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.
Claim Objections
The claims are objected to because of the following informalities:
Claim 15, “the the multiple” should read “the multiple”.
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 1-7 and 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma et al. (CN 112314475), hereafter referred to as “Ma.”
Regarding claim 1, Ma discloses an end-wall catching system (1, 2, 3, 4, 5, 22, 32, 41, 52; figs. 1-9) configured to removably couple to an end-wall of a mobile poultry enclosure (6; machine translation, paragraphs [0017], [0061]-[0062]) and gather and/or crate live poultry (machine translation, paragraphs [0061]-[0062]), 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 a field (machine translation, paragraph [0050]) on which the mobile poultry enclosure is disposed (machine translation, paragraphs [0061]-[0062]) and moves 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]) and lifts the individual ones of the live poultry off the field while the mobile poultry enclosure moves across the field (elements 1, 2, 3, and 4 include structure needed, e.g., paragraph [0038], to move alongside and/or with a moving mobile poultry enclosure; it is noted that the mobile poultry enclosure is not positively recited; see figs. 1-3 and machine translation, paragraphs [0038]-[0039]).
Regarding claim 2, Ma discloses 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 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 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 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 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 the end-wall catching system of claim 1, and further teaches 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] and [0064]).
Regarding claim 9, Ma discloses 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 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).
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) 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]) and lifts the individual ones of the live poultry off the field while the mobile poultry enclosure moves across the field (elements 1, 2, 3, and 4 include structure needed, e.g., paragraph [0038], to move alongside and/or with a moving mobile poultry enclosure; see 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 § 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 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 9/12/2025 have been fully considered but they are not persuasive.
Applicant argues that the Office Action dated 03/13/2025 was improperly made final.
The examiner respectfully disagrees. The claim set dated 01/24/2025 presented amendments to independent claims 1 and 11, and thus necessitated the new grounds of rejection.
Applicant argues that Ma does not teach “end-wall catching system configured to removably couple to an end-wall of a mobile poultry enclosure and gather and/or crate live poultry ... 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 and lifts the individual ones of the live poultry off the field while the mobile poultry enclosure moves across the field”, and further states that the rejection “appears to be relying on an unclear translation”.
The examiner respectfully disagrees. The examiner is not sure why exactly applicant finds the provided machine translation to be “unclear”. Applicant references Ma’s trailer 6 having a “traction chain that can rotated in a ring”, and states that a “chicken trailer with rotating trays does not anticipate the claimed system”. It is noted that both independent claim 1 and 11 do not positively claim “a mobile poultry enclosure” as a part of the system. In terms of broadest reasonable interpretation, the preamble merely requires the system to have sufficient structure to enable it to removably couple to a moveable enclosure. Paragraphs [0061]-[0062] of the machine translation of Ma teaches element 6 that is both mobile (having wheels), holds poultry, and that element 1 is removably coupled to element 6 (e.g., paragraph [0062] states that “the trailer 6 includes a body and wheels arranged on the body, and the body is connected to the rear end of the frame 1”). Regarding the limitation, “… 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 and lifts the individual ones of the live poultry off the field while the mobile poultry enclosure moves across the field”, again, the mobile poultry enclosure is not a positively claimed element and provides functional language. In terms of the broadest reasonable interpretation of the limitation, the claim merely requires that the system enables the system and the enclosure to move together when coupled, and that the system enables lifting poultry off a field during that movement. Ma teaches that elements 1 and 6 move together, and lifting of the poultry occurs at the same time (machine translation, paragraphs [0061]-[0062], [0064]-[0065] and [0067]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessica Byun whose telephone number is (571) 272-3212. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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/H.J.B./Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643
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