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
Claims 1, 4-5, 7-9, 11, 13-14, and 17-27 pending in the Application.
In response to Applicant’s amendments dated 10/16/2025, the previous rejection under 35 U.S.C. 112(b) regarding “an input” and “a user input” (claims 1 and 17) are withdrawn.
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, 4-5, 7-9, 11, 13-14, and 17-27 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. For purposes of examination on the merits, the claims, as best understood, are examined in the Action below.
Concerning claims 1 and 27:
It is unclear how the first and second spectral compositions for the first and second time period are set based on a transmittance factor of the egg shells. (See claim 1, 11-15 16-21 and similar limitations in claim 27)
Are they part of the program? Is there a sensor, detector, or other measurement device that obtains information relating to the egg transmittance factor of the egg shell? Is this information transmitted or otherwise sent to the controller? Is this information received by the controller?
In claims 1 and 17 the following limitation: “the controller comprising an input, a memory and a processor, wherein the processor is configured to receive user input specifying a program …” (line 4-7). Claim 27 has similar language.
It appears based on the following limitation that the claims are contingent upon a user providing an input and are thus based on a choice. The functional language of the claim requires a user to perform a step.
Claims 4-5, 7-9, 11, 13-14, and 18-26 rejected under 35 U.S.C. 112(b) for being dependent on a rejected base claim.
Claim Rejections - 35 USC § 102
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 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, 4-5, 7-9, 11, 13-14, 17-25, and 27, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lichten (US 2012/0002408 A1).
RE Claim 1 (and 27): Lichten discloses a controller (controller 20) configured to control illumination emitted by one or more light emitting elements (LEDs 40, 42) within an environment for hosting one or more unhatched animals in respective unhatched animal eggs and a respective egg shell between each of the one or more unhatched animals and the one or more light emitting elements, the controller comprising a controller input (para 0039-0040), a memory (para 0039-0040), and a processor (para 0039-0040), wherein the processor is configured to:
receive via the controller input (operator) specifying a program (software/firmware) determined by one or more factors including at least a type of the unhatched animals in the respective unhatched animal eggs (animals)(para 0039-0040);
retrieve one or more program settings from the memory in response to the user input identifying the program (para 0039-0040), the one or more program settings defining time periods of illumination (Per para 0039: “The control module 158 can be an application specific integrated circuit (ASIC), an electronic circuit, a processor (shared, dedicated, or group) and memory that execute one or more software or firmware programs, a combinational logic circuit, or other suitable components that provide the described functionality.”)(also see para 0040);
set a first spectral composition of illumination based on a transmittance factor of the egg shells (via 158 per para 0040)(also see para 0030-0031 and para 0041)(white light) so that illumination having the first spectral composition, when transmitted through the egg shell, produces on a first side of the egg shell of the one or more unhatched animal eggs, a first level of illumination of white light to create a period of lightness on the first side of the egg shell (para 0030-0031 and para 0041);
set a second spectral composition of illumination based on the transmittance factor of the egg shells so that illumination having the second spectral composition, when transmitted through the egg shell, produces, on the first side of the egg shell of the one or more unhatched animal eggs, a second different level of illumination of white light to create a period of relative darkness on the first side of the egg shell (para 0004-0005, 0030-0033, 0040-0041), wherein the second spectral composition is different from the first spectral composition (via 158 per para 0040)(also see para 0030-0031 and para 0041)(the second spectral composition is red light (which contains “a second level of illumination of white light” being zero or near zero depending on if (a) another light is provided concurrently as described in the last sentence of para 0030 or (b) when the LEDs act as a supplement to daylight per para 0004-0005), and wherein during the period of lightness more illumination that is visible to the unhatched animal penetrates the egg shells than during the period of darkness (para 0004-0005, 0030-33, 0040-0041);
control the one or more light emitting elements (40, 42) to emit illumination having a first spectral composition for a first time period in accordance with the one or more program settings (para 0004-0005, 0030-0033, 0040-0041);
control the one or more light emitting elements (40, 42) to emit illumination having a second, different spectral composition for the second, subsequent time period (para 0030),
control the one or more light emitting elements (40, 42) to emit illumination throughout the first and second time periods to maintain, on a second side of the egg shell, a constant level of illumination that provides visibility for animals of a first species on the second side of the egg shell while varying between the first level of illumination and the second level of illumination on the first side of the egg shell (any amount of light is adequate visibility for a chick to hatch from an egg)(also see para 0040 which describes light can be provided in concurrent/overlapping manner), wherein the first side of the egg shell is inside the egg shell and wherein the second side of the egg shell is the environment that is outside the egg shell,
wherein, when controlling the one or more light emitting elements to emit the illumination throughout the first and second time periods, the processor is further configured to change the spectral composition of the illumination such that the constant level of illumination is within a given range of a peak of a spectral density curve of a visual system of the first species (controller changes light emitted during various light cycles)(para 0039-0040).
