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 .
Response to Amendments
The amendment filed January 14, 2026 has been entered. Claims 1-2, 4, 7-8, 11, 13, 15-18 and 20-25 remain rejected under 35 U.S.C. 103 in the application.
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 1-2, 4, 7-8, 11, 13, 15-18, 20-22, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Yancey (US 9119379 B1) (previously cited) in view of Ginestet (US 20210259634) (previously cited) further in view of Smith (WO 2015160263) (previously cited).
Regarding claim 1, Yancey teaches a reusable estrus detection system comprising (Column 2, lines 40-42, “system, devices, and methods for detecting and identifying an animal in estrus”): disposable components (Col. 11, lines 26-27), suitable for single use comprising: i) an adhesive layer having a first side for attachment to a mammal and a second side opposite the first side (Column 11, lines 57-62, “Some or the entire bottom portion of the patch can be made of a material receptive to an adhesive (or adhesive strip) while the upper portion of the housing can be made of the same material or a different material with smoother characteristics”), reusable components suitable for one or more uses, the reusable components comprising: a housing assembly (housing 82), and a sensor apparatus contained within the housing assembly having a contact sensor for detecting contact (column 2, lines 48-50, “A pressure switch cover 102 provides a place in the housing 82 for the pressure switch to come into contact with a mounting animal. Generally, the pressure switch extends upwardly away from the cover 102 to present a compressible contact for mount detection.”) and a transmitter for transmitting contact information (antenna 22), wherein the housing assembly comprises a top surface in communication with the sensor apparatus (column 2, lines 48-50, “A pressure switch cover 102 provides a place in the housing 82 for the pressure switch to come into contact with a mounting animal. Generally, the pressure switch extends upwardly away from the cover 102 to present a compressible contact for mount detection.”; The housing 82 has a top surface that comprises the pressure switch cover 102. Pressure switch cover 102 is not the top surface. It is a part of the top surface. Figure 5 shows the top portion that contains the pressure switch cover 102 and is sealed 104 to a bottom surface that attaches to the subject.), wherein the top surface comprises a rounded, sloping shape (Figure 5 illustrates housing 82 having a rounded, sloping shape).
Yancey does not explicitly teach “a housing mount secured to the second side of the adhesive layer, the housing mount further comprising at least one tab extending from a semi-rigid base portion” and a reusable “housing assembly with at least one slot formed in a side or top surface of the housing assembly and configured to receive at least one tab, the housing assembly releasably interlocked with the at least one tab by elastic deflection of semi-rigid base portion of the housing mount” and “wherein the housing assembly comprises a flexible material as a top surface”.
Ginestet, in a related field of endeavor, teaches wearable physiological monitoring device (Fig. 6) comprising a housing mount (cradle 310) secured to the second side of the adhesive layer (Paragraph [0005], an adhesive patch device comprising a reusable component and a disposable component; [0102], an adhesive patch 300 and a cradle 310 disposed on top of the adhesive patch 300), the housing mount further comprising at least one tab (snap feature 610) extending upwards from a base (See Fig. 10; Paragraph [0128]); and a reusable housing assembly, with at least one slot (710) formed in a side or top surface of the housing assembly and configured to receive at least one tab (610), the housing assembly releasably interlocked with the at least one tab (610) by elastic deflection of the semi-rigid base portion of the housing mount (310) (Paragraph [0128], In some embodiments of the present disclosure, as shown in FIG. 9, the reusable component comprises a front snap feature 600 and a rear snap feature 610. In this embodiment, the front snap feature 600 is a flexible beam that engages with a latch on the cradle. As shown in FIG. 10, the cradle 310 comprises a flexible horizontal beam 700 that can flex sufficiently to allow the rear snap feature 610 to pass by it and then flex back to engage the protrusion of the rear snap feature to hold the reusable component in place. A slot 710 is cut in the cradle to allow the protrusion of the rear snap feature to engage the horizontal beam 700).
