DETAILED ACTION
Notice to Applicant
1. The following is a NON-FINAL Office action upon examination of application number 17/907,718 filed on 09/29/2022, in response to Applicant’s Request for Continued Examination (RCE) filed on September 24, 2025. Claims 103, 105-110, 112, 114-120, and 123 are pending in this application and have been examined on the merits discussed below.
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Application 17/907,718 filed 09/29/2022 is a National Stage entry of PCT/DK2021/050090, International Filing Date: 03/26/2021, and claims foreign priority to PA 2020 70199, filed 03/31/2020.
Response to Amendment
4. In the response filed September 24, 2025, Applicant amended claims 103, 105, 112, 119, and 123, and did not cancel any claims. No new claims were presented for examination.
5. Applicant's amendments to the claim 103 are hereby acknowledged. The amendments are sufficient to overcome the previously issued claim objection; accordingly, this objection has been removed.
6. Applicant's amendments to claims 103, 105, and 119 are hereby acknowledged. The amendments are sufficient to overcome the previously issued claim rejections under 35 U.S.C. 112(b); accordingly, these rejections have been withdrawn.
7. Applicant's amendments to the claims are hereby acknowledged. The amendments are not sufficient to overcome the previously issued claim rejection under 35 U.S.C. 101; accordingly, this rejection has been maintained.
Response to Arguments
8. Applicant's arguments filed September 24, 2025, have been fully considered.
9. Applicant submits “Claim 103 as a whole is not directed to an abstract idea because the claim is integrated into a practical application.” [Applicant’s Remarks, 09/24/2025, page 10]
The Examiner respectfully disagrees. Applicant argues that “claim 103 as a whole is not directed to an abstract idea because the claim is integrated into a practical application.” The additional elements in exemplary claim 103 are: a quality system comprising an analyzing system and a computer system, and a plurality of sample chambers in a mobile and portable collector of the analyzing system, which merely serve to tie the abstract idea to a particular technological environment (computer-based operating environment) via generic computing hardware, software/instructions, which is not sufficient to amount to a practical application, as noted in MPEP 2106.05. Applicant has not provided a persuasive line of reasoning showing how the additional elements are integrated with the abstract idea to integrate the abstract idea into a practical application.
Furthermore, it is noted that the claims are devoid of any discernible change, transformation, or improvement to a computer (software or hardware) or any existing technology. Applicant has not shown that any specific technological improvement is achieved within the scope of the claims. It bears emphasis that no quality system, analyzing system, computer system, or technological elements are modified or improved upon in any discernible manner.
Moreover, the additional elements fail to integrate the abstract idea into a practical application because they fail to provide an improvement to the functioning of a computer or to any other technology or technical field, fail to apply the exception with a particular machine, fail to apply the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, fail to effect a transformation of a particular article to a different state or thing, and fail to apply/use the abstract idea in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. Accordingly, this argument is found unpersuasive.
Lastly, it is noted that, as noted in the previous Office Action [03/24/2025], the steps recited in claim 103 were disembodied steps (i.e., the steps were disembodied since no device/hardware is relied on for performing the claimed limitations). The Examiner has addressed the claim amendments and newly presented additional elements in the updated rejection below, responsive to the limitations introduced by the claim amendments.
10. Applicant submits “Here, under Step 2A: Prong 1, the judicial exception alleged in claim 1 is indeed implemented with a particular machine. Machines that have been “arranged” in a particular way have been found to be considered particular machines under this analysis. See Mackay Radio & Tel. Co. v. Radio Corp. of America, 306 U.S. 86, 40 USPQ 199 (1939) (where the length and angle at which an antenna was arranged was based on a mathematical formula for employing standing wave phenomena).” [Applicant’s Remarks, 09/24/2025, page 10]
Applicant argues that, under Step 2A, Prong 1 of the eligibility analysis, the claim recites a judicial exception that is implemented with a particular machine, and therefore the claims is directed to patent-eligible subject matter. Applicant cites Mackay Radio & Tel. Co. v. Radio Corp. of America, 306 U.S. 86, 40 USPQ 199 (1939), to support this position. However, this argument is not persuasive. Step 2A, prong 1 of the subject matter eligibility analysis is concerned solely with identifying whether the claim recites a judicial exception, such as an abstract idea, laws of nature, or natural phenomenon. The analysis under Prong 1 does not consider whether the judicial exception is integrated into a practical application, or whether it is implemented using a particular machine. Such considerations are reserved for Step 2A, Prong 2. Accordingly, any reliance on the presence of a particular machine or the arrangement thereof is misplaced in the context of Step 2A, Prong 1. While such features may be relevant to determining whether the claim integrates a judicial exception into a practical application under Prong 2, they do not preclude a finding that the claim recites a judicial exception at Prong 1. Therefore, the claim is found to recite a judicial exception under Step 2A, Prong 1, and the analysis proceeds to Step 2A, Prong 2 to determine whether the exception is integrated into a practical application.