RE Claim 17: Lichten discloses a controller (controller 20) configured to control the illumination emitted by one or more light emitting elements (LEDs 40, 42) within an environment for hosting one or more unhatched animals in respective unhatched animal eggs and a respective egg shell between each of the one or more unhatched animals and the one or more light emitting elements, the controller comprising a controller input (para 0039-0040), a memory (para 0039-0040), and a processor (para 0039-0040), wherein the processor is configured to:
Receive, via the controller input, a user input (operator) specifying a program (software/firmware) determined by one or more factors including at least a type of the unhatched animals in the respective unhatched animal eggs (animals)(para 0039-0040);
retrieve one or more program settings from the memory in response to the user input identifying the program (para 0039-0040), the one or more program settings defining time periods of illumination (Per para 0039: “The control module 158 can be an application specific integrated circuit (ASIC), an electronic circuit, a processor (shared, dedicated, or group) and memory that execute one or more software or firmware programs, a combinational logic circuit, or other suitable components that provide the described functionality.”)(also see para 0040);
control the one or more light emitting elements (40, 42) to emit illumination having a first spectral composition for a first time period (white light per para 0030)(para 0004-0005, 0030-33031, 0040-0041), wherein the first spectral composition is composed to produce, on a first side of the egg shell of the one or more unhatched animal eggs, a first level of illumination of white light to create a period of lightness on the first side of the egg shell in accordance with the one or more program settings (para 0004-0005, 0030-0033, 0040-0041);
control the one or more light emitting elements (40, 42) to emit illumination having a second, different spectral composition for a second, subsequent time period in accordance with the one or more program settings (red light per para 0030), wherein the second spectral composition is composed to produce, on the first side of the egg shell of the one or more unhatched animal eggs, a second, different level of illumination to create a period of darkness on the first side of the egg shell (also see para 0030-0031 and para 0041)(the second spectral composition is red light (which contains “a second level of illumination of white light” being zero or near zero depending on if (a) another light is provided concurrently as described in the last sentence of para 0030 or (b) when the LEDs act as a supplement to daylight per para 0004-0005) and wherein during the period of lightness more illumination that is visible to the unhatched animal penetrates the egg shells than during the period of darkness (para 0004-0005, 0030-0033, 0040-0041);
control the one or more light emitting elements (40, 42) to emit illumination throughout the first and second time periods to maintain, on a second side of the egg shell, a constant level of illumination that provides visibility for animals of a first species on the second side of the egg shell while varying between the first level of illumination and the second level of illumination on the first side of the egg shell (any amount of light is adequate visibility for a chick to hatch from an egg)(also see para 0040 which describes light can be provided in concurrent/overlapping manner), wherein the first side of the egg shell is inside the egg shell and wherein the second side of the egg shell is the environment that is outside the egg shell
wherein, when controlling the one or more light emitting elements to emit the illumination throughout the first and second time periods, the processor is further configured to change the spectral composition of the illumination such that the constant level of illumination is within a given range of a peak of a spectral density curve of a visual system of the first species (controller changes light emitted during various light cycles) (para 0039-0040).
RE Claims 4 (and 18): Lichten discloses the controller according to claim 1 (and 17) as previously discussed and further discloses:
wherein the illumination emitted for the first time period has a first egg transmittance factor and the illumination emitted for the second time period has a second, different egg transmittance factor, wherein the egg transmittance factor is defined as a ratio of: an amount of the illumination that penetrates through the shell of the one or more unhatched animal eggs and an amount of the illumination incident on the shell of the one or more unhatched eggs and emitted by the one or more light emitting elements (cycles of red/white light)(light transmittance is a fraction of light that passes through a substance or material, light of different wavelengths and intensities will penetrate the same material differently and will thus have different transmittance factors)(para 0030-0031, 0040-0041, and 0004-0005).
