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 Amendment
The previous claim objections to claims 1 and 12 and rejections of claims under 35 U.S.C. 112(a) and 112(b) have all been rendered moot and thus the previous claim objections and rejections under 35 U.S.C. 112(a) and 112(b) have been withdrawn.
Claims 1, 12, and 20 have been amended. Claims 1-6, 8, 10-17, and 19-23 remain pending.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, 8, 10-17, and 19-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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.
Claims 1, 12, and 20 are indefinite where the claim language is unclear where each of the claims recites “wherein the valve is the only valve that (1) is located between the valve and the reservoir”. It is unclear how the claimed valve in each of the independent claims can be between itself and the reservoir, and this lack of clarity renders the claim indefinite. For the purposes of compact prosecution, Examiner has understood the claim to mean that there are no valves in between the valve and the reservoir/that only a single valve is present along the fluidic path between the reservoir and the delivery outlet, however the language in each of the independent claims must be clarified.
Claims 5-6, 8, 10-11, 13-17, 19, and 21-23 are rendered indefinite due to their dependency on, and thus requirement of the indefinite limitations of, claims 1, 12, and 20, respectively.
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.
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.
Claim(s) 1-6, 8, 10-17, and 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackwood et al. (US 20170360540, henceforth Jackwood, previously made of record) in view of Kilstofte (US Pat. No. 4248176, henceforth Kilstofte, previously made of record) and Pratt (US Pat. No. 4910024, henceforth Pratt, previously made of record).
Regarding claim 1, Jackwood discloses a system (assembly of figs. 1 and 4) for delivering a fluid (composition 12, fig. 1) to an animal (day-old chickens, [0005]) comprising a reservoir (vessel 100, fig. 1) having a volume of fluid (see fig. 1, vessel 100 has a volume of composition 12 therein); a delivery outlet (tube 28 and nozzle 26, fig. 1); and a valve (valve 24, fig. 1) in fluid communication with the reservoir (valve 24 is in fluid communication with the vessel 100 as shown in fig. 1) and the delivery outlet (see fig. 1), wherein the valve is the only valve that (1) is located between the valve and the reservoir (see fig. 1, there is only 1 valve in the system) and (2) switches between a first output and a second output during operation of the system (the claimed first output is a first spraying of chicks, and the claimed second output is a second spraying of different chicks; the claim does not provide any requirements as to what the outputs are or how they are different), the valve having a valve inlet (see fig. 1, the valve inlet of valve 24 is the point where valve 24 meets with outlet tube 18 as shown) configured to receive fluid from the reservoir (see fig. 1, the called out inlet is configured to receive fluid from the vessel 100 via tube 18) and a valve outlet (see fig. 1, the outlet of valve 24 is the point where valve 24 meets with tube 28 as shown; Examiner also notes [0024], “Valve 24 may be placed as close to nozzle 26 as possible to minimize the connection between them, e.g., tube 28.”) in fluid communication with the delivery outlet (see fig. 1, they are in fluid communication via tube 28), wherein (1) the valve is directly connected with the delivery outlet (see fig. 1, they are directly connected) so that there are no other valves downstream of the valve (see fig. 1, there are no valves downstream of the valve) and (2) the delivery outlet is configured to deliver the fluid out of the system to the animal (see at least [0002], [0023], and [0025]); a controller (controller 418, fig. 4) for opening and closing the valve ([0034]). Jackwood additionally teaches that a variety of mixing methodologies can be employed to achieve uniform suspension in the reservoir, including use of a mixing mechanism in the reservoir or mixing through movement of the fluid in the reservoir ([0027]).
