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 .
Claims 1-16 are currently pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
The claims are objected to because of the following informalities: claim 1, line 2, “configured gather” should read “configured to gather”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma et al. (CN 112314475 A), hereafter referred to as “Ma”.
Regarding claim 11, Ma discloses a method (machine translation, paragraph [0060]) for removably coupling an end-wall catching system (1, 2, 3, 4, 5, 22, 32, 41, 52; fig. 1) to an end-wall of a mobile poultry enclosure (6) and gathering and/or crating live poultry (machine translation, paragraphs [0060]-[0062]), the method comprising:
coupling the end-wall catching system to an end-wall of the mobile poultry enclosure (machine translation, paragraphs [0061]-[0062] showing that a rear end of element 1 is connected to element 6);
initiating movement of the mobile poultry enclosure across a field such that the end-wall catching system moves alongside and/or with the mobile poultry enclosure (machine translation, paragraphs [0061]-[0062], [0064]-[0065] and [0067] teaching that movement of 1 translates to movement of 6; it is noted that this limitation is not requiring the mobile poultry enclosure to be the source of the movement) and lifts the individual ones of the live poultry off the field while the mobile poultry enclosure moves across the field (figs. 1-3 and machine translation, paragraphs [0038]-[0039]);
rotating multiple lifting conveyor belt segments (figs. 1 and 3 showing multiple elements 22) of the end-wall catching system to lift individual ones of the live poultry off a field (machine translation, paragraph [0050]) on which the mobile poultry enclosure is disposed (machine translation, paragraphs [0061]-[0062]), wherein the multiple lifting conveyor belt segments are arranged adjacent to each other (figs. 1 and 3) and rotate to move the individual ones of the live poultry off the field to a transverse conveyor belt (machine translation, paragraphs [0050]-[0051], and [0064]); and rotating the transverse conveyor belt (machine translation paragraph [0064]), arranged perpendicular to the lifting conveyor belt (figs. 1 and 3), to move the individual ones of the live poultry to a harvesting portion (1; machine translation paragraph [0064]).
Regarding claim 12, Ma discloses the method of claim 11, and further discloses wherein rotating the lifting conveyor belt (22) includes rotating the multiple parallel segments of lifting conveyor belts towards the transverse conveyor belt (32; machine translation, paragraphs [0050]-[0051], and [0064]).
Regarding claim 13, Ma discloses the method of claim 11, and further discloses moving the mobile poultry enclosure (6) across the field (machine translation, paragraph [0062]) in a direction longitudinal to the mobile poultry enclosure (machine translation, paragraph [0062]).
Regarding claim 14, Ma discloses the method of claim 11, and further discloses moving the individual ones of the live poultry into the one or more crates (5; figs. 1-3) via a movable harvesting conveyor belt (41, 52; machine translation, paragraphs [0052], [0056], and [0064]).
Regarding claim 15, Ma discloses the method of claim 11, and further discloses collapsing a conveyor portion (2, 3, 22, 32; figs. 1 and 3) of the end-wall catching system (fig. 1), including the multiple lifting conveyor belt segments (22) and the transverse conveyor belt (32), into a stored position (machine translation, paragraphs [0011]-[0012]) and/or detaching the conveyor portion from the harvesting portion (1; fig. 2).
Claim Rejections - 35 USC § 102/103
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.
Claims 1-7 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ma.