11. Applicant submits “It is submitted that the above-noted features — even if involving a judicial exception — integrate the claimed subject matter into a practical application and further adds a step to the method that cannot be practically performed in the human mind, thereby amounting to significantly more than the alleged abstract idea.” [Applicant’s Remarks, 09/24/2025, page 11]
The Examiner respectfully disagrees. Applicant argues that the amended claim features – including the use of a mobile and portable collector and the receipt of samples into a plurality of sample chambers – integrate the judicial exception into a practical application and further add a step that cannot be practically performed in the human mind, thereby amounting to “significantly more” than the abstract idea. As previously explained above with respect to Step 2A, Prong 2, the claim does not integrate the judicial exception into a practical application. The additional elements, including the analyzing system, computer system, and the plurality of sample chambers in a mobile and portable collector of the analyzing system, represent general components, and data collection steps that support the implementation of the abstract idea. These elements do not apply the judicial exception in a manner that imposes a meaningful limit or effect transformation in any technological field. Instead, they amount to pre-solution activity, such as collecting and transmitting data, which does not qualify as practical application under the subject matter eligibility framework.
Regarding Step 2B, Applicant appears to argue that the amended features – particularly the step involving the receipt of samples at a mobile and portable collector – add a step that cannot be practically perfumed in the human mind and therefore constitute an inventive concept. This argument is also not persuasive. While the referenced step may not be practically performed mentally, this alone is not sufficient to establish that the claim as a whole recites significantly more than the abstract idea. The step of sequentially receiving biological samples in a portable collector is a data collecting activity that facilitates the analysis of information. It does not reflect a specific improvement to the functioning of the computer, nor does it represent a technological improvement. When considered as a whole, the claim describes a process of collecting data from an environment, analyzing that data, and correlating it with reference information to determine a parameter. These features do not meaningfully add to the abstract idea such that the claim would be considered to include an inventive concept. Accordingly, the additional elements do not add significantly more to the abstract idea under Step 2B.
For the reasons above, in addition to the reasons provided in the updated §101 rejection below, Applicant’s amendment and supporting arguments are not sufficient to overcome the §101 rejection.
12. Applicant submits “Amended claim 1 now recites at least the following additional features that are not disclosed or taught in Dillon et al.: - providing, at the analyzing system, a plurality of samples, each sample comprises particles or fragment(s) of particles collected from air from said agricultural group location at consecutive, selected time slots wherein each sample being correlated with a time attribute representing a time of collection, and wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system.” [Applicant’s Remarks, 09/24/2025, page 12]
First, in response to Applicant's argument, it is noted that there is no claim 1. The pending claims are claims 103, 105-110, 112, 114-120, and 123.
Second, in response to Applicant’s argument that Dillon et al. does not disclose or teach “providing, at the analyzing system, a plurality of samples, each sample comprises particles or fragment(s) of particles collected from air from said agricultural group location at consecutive, selected time slots wherein each sample being correlated with a time attribute representing a time of collection,” it is maintained that Dillon’s system and method for monitoring and managing the microbiome of a facility describes and at least suggest the disputed limitation. Paragraphs 0058 and 0062 explicitly disclose monitoring microbiomes over time, including durations from 24 hours to more than a year, which requires time-based sampling and tracking. Additionally, paragraphs 0057 and 0073 describe air sampling of particles, and paragraph 0018 describes environments housing animals (i.e., agricultural group locations). Thus, given the broadest reasonable interpretation consistent with the Specification in construing the claimed invention, it is Examiner’s position that the disclosure of Dillon teaches and at least suggests the disputed limitation. Accordingly, Applicant’s argument is not persuasive.
Last, in response to Applicant’s argument that Dillon et al. does not disclose or teach “wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system,” the Examiner notes the limitation being argued by Applicant as being newly amended to the claims in the response filed 09/24/2025, which has been addressed in the updated rejection below. Applicant’s argument has been considered, but it appears to pertain to amendments to independent claim 103 that are believed to be addressed via the updated ground of rejection under §103 set forth in the instant Office action, which incorporates a new reference and new citations to address the amended limitations in claim 103 and supports a conclusion of obviousness of the amended claims.