Jackwood does not disclose the system comprising a pump comprising a pump outlet and an inlet in fluid communication with the reservoir; where the valve is in fluid communication with the pump outlet of the pump, with the valve inlet configured to receive fluid from the pump outlet, wherein the pump is configured to pump fluid at a predetermined flow rate from the reservoir to the valve which is configured to return the fluid through a reservoir return conduit and back to a portion of the reservoir that is below a top level of fluid in the reservoir so that only this pumping of fluid out of the reservoir, to the valve and back to the reservoir is configured to maintains the fluid as a uniform suspension preventing settling of components. Kilstofte teaches a system (assembly of fig. 5; note that this is the relied upon embodiment, but structures are shown in greater detail in fig. 3 for an alternative embodiment; structures called out in fig. 3 are for illustrative purposes while the arrangement of fig. 5 is relied upon) for delivering a fluid (medicated fluid 26, fig. 3) to an animal (livestock, see Abstract) comprising a reservoir (tank 10, fig. 3) having a volume of fluid (see fig. 3, the tank 10 holds an amount of fluid 26); a delivery outlet (outlet line 40, fig. 3); and a three-way connector (see fig. 3, there is a three-way connector shown which joins conduit 36, conduit 42, and tank outlet 38) in fluid communication with the reservoir (see fig. 3, the connector receives fluid from pump outlet line 36 which receives fluid from tank 10 via pump opening 32 and pump 30) and the delivery outlet (see fig. 3, the connector is in fluid connection with line 40 via tank outlet 38), wherein (1) the connector is directly connected with the delivery outlet (see fig. 3, the structures are immediately joined together) and (2) the delivery outlet is configured to deliver the fluid out of the system to the animal (see Col. 3 line 59 – Col. 4 line 25); and a pump (pump 30, fig. 3) comprising a pump outlet (line 36, fig. 3) and an inlet (pump opening 32, fig. 3) in fluid communication with the reservoir (see fig. 3 and see Col. 3 lines 41-58); where the connector is in fluid communication with the pump outlet of the pump (see fig. 3, they are immediately joined at the connector inlet), with the inlet configured to receive fluid from the pump outlet (see fig. 3), wherein the pump is configured to pump fluid at a predetermined flow rate from the reservoir to the connector (the rate at which pump 30 pumps fluid is a predetermined flow rate relative to the use of the device) which is configured to return the fluid through a reservoir return conduit (see Col. 3 lines 41-58 and line 62 – Col. 4 line 25; the reservoir return conduit is conduit 42 which is also referred to as a recirculation line) and back to a portion of the reservoir that is below a top level of fluid in the reservoir (see fig. 3, recirculation openings 44 and 46 are below the top level of fluid) so that only this pumping of fluid out of the reservoir, to the valve and back to the reservoir is configured to maintains the fluid as a uniform suspension preventing settling of components (see Abstract, this is the purpose of the recirculation system).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the recirculation system of Kilstofte as a means of mixing the fluid in Jackwood as Kilstofte teaches its recirculation system to be beneficial for providing a homogenous mixture and for preventing clogging (see Col. 2 lines 6-9).
In the modified device, it is unclear how the valve of Jackwood and three-way connector of Kilstofte would be integrated together to yield a functional system. Pratt teaches the use of a three-way valve (valve 120, fig. 1) in a recirculation system (system of fig. 1) which has a valve inlet (in port 121, fig. 1) in fluid communication with a pump outlet (out port 42 of pump 40, fig. 1) and a reservoir (vessel 20, fig. 1) where the valve has a first outlet (out port 123, fig. 1) which is in fluid communication with and directly connected to a delivery outlet (see fig. 1, the delivery outlet is outlet nozzle 124) and a second outlet (bypass port 122, fig. 1) which is connected to a recirculation line (conduit 125, fig. 1) similar to the arrangement of Kilstofte (see Kilstofte fig. 3, valve 120 of Pratt is arranged similarly to the three way connector as shown) while providing for valved connections as in Jackwood (see Jackwood [0024] which teaches use of a valve to prevent pressurized fluid from escaping).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a three-way valve to connect the recirculation line added from Kilstofte in the modified device to the reservoir outlet and pump and to the delivery outlet as Pratt teaches a three-way valve to be known as an art effective means of maintaining fluid flow as desired in a pressurized recirculation system with a pump forcing constant fluid movement as a part of recirculation (see at least Pratt Col. 8 line 56 – Col. 9 line 13).
