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 amendment filed 3/16/26 has been entered. Claims 1-4 remain pending in the application.
Claim Status
Claims 1-4 are currently pending in this US patent application. Claims 1-2 and 4 are currently under examination. Claim 3 was previously withdrawn from further consideration by the examiner, as being drawn to a non-elected invention. Claim 1 has been amended to include the limitation in step d) of slaughtering the calf “regardless of a weight of the calf”, and claim 2 has been amended to include the limitation in step d) of slaughtering the yearling “regardless of a weight of the yearling”.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farm Credit of the Virginias [From birth to steak, March 30, 2018], in view of Gutkin et al. [RU 2145164 C1], hereinafter Gutkin, and evidenced by Agrilife.org [Beef cattle bovine, 2015], hereinafter Agrilife, and Todd Elliot [Quora, At what age should cows be slaughtered for the best quality beef?, 2019], hereinafter Todd.
Regarding claims 1(a-c, e)-2(ii-iii) and 4, Farm Credit of the Virginias teaches: a method for producing a ground beef product, the method comprising the steps of:
Facilitating the birth of a calf [Calves, bullets 1-6];
Weaning the calf when calf reach a weaning age of approximately 9 months [Weaning, bullet 1];
Finishing the calf after weaning (equivalent to backgrounded for several months after weaning feeding forage), until the calf reach approximately one year (about 12 months of age) of age [Weaning, bullet 3-4];
Processing the slaughtered calf to produce the ground beef product, wherein the processing the slaughtered calf comprise slaughtering the calf to produce a carcass, deboning the beef carcass (trim away bone), [Processing, bullet 3], and whole-grinding the beef carcass (the carcass will be cut into ground beef), [Processing, bullet 4].
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Further regarding claim 4, where the carcass comprise a plurality of primal cuts, Farm Credit of the Virginias teach the carcass may be cut into steaks, roasts and other cuts and shows various types of primal cuts (see annotated Figure below, found above Processing and bullet 4 in the attached PDF).
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Farm Credit of the Virginias does not explicitly teach:
After the calf reaches approximately one year of age and regardless of a weight of the calf/yearling, slaughtering the calf/yearling, as required by instant claims 1(d), and 2(d,i).
Gutkin teaches a method for producing a beef/meat product [Gutkin, Abstract], the method comprising the step of determining the optimum/desired slaughter age of young calves/cattle [Gutkin, Abstract, p.3, par.4]. The method determines the readiness of young calves for slaughter based on the protein to fat ratio, which is the optimal indicator of the biological maturity of meat (i.e., meat composition with a protein to fat ratio in the range of 1:0.65-0.75) rather than the weight of the animal [Gutkin, p.1, par. 4; p.2, par.1-2]. The disclosure teaches different breeds of beef calves such as Aberdeen Angus, Kazakh White-Headed, Shorthorn, and Santa Gertrude having an optimum/desired slaughter age (age ranges from 8-12 months and 12-15.5 months for Aberdeen Angus, Kazakh White-Headed, and Shorthorn breeds, and age ranges from 6-12 months and 12-15 months for Santa Gertrude breed) having optimal maturity of meat (protein to fat ratio in the ranges of from 1:0.65-0.75) [Gutkin, p.4, par.1; Tables 1-2]. For example;
Aberdeen Angus at age ranges of 8-12 months and 12-15.5 months have an optimal maturity of meat or protein to fat ratio in the ranges of from 1:0.63-0.97 [Gutkin, p.4, par.1; Table 1];
Kazakh White-Headed at age ranges of 8-12 months and 12-15.5 months have an optimal maturity of meat or protein to fat ratio in the ranges of from 1:0.55-0.65 [Gutkin, Table 1];
Shorthorn at age ranges of 8-12 months and 12-15.5 months have an optimal maturity of meat or protein to fat ratio in the ranges of from 1:0.55-0.69 [Gutkin, Table 1]; and
Santa Gertrude at age ranges of 6-12 months and 12-15 months have an optimal maturity of meat or protein to fat ratio in the ranges of from 1:0.51-0.66 [Gutkin, Table 2].
Therefore, because different breeds show the desired optimal maturity of meat or protein to fat ratio encompassing the ranges of from 1:0.65-0.75 at the age of 12 months (1 year or yearling, see Agrilife, p.6, Terminology for the term yearling being used for cattle that is 1-2 years of age), it is reasonable to conclude that Gutkin teaches slaughtering the calf/yearling regardless of the weight of the calf/yearling an based on the desired optimal maturity of meat or protein to fat ratio.
Moreover, Todd teaches that some people prefer to slaughter the calf at younger age and less weight compared to other feed lot beef which is slaughter at 1,300 pounds or more (older calf). This produce a longer carcass and more cuts of steaks from younger age calves with no loss of flavor or tenderness [Todd, p.2].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to slaughter the calf/yearling at approximately one year of age and regardless of the weight of the calf/yearling an based on the desired optimal maturity of meat or protein to fat ratio as taught by Gutkin and slaughter the calf at younger age and less weight than traditionally feed lot beef slaughtering methods that slaughter at older age and heavier weights as evidenced by Todd in the method of Farm Credit of the Virginias, because Gutkin teach that the method of his invention provides data in the form of control tables that are used for the slaughtering of cattle at the desired optimal maturity of meat or protein to fat ratio, which may be used at large industrial complexes for cattle fattening, to timely correct the course of fattening, and identify the livestock that has reached biological maturity of the meat and is ready for slaughter [Gutkin, p.3, par.7], and because Todd evidences that slaughtering the calf at younger age and less weight produce a longer carcass and more cuts of steaks from younger age calves with no loss of flavor or tenderness [Todd, p.2]. Further it would be obvious to one of ordinary skill in the art to slaughter the calf/yearling at approximately one year of age and regardless of the weight of the calf/yearling an based on the desired optimal maturity of meat or protein to fat ratio as taught by Gutkin because Gutkin teaches that this would have the advantage of providing economic efficiency for predicting timing of fattening and slaughter of young animals for meat by reducing the timing of fattening, saving all types of feed and labor costs [Gutkin, p.4, par.4].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 4 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. Applicant arguments are directed to the prior art of Long [US 20040040513 A1], which is no longer being relied upon in view of the amendment of claims 1 and 2 which requires slaughtering the animal at approximately 1 year of age regardless of the weight.
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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/L.E.D./Examiner, Art Unit 1792
/ERIK KASHNIKOW/Supervisory Patent Examiner, Art Unit 1792