As a result, it would have been obvious to one of ordinary skill in the art to modify the housing of Yancey to include “a housing mount secured to the second side of the adhesive layer, the housing mount further comprising at least one tab extending from a semi-rigid base portion” and a reusable “housing assembly with at least one slot formed in a side or top surface of the housing assembly and configured to receive at least one tab, the housing assembly releasably interlocked with the at least one tab by elastic deflection of semi-rigid base portion of the housing mount” and “wherein the housing assembly comprises a flexible material as a top surface”. Doing so would allow the device to be more easily latched and unlatch (Paragraph [0126]), thus allowing for a user to more easily dispose and replace components in between uses.
Smith, in a related field of endeavor, teaches a device for sensing the reproductive status of a cow, wherein the housing assembly comprises a flexible material as a top surface. (Page 4, line 30, “The upper portion of the housing may be formed of a resilient, flexible material.”).
As a result, it would have been obvious to one of ordinary skill in the art to modified Yancey as modified to provide “wherein the housing assembly comprises a flexible material as a top surface”, as taught by Smith. Doing so allows the housing to be pressed when it comes into to contact with the animal. (Page 11 of Smith), which improves contact of the device.
Regarding claim 2, the combination teaches the reusable estrus detection system of claim 1, wherein the contact sensor (Yancey, Column 10, lines 17-20, a pressure switch cover 102 provides a place in the housing 82 for the pressure switch to come into contact with a mounting animal. Generally, the pressure switch extends upwardly away from the cover 102 to present a compressible contact for mount detection), and transmitter are connected through a printed board circuit assembly (Yancey, Column 10, lines 22-24, the transmitter device contains an RF printed circuit board and a pressure switch).
Regarding claim 4, the combination teaches wherein the at least one slot of the housing assembly mates with the at least one tab of the housing mount in a releasably interlocking manner to releasably secure the housing assembly to the housing mount (Ginestet, [0128], “In some embodiments of the present disclosure, as shown in FIG. 9, the reusable component comprises a front snap feature 600 and a rear snap feature 610. In this embodiment, the front snap feature 600 is a flexible beam that engages with a latch on the cradle.”; The slot is the latch that engages with the snap features (tab)). It would have been obvious to modify so as to place the snap features (tabs) on the cradle (housing mount) and latch (slot) on the reusable parts (housing) since it had been held that a mere reversal of parts is an obvious modification (see MPEP 2144.03(VI)(A) citing In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955) (Prior art disclosed a clock fixed to the stationary steering wheel column of an automobile while the gear for winding the clock moves with steering wheel; mere reversal of such movement, so the clock moves with wheel, was held to be an obvious modification.).
Regarding claim 7, the combination teaches wherein the housing assembly is secured to the housing mount with one or more clasps, hooks, or magnets in a releasably interlocking manner (Ginestet, [0128], “In some embodiments of the present disclosure, as shown in FIG. 9, the reusable component comprises a front snap feature 600 and a rear snap feature 610. In this embodiment, the front snap feature 600 is a flexible beam that engages with a latch on the cradle. The rear snap feature 610 is a rigid protrusion. As shown in FIG. 10, the cradle comprises a flexible horizontal beam 700 that can flex sufficiently to allow the rear snap feature 610 to pass by it and then flex back to engage the protrusion of the rear snap feature to hold the reusable component in place. A slot 710 is cut in the cradle to allow the protrusion of the rear snap feature to engage the horizontal beam 700”).
Regarding claim 8, the combination teaches wherein the contact sensor comprises a switch, a pressure sensor, or a capacitance sensor (Yancey, column 10, lines 20-21, “pressure switch comes into contact with a mounting animal. Generally, the pressure switch extends upwardly away from the cover 102 to present a compressible contact for mount detection”).
Regarding claim 11, the combination teaches wherein the flexible material comprises a top plastic layer of the housing assembly (Smith, page 4, line 30, “The upper portion of the housing may be formed of a resilient, flexible material.”)