13. Applicant submits “Dillon provides no teaching of a collector with a plurality of sample chambers, let alone any teaching of a plurality of samples being received in said plurality of sample chambers one at the time.” [Applicant’s Remarks, 09/24/2025, page 13]
As best understood by the Examiner, Applicant argues that Dillon does not teach “wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system.” In response, the Examiner notes the limitations being argued by Applicant as being newly amended to the claims in the response filed 09/24/2025, which have been addressed in the updated rejection below. Applicant’s argument has been considered, but it pertains to amendments to independent claim 103 that are believed to be addressed via the updated ground of rejection under §103 set forth in the instant Office action, which incorporates a new reference and new citations to address the amended limitations in claim 103 and supports a conclusion of obviousness of the amended claims.
14. Applicant submits “Yanai does not disclose particle sensors, let alone an analyzing system comprising a collector having a plurality of chambers for collection of a plurality of samples (one at the time), where each sample comprises particles or fragment(s) of particles collected from air.” [Applicant’s Remarks, 09/24/2025, page 13]
As best understood by the Examiner, Applicant argues that Yanai does not teach “particle sensors,” “wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system” and “each sample comprises particles or fragment(s) of particles collected from air.”
First, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “particle sensors”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Second, the Examiner notes the limitation (“wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system”) being argued by Applicant as being newly amended to the claims in the response filed 09/24/2025, which has been addressed in the updated rejection below. Applicant’s argument has been considered, but it pertains to amendments to independent claim 103 that are believed to be addressed via the updated ground of rejection under §103 set forth in the instant Office action, which incorporates a new reference and new citations to address the amended limitations in claim 103 and supports a conclusion of obviousness of the amended claims.
Last, in response to Applicant’s argument that Yanai does not teach “each sample comprises particles or fragment(s) of particles collected from air,” the Examiner notes that Yanai was not relied upon to disclose the disputed limitation.
15. Applicant’s remaining arguments either logically depend from the above-rejected arguments, in which case they too are unpersuasive for the reasons set forth above, or they are
directed to features which have been newly added via amendment. Therefore, this is now the Examiner's first opportunity to consider these limitations and as such any arguments regarding these limitations would be inappropriate since they have not yet been examined. A full rejection of these limitations will be presented later in this Office Action.
Duplicate Claim Warning
16. Claim 123 is a substantial duplicate of claim 103. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Objections
17. Claim 103 is objected to because the following informalities: grammatical errors.
Claim 103 was amended to recite “wherein said at least one set of reference data is stored at the computer system, and wherein said at least one set of reference data represents a reference quantity of said biological element as a function of time correlated to said quality parameter comprising at least one threshold quality parameter comprising a threshold change of quantity of said at least one biological element as a function of time, wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event”. Claim 103 should read “wherein said at least one set of reference data is stored at the computer system, wherein said at least one set of reference data represents a reference quantity of said biological element as a function of time correlated to said quality parameter comprising at least one threshold quality parameter comprising a threshold change of quantity of said at least one biological element as a function of time, and wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event”. Appropriate correction is required.
18. Claim 112 is objected to because the following informalities: grammatical errors / the claim does not end with a period.
Claim 112 was amended to recite “wherein said at least one set of reference data is stored at the computer system, and wherein said at least one set of reference data represents at least one threshold change of quantity of said at least one biological element as a function of time from an initial event correlated to said quality parameter comprising at least one threshold quality parameter of said at least one biological element as a function of time, and wherein said initial event is selected from the group of hatching, birth, vaccinating, medicating, detection of disease related pathogens, movement of animals, change of light setting, feed change, and/or outbreaks in neighboring herds, and wherein the determination of said quality parameter comprises determining quantity of said at least one biological element as a function of time and wherein the computer system further is configured for determine said quality parameter relative to said at least one threshold quality parameter,”. Claim 112 should recite “wherein said at least one set of reference data is stored at the computer system, wherein said at least one set of reference data represents at least one threshold change of quantity of said at least one biological element as a function of time from an initial event correlated to said quality parameter comprising at least one threshold quality parameter of said at least one biological element as a function of time, wherein said initial event is selected from the group of hatching, birth, vaccinating, medicating, detection of disease related pathogens, movement of animals, change of light setting, feed change, and/or outbreaks in neighboring herds, wherein the determination of said quality parameter comprises determining quantity of said at least one biological element as a function of time, and wherein the computer system further is configured for determine said quality parameter relative to said at least one threshold quality parameter.” Appropriate correction is required.
Claim 112 does not end with a period. See MPEP 608.01(m). Appropriate correction is required.
19. Claim 123 is objected to because the following informalities: grammatical errors.
Claim 123 was amended to recite “wherein said at least one set of reference data is stored at the computer system, and wherein said at least one set of reference data represents a reference quantity of said biological element as a function of time correlated to said quality parameter comprising at least one threshold quality parameter comprising a threshold change of quantity of said at least one biological element as a function of time, wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event”. Claim 123 should read “wherein said at least one set of reference data is stored at the computer system, wherein said at least one set of reference data represents a reference quantity of said biological element as a function of time correlated to said quality parameter comprising at least one threshold quality parameter comprising a threshold change of quantity of said at least one biological element as a function of time, and wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
20. 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.