RE Claims 5 (and 19): Lichten discloses the controller according to claim 1 (and 17) as previously discussed and further discloses wherein the illumination emitted for the first time period has a first egg transmittance per visible lumen and the illumination emitted for the second time period has a second, different egg transmittance per visible lumen (cycles of red/white light)(light transmittance is a fraction of light that passes through a substance or material, light of different wavelengths and intensities will penetrate the same material differently and will thus have different transmittance factors)(para 0030-0031, 0040-0041, and 0004-0005).
RE Claims 7 (and 20): Lichten discloses the controller according to claim 1 (and 17) as previously discussed and further discloses wherein the processor (para 0039-0040) is configured to modify a luminous intensity of the illumination emitted by the one or more light emitting elements (reduce intensity as described in para 0040), wherein the illumination emitted for the first time period has a first luminous intensity and the illumination emitted for the second time period has a second, different luminous intensity (para 0030-0031, 0040-0041, and 0004-0005).
RE Claims 8 (and 21): Lichten discloses the controller according to claim 1 (and 17) as previously discussed and further discloses wherein the processor (para 0039-0040) is configured to: control the one or more light emitting elements (40, 42) to emit the illumination in the first time period with a first correlated color temperature for the first time period (para 0030, 0040, 0041); and control the one or more light emitting elements (40, 42) to emit the illumination in second time period with a second, different correlated color temperature for the second time period (para 0030-0031, 0040-0041)(specifically para 0040 changing voltage provided to LEDs; changing voltage applied to LEDs directly correlated with the color temperature).
RE Claims 9 (and 22): Lichten discloses the controller according to claim 8 (and 21) as previously discussed and further discloses: wherein the first correlated color temperature is greater than the second correlated color temperature such that the first level of illumination inside or outside the one or more unhatched animal eggs is less than the second level of illumination outside or inside the one or more unhatched animal eggs (para 0030, 0031, 0040, 0041)(specifically para 0040 changing voltage provided to LEDs; changing voltage applied to LEDs directly correlated with the color temperature).
RE Claims 11 (and 23) : Lichten discloses the controller according to claim 1 (and 17) as previously discussed and further discloses
wherein the processor (para 0039-0040) is configured to control the one or more light emitting elements to emit a light-dark cycle of illumination (para 0030, 0031, 0040, 0041, 0004-0005)
wherein the light-dark cycle of illumination comprises a plurality of contiguous time periods of illumination comprising the first and second time periods of illumination (para 0040: time periods are contiguous because they run one immediately after the other),
wherein the illumination emitted for each respective time period has a different spectral composition and/or a different luminous intensity compared to the illumination emitted for the other respective time periods in the light-dark cycle (para 0030, 0031, 0040, 0041, 0004, 0005).
RE Claims 13 (and 24): Lichten discloses the controller according to claim 11 (and 23) as previously discussed and further discloses wherein the light-dark cycle of illumination comprises at least one further time period of illumination having a third, different spectral composition and/or a third, different luminous intensity compared to the first and second time periods (when the lights are turned off).
RE Claims 14 (and 25): Lichten discloses the system comprising: the controller according to claim 1 (and 17) (as previously discussed); and the one or more light emitting elements (40, 42).
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.
Claim 26, as best understood, rejected under 35 U.S.C. 103 as being unpatentable over Lichten in view of Grajcar (WO 2018/160537 A1)(hereinafter Grajcar).
RE Claim 26: Lichten discloses the controller according to claim 1 as previously discussed.
It appears the controller in Lichten is configured to retrieve at least one setting defining time periods of illumination from a database since the application is configured to retrieve information from a memory per para 0039-0040.
However, retrieving at least one setting defining time periods of illumination from a database is not explicitly stated.
However, Grajcar teaches a controller for providing light to developing eggs (analogous art).
Grajcar further teaches wherein the controller is further configured to retrieve at least one setting defining time periods of illumination from a database (page 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lichten in view of Grajcar such that the controller is further configured to retrieve at least one setting defining time periods of illumination from a database as taught by Grajcar for the advantages of remote computing and automation.
Response to Arguments
Applicant's arguments filed 10/16/2025 have been fully considered but they are not persuasive.
Regarding the rejections under 35 U.S.C. 112(b), Applicant asserts that the claims do not recite “determination” of an egg transmittance factor. This is not persuasive.
The relevant portion of the claim is “set a first spectral composition based on a transmittance factor of the egg shells…” (claim 1, ln 15) and similarly “set a second spectral composition of illumination based on the transmittance factor of egg shells…” (claim 1, ln 16). Similar language is in claim 27 (line 8 and 15). As currently drafted, it is unclear how the processor sets the spectral compositions based on a transmittance factor of the egg shells.