Regarding claim 13, the combination teaches wherein the housing mount comprises at least one clip for securing at least a portion of the assembly housing in a releasably interlocking manner (Ginestet, [0128], “In some embodiments of the present disclosure, as shown in FIG. 9, the reusable component comprises a front snap feature 600 and a rear snap feature 610. In this embodiment, the front snap feature 600 is a flexible beam that engages with a latch on the cradle. The rear snap feature 610 is a rigid protrusion. As shown in FIG. 10, the cradle comprises a flexible horizontal beam 700 that can flex sufficiently to allow the rear snap feature 610 to pass by it and then flex back to engage the protrusion of the rear snap feature to hold the reusable component in place. A slot 710 is cut in the cradle to allow the protrusion of the rear snap feature to engage the horizontal beam 700”).
Regarding claim 15, the combination teaches wherein the sensor apparatus is configured to detect mounting attempts (Yancey, Column 9, lines 10-12, “sensing through the device a mount of the animal by the mounting animal and generating data related to sensing the mount”).
Regarding claim 16, the combination teaches wherein the sensor apparatus further comprises an accelerometer (Yancey, Column 9, lines 5-8, “placing a reusable or disposable device comprising…an accelerometer”).
Regarding claim 17, the combination teaches wherein data generated from the accelerometer is used to verify mounting attempts (Yancey, Column 9 lines, 5-13, “placing a reusable or disposable device… an accelerometer… sensing through the device a mount of the animal by the mounting animal and generating data related to sensing the mount”).
Regarding claim 18, the combination teaches wherein the semi-rigid base portion of the housing mounts permits elastic deflection to allow the releasable interlocking of the housing mount and the housing assembly (Ginestet, Paragraph [0128], “As shown in FIG. 10, the cradle comprises a flexible horizontal beam 700 that can flex sufficiently to allow the rear snap feature 610 to pass by it and then flex back to engage the protrusion of the rear snap feature to hold the reusable component in place.”).
Regarding claim 20, the combination teaches wherein the housing assembly comprises a modular and sealed housing assembly (Yancey, Column 2, lines 44-48, “Such a system comprises a hermetically sealed housing”).
Regarding claim 21, Yancey teaches a method of detecting estrus in one or more mammals comprising (Yancey, Column 2, lines 40-42, “system, devices, and methods for detecting and identifying an animal in estrus”): securing a reusable estrus detection system to a mammal (Yancey, column 3, lines 29-34, “method comprises placing a transmitter device on the tailhead of a female animal of the particular breed or species”), the reusable estrus detection system comprising: disposable components suitable for a single use, the disposable components comprising: i) an adhesive layer having a first side and a second side (Yancey, Column 11, lines 44-50, “the transmitter is mounted to the sacrum (tail head) of the animal using glue or similar adhesive. The glue can be attached to an adhesive strip…Some or the entire bottom portion of the patch can be made of a material receptive to an adhesive (or adhesive strip) while the upper portion of the housing can be made of the same material or a different material with smoother characteristics”); and reusable components suitable for one or more uses, the reusable components comprising: a sensor apparatus contained within the housing assembly (Brief summary of the Invention, (24), “the housing and its contents are reusable”), the sensor apparatus having a power source coupled to a contact sensor for detecting contact (column 2, lines 48-50, “A pressure switch cover 102 provides a place in the housing 82 for the pressure switch to come into contact with a mounting animal. Generally, the pressure switch extends upwardly away from the cover 102 to present a compressible contact for mount detection.”) and a transmitter for transmitting contact information (antenna 22), wherein the housing assembly has a top surface in communication with the sensor apparatus (column 2, lines 48-50, “A pressure switch cover 102 provides a place in the housing 82 for the pressure switch to come into contact with a mounting animal. Generally, the pressure switch extends upwardly away from the cover 102 to present a compressible contact for mount detection.”; The housing 82 has a top surface that comprises the pressure switch cover 102. Pressure