21. Claims 112 and 114-120 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 pre-AIA the applicant regards as the invention.
22. Claim 112 was amended to recite “wherein the analyzing system comprises a mobile and portable collector, the collector comprising sample chambers, wherein said agricultural group is a flock of animals and said agricultural group location is an animal location, wherein the analyzing system is configured - for receiving a plurality of samples, wherein the plurality of samples are received one at the time at a plurality of sample chambers in the collector…”. While claim 112 introduces the term “a mobile and portable collector”, claim 112 does not introduce “a collector.” The limitation “the collector” lacks antecedent basis and therefore renders the claim indefinite. It is unclear whether “the collector” refers to the introduced “a mobile and portable collector” or to a different collector. Appropriate correction is required.
23. All claims dependent from above rejected claims are also rejected due to dependency.
Claim Rejections - 35 USC § 101
24. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
25. Claims 103, 105-110, 112, 114-120, and 123 are rejected under 35 U.S.C. 101 because the claims are directed to an abstract idea without significantly more. The eligibility analysis in support of these findings is provided below, in accordance with MPEP 2106.
With respect to Step 1 of the eligibility inquiry (as explained in MPEP 2106), it is first noted that the claimed method (claims 103, 105-110, 123) and system (claims 112, 114-120) are directed to at least one of the eligible categories of subject matter under §101 (process and machine, respectively). Accordingly, claims 103, 105-110, 112, 114-120, and 123 satisfy Step 1 of the eligibility inquiry.
With respect to Step 2A Prong One, it is next noted that the claims recite abstract ideas that fall into the “Mathematical Concepts” such as mathematical relationships, formulas and calculations and “Mental Processes” or concepts performed in the human mind such as via observation, evaluation, and judgment. With respect to independent claim 103, the limitations reciting the abstract idea are indicated in bold below: - providing, at the analyzing system, a plurality of samples, each sample comprises particles or fragment(s) of particles collected from air from said agricultural group location at consecutive, selected time slots wherein each sample being correlated with a time attribute representing a time of collection, and wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system; - performing, at the analyzing system, at least one quantitative, biological element determination of at least one biological element of each of said samples to obtain data sub-sets comprising for each sample a result of said at least one quantitative, biological element determination and said time attribute for said sample, - transmitting, from the analyzing system to the computer system, the obtained data sub-sets,- correlating, at the computer system, one or more of said data sub-sets with reference data comprising at least one set of reference data; and - determining, at the computer system, said quality parameter of the agricultural group, wherein said agricultural group is a flock of animals and said agricultural group location is an animal location, wherein said at least one set of reference data is stored at the computer system, and wherein said at least one set of reference data represents a reference quantity of said biological element as a function of time correlated to said quality parameter comprising at least one threshold quality parameter comprising a threshold change of quantity of said at least one biological element as a function of time, wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event, wherein said initial event is selected from a group of hatching, birth, vaccinating, medicating, movement of animals, change of light setting, feed change, and/or outbreaks in neighboring herds and wherein the determination of said quality parameter comprises determining quantity of said at least one biological element as a function of time and wherein the method further comprises determining said quality parameter relative to said at least one threshold quality parameter. These limitations recite mathematical concepts, relationships, formulas or equations, or calculations, and/or mental processes performed in the mind via observation, evaluation, and judgment.
Because the above-noted limitations recite steps falling within the Mathematical Concepts and Mental Processes abstract idea groupings, they have been determined to recite at least one abstract idea when evaluated under Step 2A Prong One of the eligibility inquiry. Independent claims 112 and 123 recite similar limitations as those recited in claim 103 and therefore are found to recite the same abstract idea(s) as claim 103.
With respect to Step 2A Prong Two, the judicial exception is not integrated into a practical application. With respect to the independent claims, the additional elements recited are: the analyzing system, at a plurality of sample chambers in a mobile and portable collector of the analyzing system, and the computer system (claim 103), a computer system in data communication with an analyzing system adapted for, a mobile and portable collector, sample chambers, a plurality of sample chambers in the collector of the analyzing system (claim 112), the analyzing system, a plurality of sample chambers in a mobile and portable collector of the analyzing system, and the computer system (claim 123). These additional elements have been evaluated, but fail to integrate the abstract idea into a practical application because they amount to using generic computing elements or instructions (software) to perform the abstract idea, similar to adding the words “apply it” (or an equivalent), and merely serves to link the use of the judicial exception to a particular technological environment (network computing environment). See MPEP 2106.05(f) and 2106.05(h). Even if the “receiving” and “transmitting” steps are evaluated as additional elements, these steps amount at most to insignificant extra-solution activity, which is not indicative of a practical application, as noted in MPEP 2106.05(g). Furthermore, these additional elements fail to integrate the abstract idea into a practical application because they fail to provide an improvement to the functioning of a computer or to any other technology or technical field, fail to apply the exception with a particular machine, fail to apply the judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, fail to effect a transformation of a particular article to a different state or thing, and fail to apply/use the abstract idea in a meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
Accordingly, because the Step 2A Prong One and Prong Two analysis resulted in the conclusion that the claims are directed to an abstract idea, additional analysis under Step 2B of the eligibility inquiry must be conducted in order to determine whether any claim element or combination of elements amount to significantly more than the judicial exception.
