the position of transfer-device cover (5) define the point of impact (12) of harvested crop (4) within transport device (6), and a transfer of harvested crop that is loss-free and minimizes the effort required of the driver of harvesting machine (2) is ensured [harvested material is sent to targeted position in cargo container with respect to predetermined response sensitivity].")
wherein the electronic control unit is configured to increase the response sensitivity when transfer losses are detected (Col. 6, lines 16-23: "The driving guidance system can display the optimum position for the current transfer procedure relative to transport vehicle (6) to the driver of forage harvester (1) via an optical display unit (13) inside driver's cab (8) [ECU optimizes response sensitivity]. The display of the current relative position is important during critical travels around curves, since a loss-free transfer of crop (4) is not entirely possible in these areas, due to the fact that rotation of transfer device (5) is limited at the front by driver's cab (8) [condition in which transfer losses are detected].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify Diekhans, et al. to include the teaching of Huster, et al. based on a reasonable expectation of success and motivation to improve the automatic control of crop transfer between a harvesting machina and a hauling vehicle (Huster, et al. Paragraph [0009]).
Regarding claim 2, Diekhans, et al. and Huster, et al. remain as applied to claim 1, and in a further embodiment, teach: the arrangement of claim 1, wherein the one or more actuators is configured to influence one or more of: a parameter related to a relative position between the harvesting machine and the cargo container in the forward direction; a parameter related to a lateral direction of a discharge unit of the harvesting machine; a parameter related to an angle of the discharge unit of the harvesting machine about a vertical axis; a parameter related to an angle of a discharge unit of the harvesting machine about a horizontal axis; and a parameter related to an angle of an end-side discharge flap of the discharge unit of the harvesting machine in relation to the discharge unit (Diekhans, et al. Paragraph [0033]: "In order to influence or control the position of the impact point P on the loading container (2), […] Furthermore, a flap adjustment cylinder (10) [discharge flap of discharge unit] is used to adjust the discharge angle a of the crop discharge flow (5) out of the upper discharge chute (4) [parameter related to angle].").
Regarding claim 3, Diekhans, et al. and Huster, et al. remain as applied to claim 1, and in a further embodiment, teach: The arrangement of claim 1, herein the control unit includes an inner control loop configured to activate an actuator of the one or more actuators that is configured to generate at least a part of the positioning signal delivered to the one or more actuators, (Huster, et al. Col. 7, lines 29-32: "As described above, the driver of forage harvester (1) has the option of controlling transfer device (5) manually or to perform automatic control, which runs through a defined loop, for example [inner control loop - activate actuator which generates positioning signal]." ; Huster, et al. Col. 5, lines 50-51: "Based on the result of this calculation, a signal to be sent to transfer device (5) and transfer-device cover (11) is generated.")
wherein the inner control loop is configured to activate the actuator of the one or more actuators proportionally in response to the first deviation between the target position and the actual position of the impact point, (Huster, et al. Col. 6, lines 45-53: "As an alternative to calculating point of impact (12) of crop discharge flow (15) using vectors A, B, C, point of impact (15) can also be determined via relative position vector D and loading point vector E. Relative position vector D describes the position of forage harvester (1) relative to transport device (6). Loading point vector E describes the point of impact of crops (4) within transport device (6). The sum of vectors D and E yields target point vector Z, so that point of impact (12) can be defined [actuator is activated proportionally based on deviation between target position and actual position of impact point].")
and wherein the control unit is configured to specify at least one of a proportional factor and a maximum positioning signal of the inner control loop to specify a response sensitivity (Huster, et al. Col. 6, lines 29-32: "The definition of vectors A, B, C, D, E serves to determine a target point vector Z. Target point vector Z establishes an optimum point of impact (12) of the harvested crop in the space of transport device (6) [specify proportional factor needed with respect to response sensitivity].").
Regarding claim 6, Diekhans, et al. and Huster, et al. remain as applied to claim 1, and in a further embodiment, teach: The arrangement of claim 1, wherein the control unit is configured to take into consideration an operator input for specifying at least one of the response sensitivity, a parameter of the harvested material, and a relative movement between the harvesting machine and the transport vehicle when defining the response sensitivity (Diekhans, et al. Paragraph [0039]: "With respect to the filling procedure, the control unit (7) [control unit] can advantageously consider a filling strategy which is selectable by the operator of the forage harvester (1) [operator input]. For example, a filling strategy could require that the loading container (2) be filled from front to back. Any other strategies are feasible, depending on the particular circumstances (e.g. container size/shape, edge height, filling state, transfer distance, etc.) [parameter of harvested material].").