Thus, the modified device is the system of Jackwood (as shown in Jackwood figs. 1 and 4) with the valve of Jackwood (valve 24, fig. 1) replaced with a three-way valve as in Pratt (valve 120, fig. 1), with the inlet of the valve coming from the reservoir (outlet tube 18 of Jackwood as shown in fig. 1), the first valve outlet being directed to the delivery outlet of Jackwood (see Jackwood fig. 1, the first outlet of the three-way valve would be connected to tube 28), and the second valve outlet being directed towards the added recirculation line from Kilstofte (see Kilstofte fig. 3, recirculation line 42 is added and runs between the three-way valve from Pratt back to vessel 100 of Jackwood in the modified device, and the connection between the valve and the tube which runs from the valve to the tank is the second valve outlet). This recirculation line from Kilstofte would be arranged as in Kilstofte where it feeds to the bottom of the reservoir (see Kilstofte fig. 3 which shows that this helps to mix the fluid). The added pump from Kilstofte which drives the recirculation (pump 30, fig. 5) would also be mounted in the same manner as taught by Kilstofte, which is on the outside of the housing of Jackwood (see fig. 5 of Kilstofte which shows the arrangement; this addition could be done onto housing 10 of Jackwood), with the pump 30 pulling fluid from inside the bottom of the reservoir via a first conduit and pushing fluid through the conduit towards the valve (in the modified device, this could be achieved by inserting pump 30 to act on outlet tube 18 of Jackwood).
{Examiner notes that all subsequent references are to Jackwood unless otherwise specified.}
Regarding claim 2, Jackwood as modified discloses the system of claim 1 wherein the delivery outlet is a nozzle (see fig. 1, the outlet is referred to as nozzle 26).
Regarding claim 3, Jackwood as modified discloses the system of claim 2 wherein the nozzle is either an air atomizing spray nozzle (see [0025], since nozzle 26 is a spray nozzle which uses air to make a spray, it is an air atomizing spray nozzle) or a hydraulic spray nozzle.
Regarding claim 4, Jackwood as modified discloses the system of claim 1 wherein the delivery outlet is an injector (the nozzle 26 is considered to be an injector where it injects a spray of the composition 12 onto the day old chickens, see [0001] and [0002]).
Regarding claim 5, Jackwood as modified discloses the system of claim 4 wherein the injector is needleless (see fig. 1, there is no needle).
Regarding claim 6, Jackwood as modified discloses the system of claim 1 wherein the controller comprises a computerized control system in communication with the valve (see fig. 4, valve controller 418 is shown being in communication with the valve via a wire).
Regarding claim 8, Jackwood as modified discloses the system of claim 1 further comprising a pressure source in communication with the fluid reservoir and the pump (pressurized gas source 300, fig. 3, is in contact with vessel 100 via gas inlet tube 14, and is in communication with added pump 30 of Kilstofte via tube 18 of Jackwood which Kilstofte operates on).
Regarding claim 22, Jackwood as modified does not explicitly disclose the system of claim 8 wherein the pressure source is 15 psi. However, Jackwood as modified discloses that the pressure source is configured to hold from 10-100 psi ([0024]), and that pressure applied to an outlet nozzle can be determined by one of ordinary skill in the art such as to vary the desired droplet size or spray distribution when using an air atomizing spray nozzle ([0025]) for delivery of a suspension (see Abstract).
Since Jackwood discloses that pressure applied to an outlet nozzle can be determined by one of ordinary skill in the art such as to vary the desired droplet size or spray distribution and discloses that its vessel is configured for being pressurized in a range which includes the claimed pressure, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have set the pressure coming from the pressure source of Jackwood to the claimed pressure since this pressure is held to be a result effective variable which can be changed for the optimization of droplet size and spray characteristics and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Additionally, Applicant provides no criticality for the specific pressure. The specification contains no disclosure of either the critical nature of the claim limitations nor any unexpected results arising therefrom. Such unsupported limitations cannot be the basis for patentability, since where patentability is said to be based upon particular variables in the claim, the applicant must show that the chosen variables are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ 2d 1934 (Fed. Cir. 1990).
Regarding claim 10, Jackwood as modified discloses the system of claim 1 wherein the fluid is a vaccine (viral and bacterial vaccines, see Abstract), biologic, or medicament.