With respect to Step 2B of the eligibility inquiry, it has been determined that the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. With respect to the independent claims, the additional elements recited are: the analyzing system, at a plurality of sample chambers in a mobile and portable collector of the analyzing system, and the computer system (claim 103), a computer system in data communication with an analyzing system adapted for, a mobile and portable collector, sample chambers, a plurality of sample chambers in the collector of the analyzing system (claim 112), the analyzing system, a plurality of sample chambers in a mobile and portable collector of the analyzing system, and the computer system (claim 123). These additional elements have been evaluated, but fail to add significantly more to the claims because they amount to using generic computing elements or instructions (software) to perform the abstract idea, similar to adding the words “apply it” (or an equivalent), which merely serves to link the use of the judicial exception to a particular technological environment (network computing environment) and does not amount to significantly more than the abstract idea itself. Therefore, the additional elements merely describe generic computing elements or computer-executable instructions (software) merely serve to tie the abstract idea to a particular operating environment, which does not add significantly more to the abstract idea. See, e.g., Alice Corp., 134 S. Ct. 2347, 110 USPQ2d 1976; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015).
With respect to the “receiving” and “transmitting” steps, these steps amount to insignificant extra-solution activity, which does not amount to a practical application (MPEP 2106.05(g)), nor add significantly more because such activity has been recognized as well-understood, routine, and conventional and thus insufficient to add significantly more to the abstract idea. See MPEP 2106.05(d) - Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
In addition, when taken as an ordered combination, the ordered combination adds nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements integrate the abstract idea into a practical application. Their collective functions merely provide generic computer implementation. Therefore, when viewed as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a practical application of the abstract idea or that, as an ordered combination, amount to significantly more than the abstract idea itself.
Dependent claims 105-110 and 114-120 recite the same abstract idea as recited in the independent claims, and when evaluated under Step 2A Prong One are found to either recite additional details that fall within the scope of the abstract idea itself, or include additional elements that amount to using a generic computer to tie the abstract idea to a particular technological environment which, as noted above, is not enough to amount to a practical application or significantly more. Dependent claims 105-110 and 114-120 have been found to merely refine the abstract idea with details/steps that fall within same “Mathematical Concepts,” and “Mental Processes” abstract idea groupings discussed above in the analysis of independent claim 103 along with, at most, other abstract ideas. For example, claims 105-110 recite the following limitations: “wherein said at least one threshold quality parameter further comprises at least one of - a threshold quantity of said at least one biological element and a threshold drift of quantity of said at least one biological element,” “wherein the quality parameter comprises a quantity parameter or a derived quantity parameter selected from a parameter of quantity of said biological element, a parameter of quantity of said biological element at a selected time from the initial event, a parameter of quantity of said biological element relative to a threshold, a parameter of quantity of said biological element relative to a quantity of one or more other biological elements,” “wherein the method comprises collecting said particles according to predetermined collecting instructions, said predetermined collection instructions comprises instructions of time slots for collecting particles, instructions of collecting time, instructions of location and/or movement of collector relative to elements of the agricultural group,” “wherein the method comprises collecting said particles,” “wherein said set(s) of reference data represents at least one threshold change of quantity of said biological element as a function of time from an initial event correlated to a selected level of said quality parameter,” “wherein the quality parameter is a quality parameter of the flock of animals selected from a biological parameter, a health parameter, a growth parameter, a meat quality parameter or a production parameter,” which further narrow the abstract idea recited in independent claim 103. Dependent claims 114-120 have been evaluated as well, however similar to claims 105-110, these claims also set forth steps falling within the same Mental Processes, and/or Mathematical Concepts abstract idea groupings recited in the independent claims. The additional elements recited in the dependent claims include a collector selected from an electrostatic collector and/or a filter collector (claim 108) and a data cloud storage (claim 116). However, this element is recited at a high level of generality and fails to yield any discernible improvement to the computer or to any technology, nor set forth any additional function or result that provided meaningful limitation beyond linking the abstract idea to a particular technological environment (i.e., automated/computing environment), and thus fail to integrate the abstract idea into a practical application.