Regarding claim 1, Ma discloses an end-wall catching system (1, 2, 3, 4, 5, 22, 32, 41, 52; figs. 1-9) coupled to an end-wall of a mobile poultry enclosure (6; machine translation, paragraphs [0017], [0061]-[0062]) and configured gather and/or crate live poultry (machine translation, paragraphs [0061]-[0062]), the system comprising:
a mobile poultry enclosure configured to contain live poultry and move across a field (6; machine translation, paragraphs [0017], [0061]-[0062]); and
an end-wall catching system (1, 2, 3, 4, 5, 22, 32, 41, 52) coupled to the mobile poultry enclosure (machine translation, paragraph [0017]), the end-wall catching system comprising:
a conveyor portion (2, 3, 22, 32; figs. 1 and 3) including multiple lifting conveyor belt segments (figs. 1 and 3 showing multiple elements 22) and a transverse conveyor belt (32), wherein the multiple lifting conveyor belt segments are arranged adjacent to each other (figs. 1 and 3) and rotate to lift individual ones of the live poultry off the field (machine translation, paragraph [0050]) and move the individual ones of the live poultry to the transverse conveyor belt (machine translation, paragraphs [0050]-[0051], and [0064]), the lifting conveyor belt arranged perpendicular to the transverse conveyor belt (figs. 1 and 3), wherein the transverse conveyor belt rotates to move the individual ones of the live poultry to a harvesting portion (1, 4, 41, 52; machine translation paragraph [0064]);
the harvesting portion disposed at a convergence (41; fig. 1) of the transverse conveyor belt (fig. 1), the harvesting portion moving the individual ones of the live poultry into one or more crates (5; fig. 1 showing that element 1 includes 4, 41, and 52, which moves the poultry into 5); and
a coupling portion (machine translation, paragraphs [0061]-[0062] showing that a rear end of element 1 is connected to element 6) configured to couple the end-wall catching system to an end-wall of the mobile poultry enclosure (machine translation, paragraphs [0061]-[0062]), such that responsive to the mobile poultry enclosure moving across a field, the end-wall catching system moves alongside and/or with the mobile poultry enclosure (machine translation, paragraphs [0061]-[0062], [0064]-[0065] and [0067] teaching that element 1 is attached to element 6 in a manner that if 6 moves, element 1 would also move along with 6; e.g., if element 6 is towed, element 1 would be able to move with element 6 when coupled) and lifts the individual ones of the live poultry off the field while the mobile poultry enclosure moves across the field (figs. 1-3 and machine translation, paragraphs [0038]-[0039]). Ma further discloses that element 6 is a trailer (machine translation, paragraphs [0017], [0061]-[0062]), and appears to teach that end-wall catching system (1, 2, 3, 4, 5, 22, 32, 41, 52; figs. 1-9) is removably coupled to the end-wall of the mobile poultry enclosure (machine translation, paragraphs [0017], [0061]-[0062]). However, in the event that it is argued that Ma does not teach the above limitation, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ma, such that the end-wall catching system is removably coupled to the mobile poultry enclosure, in order to allow the mobile poultry enclosure (i.e., trailer) to be independently transported, allow for maintenance independent from the end-wall catching system, and allow the end-wall catching system to be used with various different mobile poultry enclosures, and since it is well known that trailers are removable from a vehicle.
Regarding claim 2, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the multiple parallel segments of lifting conveyor belts (22) rotate towards the transverse conveyor belt (fig. 1).
Regarding claim 3, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the mobile poultry enclosure (6) moves across the field in a direction longitudinal to the mobile poultry enclosure (machine translation, paragraphs [0061]-[0062] teaching that element 6 can move across the field in a longitudinal direction; it is noted that the mobile poultry enclosure is not positively recited in independent claim 1).
Regarding claim 4, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the harvesting portion (1) comprises a movable harvesting conveyor belt (4, 41, 52) that moves the individual ones of the live poultry into the one or more crates (5; figs. 1-3 and machine translation, paragraphs [0052], [0056], and [0064]).
Regarding claim 5, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the end-wall catching system is collapsible such that the conveyor portion (2, 3, 22, 32) is collapsible into a stored position (machine translation, paragraphs [0011]-[0012]) and/or the harvesting portion (1) is detachable (fig. 2).
Regarding claim 6, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the coupling portion (machine translation, paragraphs [0061]-[0062]) is configured to couple the end-wall catching system to an exterior of the end-wall of the mobile poultry enclosure (machine translation, paragraph [0061]-[0062]) such that responsive to a skirt on a bottom portion of the end-wall being lifted and the mobile poultry enclosure moving across the field (machine translation, paragraph [0061]-[0062]; it is noted that the mobile poultry enclosure is not positively claimed), the individual ones of the live poultry pass under the end-wall to be lifted off the field by the lifting conveyor belt (22; machine translation, paragraphs [0050] and [0064] teaching that elements 22 lift the chicken off the field).