switch cover 102 is not the top surface. It is a part of the top surface. Figure 5 shows the top portion that contains the pressure switch cover 102 and is sealed 104 to the bottom surface that attaches to the subject.) and wherein the top surface comprises a rounded, sloping shape with limited or no edges (Figure 5 shows housing 82 having a rounded, sloping shape with limited to no sides and edges); operating the reusable estrus detection system to detect estrus in the first mammal (Column 3 lines 7-29, methods of characterizing the estrus cycle of a particular breed or species… “(h)making a determination of whether the animal is in estrus based on the data”); removing the reusable estrus detection system from the first mammal and releasing the housing assembly from the housing mount (Column 10, lines 62-63, “In some embodiments, a safety strap 114 is attached to the patch 110 to facilitate easy removal of the patch from the animal”); replacing the disposable components with new disposable components including a new adhesive layer having a first side and a second side (Column 12, lines 2-4, “The patch can be permanently or temporarily attached to the stabilization device using adhesive, screws, clamps, etc.”, Column 12, lines 48-50, “The device can be disposable”), and a new housing mount secured to the second side of the new adhesive layer (Column 11, lines 55-56, “the detection device is inserted into a patch”); and securing the reusable estrus detection system to the first mammal or to a second mammal with the new adhesive layer (Column 11, lines 55-61, “patch can be mounted to the animal using glue or similar adhesive, an adhesive strip, etc.”; Column 11 line 63-Column 12 line 4, “The stabilization device is attached to the tail head of the animal using glue or similar adhesive, an adhesive strip, etc.”).
Yancey does not explicitly teach “a housing mount, comprising at least one tab extending upward from a semi-rigid base portion secured to the second side of the adhesive layer”, a reusable “housing assembly with at least one slot formed in a side or top surface of the housing assembly and configured to receive at least one tab, the housing assembly releasably mounted with the at least one tab by elastic deflection of the semi-rigid base portion of the housing mount”, and “wherein the top surface of the housing assembly comprises a flexible material as a top surface”.
Ginestet teaches a housing mount (cradle 310) comprising at least one tab (610) extending upward from a semi-rigid base portion and secured to the second side of the adhesive layer ([0005], “an adhesive patch device comprising a reusable component and a disposable component; [0102], an adhesive patch 300 and a cradle 310 disposed on top of the adhesive patch 300; See Fig. 10; [0128], one upward extending tab (610) secured to the second side of the adhesive layer) and a reusable housing assembly with at least one slot (710) formed in a side or top surface of the housing assembly and configured to receive at least one tab (610), the housing assembly being releasably mounted with the at least one tab (610) of the housing mount by elastic deflection of the housing mount ([0128], In some embodiments of the present disclosure, as shown in FIG. 9, the reusable component comprises a front snap feature 600 and a rear snap feature 610. In this embodiment, the front snap feature 600 is a flexible beam that engages with a latch on the cradle. As shown in FIG. 10, the cradle comprises a flexible horizontal beam 700 that can flex sufficiently to allow the rear snap feature 610 to pass by it and then flex back to engage the protrusion of the rear snap feature to hold the reusable component in place. A slot 710 is cut in the cradle to allow the protrusion of the rear snap feature to engage the horizontal beam 700).
As a result, it would have been obvious to one of ordinary skill in the art to modify the housing of Yancey to include “a housing mount, comprising at least one tab extending upward from a semi-rigid base portion and secured to the second side of the adhesive layer” and a reusable “housing assembly with at least one slot formed in a side or top surface of the housing assembly and configured to receive the at least one tab, the housing assembly being releasably mounted with the at least one tab of the housing mount through by elastic deflection of the housing mount” as taught by Ginestet. Doing so would allow the device to be more easily latched and unlatch (Paragraph [0126]), thus allowing for a user to more easily dispose and replace components in between uses.