Regarding claim 7, Diekhans, et al. and Huster, et al. remain as applied to claim 1, and in a further embodiment, teach: A harvesting machine comprising the arrangement of claim 1 (Diekhans, et al. Paragraph [0025]: "…invention is suitable for controlling the crop transfer of self-propelled harvesting machines and is preferably included and operational in a forage harvester or a combine harvester [harvesting machine].").
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Diekhans, et al. (U.S. Patent Application Publication No. 20120263560) and Huster, et al. (U.S. Patent No. 7537519) in view of Byttebier, et al. (U.S. Patent No. 10959378).
Regarding claim 4, the combination of Diekhans, et al. and Huster, et al. does not teach the arrangement of claim 3, wherein the control unit includes an outer control loop configured to ascertain a second deviation between an impact point of the harvested material predetermined by a loading strategy and an impact point of the harvested material ascertained on the basis of the received signals and generate an output signal representative of the second deviation for use together with a sensorially detected value for the current position of the one or more actuators as the input signal for the inner control loop.
In a similar field of endeavor (unloading of agricultural harvesting machines), Byttebier, et al. teaches: The arrangement of claim 3, wherein the control unit includes an outer control loop configured to ascertain a second deviation between an impact point of the harvested material predetermined by a loading strategy and an impact point of the harvested material ascertained on the basis of the received signals (Col. 6, line 63 to Col. 7, lines 1-2: "Use of a multiplier can allow more tailored control of the discharge spout based on its current use such that crop can be more accurately directed to the container, thereby reducing crop waste. This may be referred to as changing a gain of one or more control loops in the controller (12), wherein the control loops are used by the main control methodology [outer control loop - adjustment based on received signals].")
and generate an output signal representative of the second deviation for use together with a sensorially detected value for the current position of the one or more actuators as the input signal for the inner control loop, (Col. 7, lines 1-8: "In one example, the crop build-up control methodology may set the speed with which the discharge spout (1) can rotate about its vertical axis. This may be referred to as setting a gain for the global spout rotation flow. For a high value of the determined build-up speed, the discharge spout (1) can be controlled such that it rotates more quickly than for slower build-up speeds [deviation between current and desired rotation position of harvester discharge location]." ; Col. 6, lines 17-21: "Image data of the material, optionally image data of the material in the container (4), as discussed in more detail below. The build-up speed may also be calculated by processing camera/sensor data in order to track changes in the heap size [sensorially detected value - position of actuators].")
and wherein a hysteresis of the outer control loop depends on the response sensitivity (Col. 7, lines 9-12: "This is on the basis that the discharge spout (1) should react more quickly for a heap that (10) builds up quickly as any delay can increase the likelihood that crop will spill out of the container (4) [hysteresis of loop increases based on response sensitivity].").
Therefore, it would have been obvious to one of the ordinary skill of the art before the effective filing date of the claimed invention to modify the combination of Diekhans, et al. and Huster, et al. to include the teaching of Byttebier, et al. based on a reasonable expectation of success and motivation to improve the control of an unloading system apparatus and a loading container (Byttebier, et al. Col. 1, lines 39-44).
Regarding claim 5, Diekhans, et al., Huster, et al., and Byttebier, et al. remain as applied to claim 4, and in a further embodiment, teach: The arrangement of claim 4, wherein the control unit is configured to determine the impact point on the basis of sensorially detected values and a model, using the values, for the flight behavior of the harvested material (Byttebier, et al. Col. 7, lines 18-22: "The main control methodology may provide a main control signal to rotate the discharge spout (1) by a predetermined amount. The main control signal may be automatically generated by a main control algorithm [using model]" ; Byttebier, et al. Col. 7, lines 29-36: "Optionally, a 3-D camera (15) and a light source 16 are mounted on the discharge spout (1) [harvested material], below the pivotable flap (2) as shown in FIG. 1. The camera (15) is configured to produce images (19) as arrays of pixels, and to provide depth data representative of the distance between the camera and objects shown in the image, for each pixel in the image [based on sensorially detected values]. This depth data may be determined on the basis of the well-known time-of-flight principle [flight behavior of harvested material].").
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Löffler, et al. (U.S. Patent Application Publication No. 20240251713) teaches a self-propelled agricultural harvester which can adjust a post-acceleration unit for ejecting the harvested material into a loading container as a function of a swath detection device indicative of the properties of the harvested material.
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/TORRENCE S MARUNDA II/ Examiner, Art Unit 3663
/ANGELA Y ORTIZ/ Supervisory Patent Examiner, Art Unit 3663
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