Regarding claim 7, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the coupling portion (machine translation, paragraphs [0061]-[0062]) is configured to couple the end-wall catching system to an interior of the end-wall of the mobile poultry enclosure such that responsive to the mobile poultry enclosure moving across the field, the individual ones of the live poultry are lifted off the field by the lifting conveyor belt (22; machine translation, paragraphs [0050], [0061]-[0062] and [0064]).
Regarding claim 9, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the harvesting portion (1) includes a movable harvesting conveyor belt (4, 41, 52) that has an adjustable height for moving the individual ones of the live poultry into the one or more crates (5; figs. 1-3 and machine translation, paragraph [0064]).
Regarding claim 10, Ma discloses, or in the alternative, Ma, as modified, teaches the end-wall catching system of claim 1, and further discloses wherein the one or more crates (5; fig. 1) are on one or more rotating platforms (machine translation, paragraph [0059]; it is noted that the one or more crates are not positively recited in independent claim 1).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ma, or in the alternative, Ma, as modified, as applied to claim 1 above, and further in view of Jerome (US 5735664), hereafter referred to as “Jerome.”
Regarding claim 8, Ma teaches the end-wall catching system of claim 1, but does not explicitly teach wherein the transverse conveyor belt is 2-4 feet wide and/or 18-24 inches off the ground.
Jerome teaches a system for moving live poultry (Col. 1, lines 10-15), wherein a conveyor belt is 2-4 feet wide (conveyor belt 65 is 3ft wide; Col. 8, lines 37-41).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ma such that the transverse conveyor belt 2-4 feet wide, as taught by Jerome, in order to provide enough space for conveyed poultry to safely travel through the belt system without providing too much space such that poultry is crowded prior to being funneled into narrower spaces, thus reducing risk of injury to the live poultry, as understood by one of ordinary skill in the art.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ma as applied to claim 11 above, and further in view of Qui et al. (CN 113016664 A), hereafter referred to as “Qui.”
Regarding claim 16, Ma teaches the method of claim 11, and further teaches moving the mobile poultry enclosure (6) across the field (machine translation, paragraph [0062]), and the individual ones of the live poultry pass under the end-wall and are lifted off the field by the multiple lifting conveyor belt segments (22; machine translation, paragraphs [0050] and [0064] teaching that elements 22 lift the chicken off the field), but does not explicitly teach lifting a skirt on a bottom portion of the end-wall such that the individual ones of the live poultry pass under the end-wall.
Qui teaches a method (see machine translation provided 04/17/2023, abstract; figs. 1-10) including a skirt (0104; fig. 4) on a bottom portion of an end-wall (01; figs. 1 and 4 and machine translation, paragraph [n0038]) such that the individual ones of the live poultry pass under the end-wall (machine translation, paragraphs [n0038]-[n0039]).
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Ma to include lifting a skirt on a bottom portion of the end-wall such that the individual ones of the live poultry pass under the end-wall, as taught by Qui, in order to improve the chicken expelling effect to urge them onto the conveyor belt systems (machine translation, paragraphs [n0038]-[n0039]).
Response to Arguments
Applicant's arguments filed 2/23/26 have been fully considered but they are not persuasive.
Applicant argues that “nothing in Ma discloses an end wall catching system coupled to a mobile poultry enclosure”.
The examiner respectfully disagrees. As shown in the rejections of independent claims 1 and 11 above, Ma discloses an end-wall catching system (1, 2, 3, 4, 5, 22, 32, 41, 52) coupled to a mobile poultry enclosure (6; machine translation, paragraphs [0017], [0061]-[0062] teachings that elements 1 and 6 are coupled).
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 extension fee 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 date of this final action.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643
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