Regarding claim 11, Jackwood as modified discloses the system of claim 1 wherein the reservoir is configured so that no device is in the reservoir that can stir, agitate, or mix the fluid in the reservoir (see fig. 1, there is no mixing element in the reservoir, and note that in the modified device, the pump 30 which is used for mixing the reservoir via recirculation from Kilstofte is added to the exterior of the tank as is shown in Kilstofte fig. 5 and taught as an acceptable arrangement; note also Jackwood [0027] which teaches that methods of mixing which do not require mixing elements are acceptable for use in the system).
Regarding claim 21, Jackwood as modified discloses the system of claim 1 wherein there is a flow rate in the reservoir return conduit (in the modified system, the flow rate in the added reservoir return conduit from Kilstofte must exist to allow for recirculation to occur to maintain homogeneity). Jackwood additionally teaches a fluid flow rate (flow rate of [0002]) which can be varied depending on other aspects of the system (see [0005] and [0023]). Thus, it is considered that flow rate inside a system is a result effective variable which can be determined by one of ordinary skill in the art to optimize output characteristics (in this case, the output characteristics are droplet size and dispersion area as in [0002] and [0024]-[0025]).
Jackwood as modified does not explicitly disclose the system wherein the flow rate in the reservoir return conduit is 60 milliliters per minute.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the flow rate in the system (including that in the reservoir return conduit) since Jackwood discloses that flow rate is a result effective variable which can be optimized for changing spray characteristics ([0002], [0023], [0025]) and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Additionally, Applicant provides no criticality for the specific flow rate. The specification contains no disclosure of either the critical nature of the claim limitations nor any unexpected results arising therefrom. Such unsupported limitations cannot be the basis for patentability, since where patentability is said to be based upon particular variables in the claim, the applicant must show that the chosen variables are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ 2d 1934 (Fed. Cir. 1990).
Regarding claim 12, Jackwood discloses a system (assembly of figs. 1 and 4) for delivering a substance (composition 12, fig. 1) to an animal (day-old chickens, [0005]) comprising: a reservoir (vessel 100, fig. 1) having a volume of fluid (see fig. 1, vessel 100 has a volume of composition 12 therein); a delivery outlet (tube 28 and nozzle 26, fig. 1) that immediately outputs the fluid to the animal ([0025]); a valve (valve 24, fig. 1) located outside of the reservoir (see fig. 4) having an outlet (see fig. 1, the outlet of valve 24 is the point where valve 24 meets with tube 28 as shown; Examiner also notes [0024], “Valve 24 may be placed as close to nozzle 26 as possible to minimize the connection between them, e.g., tube 28.”) and an inlet (see fig. 1, the valve inlet of valve 24 is the point where valve 24 meets with outlet tube 18 as shown), the valve outlet being connected with an input of the delivery outlet (see fig. 1, the input of the delivery outlet is the point at tube 18 where valve 24 meets with tube 18, and they are connected at that point) so that the valve and delivery outlet are directly connected together (see fig. 1), wherein the valve is the only valve that (1) is located between the valve and the reservoir (see fig. 1, there is only 1 valve in the system) and (2) switches between a first output and a second output during operation of the system (the claimed first output is a first spraying of chicks, and the claimed second output is a second spraying of different chicks; the claim does not provide any requirements as to what the outputs are or how they are different), wherein the valve outlet is in fluid communication with the delivery outlet (see fig. 1, they are in fluid communication at tube 28), the valve having a first position in which the valve enables fluid flow from the reservoir to the delivery outlet (this is the open position of valve 24, see [0024]); a controller (controller 418, fig. 4) for controlling the positions of the valve ([0034]). Jackwood additionally teaches that a variety of mixing methodologies can be employed to achieve uniform suspension in the reservoir, including use of a mixing mechanism in the reservoir or mixing through movement of the fluid in the reservoir ([0027]).