The ordered combination of elements in the dependent claims (including the limitations inherited from the parent claim(s)) add nothing that is not already present as when the elements are taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide generic computer implementation. Accordingly, the subject matter encompassed by the dependent claims fails to amount to a practical application or significantly more than the abstract idea itself.
For more information, see MPEP 2106.
Claim Rejections - 35 USC § 103
26. 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 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.
27. 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.
28. 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.
29. 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.
30. Claims 103, 105-110, 112, 114-120, and 123 are rejected under 35 U.S.C. 103 as being unpatentable over Dillon et al., Pub. No.: WO 2015/171834 A1, [hereinafter Dillon], in view of Yanai et al., Pub. No.: US 2010/0198023 A1, [hereinafter Yanai], in view of Mitchell et al., Patent No.: US 7,046,011 B2, [hereinafter Mitchell], in further view of Basch et al., Patent No.: US 6,138,521 A, [hereinafter Basch].
As per claim 103, teaches a computer-implemented method of determining, via a quality system comprising an analyzing system and a computer system in communication with one another, a quality parameter of an agricultural group located at an agricultural group location, the method (paragraph 0001: “methods and materials for monitoring and managing the microbiome of a facility and so relates to the fields of microbiology, molecular biology, indoor air quality, occupant health, and facilities management”; paragraphs 0096, 0146-0148, 0150, 0159) comprising
providing, at the analyzing system, a plurality of samples, each sample comprises particles or fragment(s) of particles collected from air from said agricultural group location at consecutive, selected time slots wherein each sample being correlated with a time attribute representing a time of collection (paragraph 0002, discussing that the presence of pathogenic microbes in a facility is known to present health risks to the occupants of the building. There is a growing awareness that that the numbers and types of microbes in a building, sometimes referred to as the built environment microbiome, might have a dramatic impact on the occupants of the building and the operations that occur in that building; paragraph 0018, discussing that the term built environment refers to any structure or set of structures constructed as a result of human activity and naturally occurring structures inhabited by humans or animals under human care; paragraph 0057, discussing that a characterization of the microbiome of a facility will be determined from samples obtained from the facility. Suitable sources of samples include air [i.e., This shows that each sample comprises particles or fragment(s) of particles collected from air from said agricultural group location], dust, surface materials, and water; paragraph 0061, discussing that various sampling methods may be used to collect target molecules. In some instances, a sampling method is selected based upon the specific characteristics of the facility from which the target molecules are being collected…More disruptive sampling methods, such as high-volume vacuum pump air collection, are more appropriate in manufacturing facilities where excessive noise is acceptable; paragraph 0062, discussing that monitoring airborne microbiome dynamics in an office environment requires air sampling, which may be continuous depending on the application. As another example, identifying allergens in the airborne microbiome requires collecting dry microbes, as on a dry vacuum filter, because microbial viability is not necessary for allergenicity...Additionally, when indoor air quality is being considered, simultaneous collection of non-biological environmental parameters may be important…; paragraphs 0058, 0073);
- performing, at the analyzing system, at least one quantitative, biological element determination of at least one biological element of each of said samples to obtain data sub-sets comprising for each sample a result of said at least one determination and said time attribute for said sample (paragraph 0057, discussing that a characterization of the microbiome of a facility will be determined from samples obtained from the facility. Suitable sources of samples include air, dust, surface materials, and water; paragraph 0058, discussing that the microbiome of a facility is characterized at a point in time or during a period of time or monitored for changes over time or monitored with changes intended to alter the microbiome being implemented contemporaneously. In some instances, the microbiome is monitored for a period of time lasting from minutes to more than a year. In one embodiment, a microbiome is monitored for 24 hours. In one embodiment, a microbiome is monitored for three to seven days. In one embodiment, a microbiome is monitored for one to three months. In one embodiment, a microbiome is monitored for an extended period of time, such as for a period exceeding a year. In some instances, a microbiome is monitored for the life of a facility comprising the microbiome; paragraph 0073, discussing that passive samplers can be used to collect particles and bioaerosols that settle out during the sampling period; paragraphs 0002, 0062),
- correlating, at the computer system, one or more of said data sub-sets with reference data comprising at least one set of reference data (paragraph 0004, discussing methods for correlating a facility microbiome with one or more facility operation parameters, said method comprising (i) characterizing the facility microbiome over a period of time; (ii) characterizing a facility operating parameter over said period of time and comparing it to the characterization of the facility microbiome; and (iii) identifying any changes in said facility microbiome that correlate with changes in the facility operating parameter; paragraph 0036, discussing that cleaning practices (with antibacterial products, for instance) can result in the rapid evolution o of antibacterial-resistance genes in bacteria and fungi, and this is especially the case in hospitals. Less problematic microbes, such as those from plants and soils that circulate in outdoor air, can effectively be introduced in ventilated air, which effectively dilutes high concentrations of human- associated microbes. Some microbes are only able to infect a human if present at a concentration above a certain threshold, and changing one or more facility parameters to dilute the concentration of such a pathogen can cause the concentration of the pathogen to drop below the threshold. The dilution can occur through multiple independent mechanisms; paragraph 0156, discussing that a computer system pr is employed to monitor indoor and outdoor microbes and built environment microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter when the threshold is exceeded; paragraphs 0006, 0152); and