Smith, as previously discussed, teaches wherein the housing assembly comprises a flexible material as a top surface. (Page 4, line 30, “The upper portion of the housing may be formed of a resilient, flexible material.”).
As a result, it would have been obvious to one of ordinary skill in the art to modified Yancey as modified to provide “wherein the housing assembly comprises a flexible material as a top surface”, as taught by Smith. Doing so allows the housing to be pressed when it comes into to contact with the animal. (Page 11 of Smith), which improves contact of the device.
Regarding claim 22, the combination teaches wherein the step of removing the reusable estrus detection system occurs after the detection of estrus or insemination (Yancey, column 3, lines 45-49, “steps (c) through (h) are repeated over about 2 weeks to about 2 years to characterize the estrus cycle.”; Column 10, lines 62-64, “In some embodiments, a safety strap 114 is attached to the patch 110 to facilitate easy removal of the patch from the animal”).
Regarding claim 24, the combination teaches wherein the one or more mammals comprise bovids (Yancey, Column 5, lines 62-67, “methods and systems described herein are applicable to estrus detection in females of the following animals: cattle (including Bos taurus and Bos indicus), goats, sheep, musk ox, reindeer, donkeys, horses, pigs, llamas, alpacas, yak, buffalo, bison, camels, deer, elk, water buffalo, etc.”).
Regarding claim 25, the combination teaches wherein the semi-rigid base portion of the housing mount is elastically deflected to allow the releasable interlocking of the housing mount and the housing assembly (Ginestet, [0128], “As shown in FIG. 10, the cradle comprises a flexible horizontal beam 700 that can flex sufficiently to allow the rear snap feature 610 to pass by it and then flex back to engage the protrusion of the rear snap feature to hold the reusable component in place.”).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Yancey in view of Ginestet further in view of Smith, as applied to claim 21 above, further in view of Leonardo (US 4846106) (previously cited).
Regarding claim 23, Yancey as modified does not teach “wherein the step of securing the reusable estrus detection system to the same mammal or to a different mammal comprises securing the estrus detection device onto the second mammal.”
Leonardo, in a related field of endeavor, teaches an apparatus for detecting standing heat in cattle wherein the step of securing the reusable estrus detection system to the same mammal or to a different mammal comprises securing the estrus detection device onto a second mammal (Column 6, lines 9-12, assembly may be removed from the sleeve secured to the cow, and reinserted in another sleeve. The new assembly is then ready to be adhered to another cow for further use).
As a result, it would have been obvious to one of ordinary skill in the art prior to the effective filling date to have modified Yancey as modified to incorporate “wherein the step of securing the reusable estrus detection system to the same mammal or to a different mammal comprises securing the estrus detection device onto the second mammal” as taught by Leonardo. Doing so would allow one of ordinary skill to enhance the method to allow for use on multiple different animals.
Response to Arguments
Applicant's arguments, see Remarks, filed 01/14/2026, with respect to the U.S.C. 103 rejections have been fully considered but they are not persuasive.
As amended, claim 1 now requires “at least one tab extending upward from a semi-rigid base portion” and “at least one slot formed in a side or top surface of the housing assembly and configured to receive at least one tab, the housing assembly releasably interlocked with the at least one tab by elastic deflection of semi-rigid base portion of the housing mount”, which is taught by Ginestet (See Fig. 10; Paragraph [0128]). As shown in Fig. 10, the cradle 310 comprises a flexible horizontal beam 700 that can flex sufficiently to allow the rear snap feature 610 to pass by it and then flex back to engage the protrusion of the rear snap feature to hold the reusable component in place.) Hence, the flexible nature of the cradle of Ginestet contemplates semi-rigid and elastically deformative properties when interlocked with the tab.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Om A. Patel whose telephone number is (571)272-6331. The examiner can normally be reached Monday - Friday 8 a.m. - 5 p.m..
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/OM PATEL/Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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