Jackwood does not disclose the system comprising the valve where the valve inlet is in fluid communication with a reservoir return conduit, the valve having a second position which enables fluid flow through the reservoir return conduit; and a pump to pump fluid from the reservoir to the inlet of the valve which returns the fluid through the reservoir return conduit and back to the reservoir so that this pumping of fluid, at a predetermined flow rate, out of the reservoir, to the valve and back to the reservoir maintains the fluid as a uniform suspension preventing settling of components. Kilstofte teaches a system (assembly of fig. 5; note that this is the relied upon embodiment, but structures are shown in greater detail in fig. 3 for an alternative embodiment; structures called out in fig. 3 are for illustrative purposes while the arrangement of fig. 5 is relied upon) for delivering a substance (medicated fluid 26, fig. 3) to an animal (livestock, see Abstract) comprising a reservoir (tank 10, fig. 3) having a volume of fluid (see fig. 3, the tank 10 holds an amount of fluid 26); a delivery outlet (outlet line 40, fig. 3); and a three-way connector (see fig. 3, there is a three-way connector shown which joins conduit 36, conduit 42, and tank outlet 38) in fluid communication with the reservoir (see fig. 3, the connector receives fluid from pump outlet line 36 which receives fluid from tank 10 via pump opening 32 and pump 30) and the delivery outlet (see fig. 3, the connector is in fluid connection with line 40 via tank outlet 38) with an inlet (see fig. 3, the inlet is the connection between the connector and line 36) in fluid communication with a reservoir return conduit (the reservoir return conduit is line 42 which is in fluid communication with the connector inlet via the connector); and a pump (pump 30, fig. 3) to pump fluid from the reservoir to the inlet of the connector (see Col. 3 lines 41-58) which returns the fluid through the reservoir return conduit and back to the reservoir (see Col. 3 lines 41-58) so that this pumping of fluid, at a predetermined flow rate (the rate at which pump 30 pumps fluid is a predetermined flow rate relative to the use of the device), to the connector and back to the reservoir maintains the fluid as a uniform suspension preventing settling of components (see Abstract, this is the purpose of the recirculation system).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the recirculation system of Kilstofte as a means of mixing the fluid in Jackwood as Kilstofte teaches its recirculation system to be beneficial for providing a homogenous mixture and for preventing clogging (see Col. 2 lines 6-9).
In the modified device, it is unclear how the valve of Jackwood and three-way connector of Kilstofte would be integrated together to yield a functional system. Pratt teaches the use of a three-way valve (valve 120, fig. 1) in a recirculation system (system of fig. 1) which has a valve inlet (in port 121, fig. 1) in fluid communication with a pump outlet (out port 42 of pump 40, fig. 1) and a reservoir (vessel 20, fig. 1) where the valve has a first outlet (out port 123, fig. 1) which is in fluid communication with and directly connected to a delivery outlet (see fig. 1, the delivery outlet is outlet nozzle 124) and a second outlet (bypass port 122, fig. 1) which is connected to a recirculation line (conduit 125, fig. 1) similar to the arrangement of Kilstofte (see Kilstofte fig. 3, valve 120 of Pratt is arranged similarly to the three way connector as shown) while providing for valved connections as in Jackwood (see Jackwood [0024] which teaches use of a valve to prevent pressurized fluid from escaping).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a three-way valve to connect the recirculation line added from Kilstofte in the modified device to the reservoir outlet and pump and to the delivery outlet as Pratt teaches a three-way valve to be known as an art effective means of maintaining fluid flow as desired in a pressurized recirculation system with a pump forcing constant fluid movement as a part of recirculation (see at least Pratt Col. 8 line 56 – Col. 9 line 13).