wherein said agricultural group is a flock of animals and said agricultural group location is an animal location (paragraph 0018, discussing that the term built environment refers to any structure or set of structures constructed as a result of human activity and naturally occurring structures inhabited by humans or animals under human care; paragraph 0093, discussing that antibiotic resistance activity in a built environment is also important in facilities that house animals for livestock production, such as chicken houses and other facilities for poultry production), wherein said initial event is selected from hatching, birth, vaccinating, medicating, detection of disease related pathogens, movement of animals, change of light setting, feed change, and/or outbreaks in neighboring herds or wherein said agricultural group is a feed lot and said agricultural group location is a feed lot location or said agricultural group is an animal bedding lot and said agricultural group location is an animal bedding lot location and wherein said initial event is selected from a change of temperature, change of location, change in humidity, change of season, mixing with another feed lot and/or breach of a biosecurity protocol (paragraph 0194, discussing that samples are collected and only analyzed and correlated with other data once an outbreak of some pathogen caused illness occurs [i.e., This shows that said initial event is selected from hatching, birth, vaccinating, medicating, detection of disease related pathogens, movement of animals, change of light setting, feed change, and/or outbreaks in neighboring herds], so that the correlations are used to guide future activities (i.e., use of a different cleaning protocol or different frequency of cleaning to reduce outbreaks on future trips). One example outcome of the last instance is the finding that the first detection of norovirus three days prior to the outbreak is in the cruise ship kitchen during preparation for initial departure. This suggests early and thorough sampling throughout the kitchen before every trip to develop an early detection system for future outbreaks),
wherein said at least one set of reference data is stored at the computer system (paragraph 0151, discussing that the control unit can also be configured to store collected data in association with one or more operation parameters that existed at the time the sample(s) on which the collected data is based were collected. In such cases, the control unit may be configured to obtain data representing the current operation parameters from the various systems of the facility. For example, collected data that was generated based on one or more samples that were collected at a first time can be correlated with one or more operation parameters that existed at the first time. In this way, the user can better identify the effect that the one or more operation parameters may have had on the microbiome or predict it for future use…; paragraph 0152, discussing that the control unit may store a first set of collected data in association with a first set of operation parameters, a second set of collected data in association with a second set of operation parameters, and a third set of collected data in association with a third set of operation parameters. All such data sets can be identified as to time of collection and compared with data sets taken at other times. The first and second sets of collected data may indicate that the microbiome included a harmful level of a particular microbe while the third set of collected data may indicate that the level of the particular microbe in the microbiome was no longer harmful. The user may then analyze the first, second, and third sets (and three of course is not the upper limit) of operation parameters to identify that a change occurred in the operation parameters between the second and third sets. The user could then conclude that the reduction in the level of the harmful microbe was likely a result of the change; paragraph 0185), and
wherein said at least one set of reference data represents a reference quantity of said biological element as a function of time correlated to said quality parameter comprising at least one threshold quality parameter comprising a threshold change of quantity of said at least one biological element as a function of time (paragraph 0036, discussing that less problematic microbes, such as those from plants and soils that circulate in outdoor air, can effectively be introduced in ventilated air, which effectively dilutes high concentrations of human- associated microbes. Some microbes are only able to infect a human if present at a concentration above a certain threshold, and changing one or more facility parameters to dilute the concentration of such a pathogen can cause the concentration of the pathogen to drop below the threshold. The dilution can occur through multiple independent mechanisms; paragraph 0152, discussing that the control unit may store a first set of collected data in association with a first set of operation parameters, a second set of collected data in association with a second set of operation parameters, and a third set of collected data in association with a third set of operation parameters. All such data sets can be identified as to time of collection and compared with data sets taken at other times. The first and second sets of collected data may indicate that the microbiome included a harmful level of a particular microbe while the third set of collected data may indicate that the level of the particular microbe in the microbiome was no longer harmful. The user may then analyze the first, second, and third sets (and three of course is not the upper limit) of operation parameters to identify that a change occurred in the operation parameters between the second and third sets. The user could then conclude that the reduction in the level of the harmful microbe was likely a result of the change; paragraph 0156, discussing that a computer system is employed to monitor indoor and outdoor microbes and BE microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter when the threshold is exceeded),