Applicant’s argument with respect to a constant level of illumination on the outside of the egg shell (beginning on remarks page 10) is not persuasive.
The reference teaches manipulating lighting in a poultry house for benefits to health and development of animals. Examiner maintains that a healthy chick can hatch in any lighting condition. A healthy chick can hatch in low light conditions such as at night.
The Lichten reference teaches a plurality of lighting elements controlled by a controller and various different examples of how the lighting elements may be implemented within a poultry house. Cycling various light colors, cycling various light intensities, supplementing natural light entering the poultry house (para 0005), using different reflector covers on the LEDs to produce different spectral compositions (para 0009-0011), etc. Some examples are provided below in response to Applicant’s arguments.
In one example, the LEDs can emit white, red, white, respectively (para 0030). In this example:
the first spectral composition is white light (which contains a first level of illumination of white light) and
the second spectral composition is red light (which contains “a second level of illumination of white light” being zero or near zero depending on if (a) another light is provided concurrently as described in the last sentence of para 0030 or (b) when the LEDs act as a supplement to daylight per para 0004-0005).
In a second example, all the LEDs could be configured to emit white light. Lichten states: “…the first and second groups of LEDs 40 and 42 could have any combination of independently or collectively controlled blue, red, green and white LEDs” (para 0030, last sentence). Any combination of LEDs and light colors includes a scenario where all the LEDs emit white light. That is the first and the second group of LEDs could be white lights. Also, para 0040 describes turning the first and second group of LEDs on/off independently for overlapping periods of time. In this example:
the first spectral composition is white light and contains a first level of illumination of white light (first and second group of LEDs turned on per para 0040) and
the second spectral composition is also white light and contains a second level of illumination of white light (some or all of the LEDs are turned off per para 0040).
Specifically concerning the claimed “constant level of illumination” –
Para 0040 describes turning the first and second group of LEDs on/off independently for overlapping periods of time.
Also, as described in para 0030 and 0040, light may be provided in a concurrent or overlapping manner. Thus a constant level of illumination is maintained outside the egg shell. Please note, a period when all the lights are off is still a level of illumination. The level being zero. As currently drafted, the claim does NOT require a constant AND non-zero level of illumination.
Applicant’s argument that, “Lichten does not disclose, teach or suggest to ‘set a first spectral composition based on transmittance factor of egg shells’ or to ‘set a second spectral composition based on transmittance factor of egg shells’ and that ‘the second spectral composition is different from the first spectral composition’ as recited in claim 1” is not persuasive.
As currently drafted, it is unclear how the egg transmittance factor for the first time period is determined and how the egg transmittance factor for the second time period is determined. Are they part of the program? Is there a sensor, detector, or other measurement device that obtains information relating to the egg transmittance factor of the egg shell? Is this information transmitted or otherwise sent to the controller? Is this information received by the controller? The claim is examined as best understood.
Additionally, light transmittance is a fraction of light that passes through a substance or material. Thus, light of different intensities (also light of different colors) will penetrate the same material differently and will therefore have different light transmittance factors.
Response to arguments concerning Claim 4-5 and 18-19: Applicant's arguments are not persuasive. Light transmittance is a fraction of light that passes through a substance or material. Thus, light of different intensities and wavelengths will penetrate the same material differently and will therefore have different light transmittance factors.
Response to arguments concerning Claim 8-9 and 21-22: Applicant's arguments are not persuasive. Color temperature of LED light is directly correlated with the voltage applied to the LED light source (see NPL dated 10/1/24). In Lichten, see paragraph 0040 which describes changing the voltage provided to the LEDs and more specifically changing voltage supplied to the light to reduce the intensity of the light.
Response to arguments concerning Claim 11, 13, and 23-24: Applicant's arguments are not persuasive. Paragraph 0040 teaches providing a cycle with periods comprising different illuminations. Para 0040 provides various examples: cycling with different light colors, cycling with different light intensities, cycling with concurrent or overlapping periods, and even turning the lights on/off (such as, but not limited to, at the start or end of the cycle).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 dated 11/6/2023.
These documents present alternative designs similar in scope which illustrate relevant features in comparison to the Applicant’s submission. The cited prior art include various incubators and lighting control devices for use in aviculture systems.
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 MARIA E GRABER whose telephone number is (571)272-4640. The examiner can normally be reached M-F 7:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy D Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIA E GRABER/Examiner, Art Unit 3644 /TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644