Thus, the modified device is the system of Jackwood (as shown in Jackwood figs. 1 and 4) with the valve of Jackwood (valve 24, fig. 1) replaced with a three-way valve as in Pratt (valve 120, fig. 1), with the inlet of the valve coming from the reservoir (outlet tube 18 of Jackwood as shown in fig. 1), the first valve outlet being directed to the delivery outlet of Jackwood (see Jackwood fig. 1, the first outlet of the three-way valve would be connected to tube 28), and the second valve outlet being directed towards the added recirculation line from Kilstofte (see Kilstofte fig. 3, recirculation line 42 is added and runs between the three-way valve from Pratt back to vessel 100 of Jackwood in the modified device, and the connection between the valve and the tube which runs from the valve to the tank is the second valve outlet). This recirculation line from Kilstofte would be arranged as in Kilstofte where it feeds to the bottom of the reservoir (see Kilstofte fig. 3 which shows that this helps to mix the fluid). The added pump from Kilstofte which drives the recirculation (pump 30, fig. 5) would also be mounted in the same manner as taught by Kilstofte, which is on the outside of the housing of Jackwood (see fig. 5 of Kilstofte which shows the arrangement; this addition could be done onto housing 10 of Jackwood), with the pump 30 pulling fluid from inside the bottom of the reservoir via a first conduit and pushing fluid through the conduit towards the valve (in the modified device, this could be achieved by inserting pump 30 to act on outlet tube 18 of Jackwood).
{Examiner notes that all subsequent references are to Jackwood unless otherwise specified.}
Regarding claim 13, Jackwood as modified discloses the system of claim 12 wherein the delivery outlet is a nozzle (see fig. 1, the outlet is referred to as nozzle 26).
Regarding claim 14, Jackwood as modified discloses the system of claim 13 wherein the nozzle is either a spray nozzle (see [0025], nozzle 26 is a spray nozzle which uses air to make a spray) or a hydraulic nozzle.
Regarding claim 15, Jackwood as modified discloses the system of claim 12 wherein the delivery outlet is an injector (the nozzle 26 is considered to be an injector where it injects a spray of the composition 12 onto the day old chickens, see [0001] and [0002]).
Regarding claim 16, Jackwood as modified discloses the system of claim 15 wherein the injector is needleless (see fig. 1, there is no needle).
Regarding claim 17, Jackwood as modified discloses the system of claim 12 further comprising a pressure source in fluid communication with the fluid reservoir and the pump (pressurized gas source 300, fig. 3, is in contact with vessel 100 via gas inlet tube 14, and is in communication with added pump 30 of Kilstofte via tube 18 of Jackwood which Kilstofte operates on).
Regarding claim 19, Jackwood as modified discloses the system of claim 12 wherein the fluid is either a vaccine (viral and bacterial vaccines, see Abstract), biologic, or medicament.
Regarding claim 20, Jackwood discloses a method of delivering a fluid (composition 12, fig. 1) to an animal (day-old chickens, [0005]) comprising the steps of: providing a reservoir (vessel 100, fig. 1) having a volume of fluid therein (see fig. 1, vessel 100 has a volume of composition 12 therein); providing a delivery outlet (tube 28 and nozzle 26, fig. 1) configured to spray animals (see at least [0001], [0002], and [0025]); providing a valve (valve 24, fig. 1) in fluid communication between the reservoir and delivery outlet (see fig. 1) so that the valve is directly connected with the delivery outlet (see fig. 1, they are directly connected) so that there are no other valves downstream of the valve prior to delivering the fluid to the animal using the delivery outlet (see fig. 1, there are no valves downstream of the valve), the valve comprising (1) an inlet (see fig. 1, the valve inlet of valve 24 is the point where valve 24 meets with outlet tube 18 as shown) configured to receive fluid from the reservoir (see fig. 1, the called out inlet is configured to receive fluid from the vessel 100 via tube 18), and (2) a first outlet (see fig. 1, the outlet of valve 24 is the point where valve 24 meets with tube 28 as shown; Examiner also notes [0024], “Valve 24 may be placed as close to nozzle 26 as possible to minimize the connection between them, e.g., tube 28.”) that is positioned at the delivery outlet (see fig. 1, they are connected directly adjacent to each other), wherein the inlet, the first outlet and the delivery outlet are configured such that when the valve is in an open position, a first channel of the valve allows the fluid from the reservoir to be in fluid communication with the delivery outlet (this is the open position of valve 24, see [0024]), wherein the valve is the only valve that (1) is located between the valve and the reservoir (see fig. 1, there is only 1 valve in the system) and (2) switches between a first output and a second output during operation of the system (the claimed first output is a first spraying of chicks, and the claimed second output is a second spraying of different chicks; the claim does not provide any requirements as to what the outputs are or how they are different); providing a valve controller (controller 418, fig. 4). Jackwood additionally teaches that a variety of mixing methodologies can be employed to achieve uniform suspension in the reservoir, including use of a mixing mechanism in the reservoir or mixing through movement of the fluid in the reservoir ([0027]).
Jackwood does not disclose the method comprising providing a pump to pump the volume of fluid and pumping fluid from the reservoir to the valve so that only this pumping of fluid, at a predetermined flow rate, out of the reservoir, to the valve and back to a portion of the reservoir that is below a top level of fluid in the reservoir keeps a particulate constantly suspended in the fluid, or the valve configured such that when the valve is in a closed position, the valve is configured so that the fluid from the reservoir is not in fluid communication with the delivery outlet but instead a second channel of the valve returns the fluid to the reservoir via the reservoir return conduit. Kilstofte teaches a system (assembly of fig. 5; note that this is the relied upon embodiment, but structures are shown in greater detail in fig. 3 for an alternative embodiment; structures called out in fig. 3 are for illustrative purposes while the arrangement of fig. 5 is relied upon) for delivering a substance (medicated fluid 26, fig. 3) to an animal (livestock, see Abstract) comprising a reservoir (tank 10, fig. 3) having a volume of fluid (see fig. 3, the tank 10 holds an amount of fluid 26); a delivery outlet (outlet line 40, fig. 3); and a three-way connector (see fig. 3, there is a three-way connector shown which joins conduit 36, conduit 42, and tank outlet 38) in fluid communication with the reservoir (see fig. 3, the connector receives fluid from pump outlet line 36 which receives fluid from tank 10 via pump opening 32 and pump 30) and the delivery outlet (see fig. 3, the connector is in fluid connection with line 40 via tank outlet 38); and a pump (pump 30, fig. 3) comprising a pump outlet (line 36, fig. 3) and an inlet (pump opening 32, fig. 3) in fluid communication with the reservoir (see fig. 3 and see Col. 3 lines 41-58); where the connector is in fluid communication with the pump outlet of the pump (see fig. 3, they are immediately joined at the connector inlet), with the inlet configured to receive fluid from the pump outlet (see fig. 3), wherein the pump pumps fluid at a predetermined flow rate from the reservoir to the connector (the rate at which pump 30 pumps fluid is a predetermined flow rate relative to the use of the device) and back to the reservoir through a reservoir return conduit (see Col. 3 lines 41-58 and line 62 – Col. 4 line 25; the reservoir return conduit is conduit 42 which is also referred to as a recirculation line) and back to a portion of the reservoir that is below a top level of fluid in the reservoir (see fig. 3, recirculation openings 44 and 46 are below the top level of fluid) so that only this pumping of fluid out of the reservoir, to the valve and back to the reservoir is keeps a particulate constantly suspended in the fluid (see Abstract, this is the purpose of the recirculation system).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the recirculation system of Kilstofte as a means of mixing the fluid in Jackwood as Kilstofte teaches its recirculation system to be beneficial for providing a homogenous mixture and for preventing clogging (see Col. 2 lines 6-9).
In the modified device, it is unclear how the valve of Jackwood and three-way connector of Kilstofte would be integrated together to yield a functional system. Pratt teaches the use of a three-way valve (valve 120, fig. 1) in a recirculation system (system of fig. 1) which has a valve inlet (in port 121, fig. 1) in fluid communication with a pump outlet (out port 42 of pump 40, fig. 1) and a reservoir (vessel 20, fig. 1) where the valve has a first outlet (out port 123, fig. 1) which is in fluid communication with and directly connected to a delivery outlet (see fig. 1, the delivery outlet is outlet nozzle 124) and a second outlet (bypass port 122, fig. 1) which is connected to a recirculation line (conduit 125, fig. 1) similar to the arrangement of Kilstofte (see Kilstofte fig. 3, valve 120 of Pratt is arranged similarly to the three way connector as shown) while providing for valved connections as in Jackwood (see Jackwood [0024] which teaches use of a valve to prevent pressurized fluid from escaping). This three-way valve of Pratt thus teaches the valve being configured such that when the valve is in a closed position (this is when the normally open bypass port 122 of valve 120 is opened, see Col. 8 line 56 – Col. 9 line 13), the valve is configured so that the fluid from the reservoir is not in fluid communication with the delivery outlet but instead a second channel of the valve returns the fluid to the reservoir via the reservoir return conduit (see Col. 8 line 56 – Col. 9 line 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a three-way valve to connect the recirculation line added from Kilstofte in the modified device to the reservoir outlet and pump and to the delivery outlet as Pratt teaches a three-way valve to be known as an art effective means of maintaining fluid flow as desired in a pressurized recirculation system with a pump forcing constant fluid movement as a part of recirculation (see at least Pratt Col. 8 line 56 – Col. 9 line 13).
Thus, the modified device is the system of Jackwood (as shown in Jackwood figs. 1 and 4) with the valve of Jackwood (valve 24, fig. 1) replaced with a three-way valve as in Pratt (valve 120, fig. 1), with the inlet of the valve coming from the reservoir (outlet tube 18 of Jackwood as shown in fig. 1), the first valve outlet being directed to the delivery outlet of Jackwood (see Jackwood fig. 1, the first outlet of the three-way valve would be connected to tube 28), and the second valve outlet being directed towards the added recirculation line from Kilstofte (see Kilstofte fig. 3, recirculation line 42 is added and runs between the three-way valve from Pratt back to vessel 100 of Jackwood in the modified device, and the connection between the valve and the tube which runs from the valve to the tank is the second valve outlet). This recirculation line from Kilstofte would be arranged as in Kilstofte where it feeds to the bottom of the reservoir (see Kilstofte fig. 3 which shows that this helps to mix the fluid). The added pump from Kilstofte which drives the recirculation (pump 30, fig. 5) would also be mounted in the same manner as taught by Kilstofte, which is on the outside of the housing of Jackwood (see fig. 5 of Kilstofte which shows the arrangement; this addition could be done onto housing 10 of Jackwood), with the pump 30 pulling fluid from inside the bottom of the reservoir via a first conduit and pushing fluid through the conduit towards the valve (in the modified device, this could be achieved by inserting pump 30 to act on outlet tube 18 of Jackwood).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackwood et al. (US 20170360540, henceforth Jackwood, previously made of record) in view of Kilstofte (US Pat. No. 4248176, henceforth Kilstofte, previously made of record) and Pratt (US Pat. No. 4910024, henceforth Pratt, previously made of record) as applied to claim 1 above, and further in view of Irwin (US Pat. No. 6446578, henceforth Irwin, previously made of record).
Regarding claim 23, Jackwood as modified discloses the system of claim 1 further comprising the nozzle which is a spray nozzle (see [0001] and [0025] regarding nozzle 26) which creates an atomized spray profile for delivery to the animal (see [0025]).
Jackwood as modified does not disclose the system comprising a pressurized air channel that is immediately connected to an inlet of the delivery outlet so that pressurized air is configured to mix with the fluid exiting the delivery outlet to create an atomized spray profile for delivery to the animal. Irwin teaches a delivery outlet (head portion 25 which includes nozzle head 29 and nozzle 31, fig. 2) comprising a pressurized air channel (tube 19, called out in fig. 1) that is immediately connected to an inlet of the delivery outlet (see fig. 2, tube 19 is immediately connected to the inlet of nozzle 31) so that pressurized air is configured to mix with fluid exiting the delivery outlet (see col. 7 lines 20-49) to create an atomized spray profile for delivery to an animal (see col. 7 lines 20- 49 and see Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the pressurized air channel of Irwin to the nozzle of Jackwood for atomizing the fluid to be delivered to an animal as Irwin teaches that this arrangement will allow for an effective mixing of fluid and air (see Abstract) and because spraying of fluids onto animals allows for convenience and a larger surface area to be covered (Irwin col. 1 lines 14-26; see also Jackwood [0001], [0002]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/SAMUEL J MARRISON/ Examiner, Art Unit 3783
/MICHAEL J TSAI/ Supervisory Patent Examiner, Art Unit 3783