wherein said initial event is selected from a group of hatching, birth, vaccinating, medicating, detection of disease related pathogens, movement of animals, change of light setting, feed change, and/or outbreaks in neighboring herds (paragraph 0194, discussing that samples are collected and only analyzed and correlated with other data once an outbreak of some pathogen caused illness occurs [i.e., This shows that said initial event is selected from a group of hatching, birth, vaccinating, medicating, detection of disease related pathogens, movement of animals, change of light setting, feed change, and/or outbreaks in neighboring herds], so that the correlations are used to guide future activities (i.e., use of a different cleaning protocol or different frequency of cleaning to reduce outbreaks on future trips). One example outcome of the last instance is the finding that the first detection of norovirus three days prior to the outbreak is in the cruise ship kitchen during preparation for initial departure. This suggests early and thorough sampling throughout the kitchen before every trip to develop an early detection system for future outbreaks) and
wherein the determination of said quality parameter comprises determining quantity of said at least one biological element as a function of time and wherein the method further comprises determining said quality parameter relative to said at least one threshold quality parameter (paragraph 0153, discussing that when the user identifies from the collected data that the microbiome currently includes a harmful level of a microbe, the user can then review the current operation parameters to determine whether any change can and should be made to improve the microbiome. In such cases, the user interface can provide options for manually modifying one or more changeable operation parameters; paragraph 0156, discussing that a computer system is employed to monitor indoor and outdoor microbes and BE microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter (such as MERV-13 or higher) when the threshold is exceeded).
Dillon describes determining said quality parameter of the agricultural group location (paragraph 0045, discussing that the condition of a BE (built environment) microbiome is an important consideration to any facility that experience financial and/or health loss due to indoor microbial problems. Non-limiting examples of challenges which may be presented by poor BE microbiome condition include facility shutdowns, revenue loss,…, airborne outbreaks (flu, measles, and other diseases caused by microbes),…, mold contamination, and occupant discomfort. Some embodiments of the invention provide for improved BE microbiome conditions as manifested by the following non-limiting indications: detection of fewer targeted pathogens/allergens,…; outbreak stop/avoidance;…; and improved indoor air quality; paragraph 0062, discussing that monitoring airborne microbiome dynamics in an office environment requires air sampling, which may be continuous depending on the application. As another example, identifying allergens in the airborne microbiome requires collecting dry microbes, as on a dry vacuum filter, because microbial viability is not necessary for allergenicity…; paragraph 0071, discussing that air can be sampled to assess the quality, type, identity, metabolic profile, allergenicity, and gene content of various target molecules; paragraph 0114, discussing that the frequency, severity and type of infections, sickness, and/or mortality of the occupants (human and/or animal), as well as the outcome of any treatment of infection or sickness, are key facility performance indicators; paragraph 0137, discussing that in times of high pollen and particulate matter, less outdoor air and more indoor recycled air may be advantageous because it reduces allergenicity and therefore lung function and other aspects of personal comfort and productivity. The invention enables the operators of the facility to monitor these potential conditions and alter the environment to reduce the likelihood that air quality will cause employee health problems; paragraphs 0058, 0073, 0117).
While Dillon describes determining said quality parameter of the agricultural group location, Dillon does not explicitly teach wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system; and determining, at the computer system, said quality parameter of the agricultural group; and wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event. Yanai in the analogous art of livestock monitoring systems teaches:
determining, at the computer system, said quality parameter of the agricultural group (paragraph 0014: “According to a first aspect of the present invention there is provided a livestock groups computerized health monitoring system”; a paragraph 0016, discussing that the at least one database may comprise, for each parameter measured by the sensors, quantified records of the measured parameter and quantified records indicating normal status, abnormalities and pathologies; paragraph 0027, discussing that the livestock may comprise one of poultry, bees, cattle, sheep and goats…There is provided a computerized method for monitoring the health of livestock groups, comprising the steps of: collecting measurements data from a plurality of data collecting units of different types, each type comprising at least one sensor, said data collecting unit types selected from the group consisting of acoustic sensors, vitality meters, ammonia sensors, visual sensors and scent sensors; computing quantified records of the measured parameters; comparing the computed records to pre-stored quantified records indicating normal status, abnormalities and pathologies; and analyzing the comparison results; paragraph 0029, discussing that the method may additionally comprise the step of categorizing said quantified records of the measured parameters in view of said comparison results as new normal, abnormal or pathological phenomena, according to predefined criteria; paragraph 0031, discussing that the method may additionally comprise the step of analyzing said quantified records of the measured parameters for changes over time; paragraph 0051, discussing that the "HEMOSYS" (Health monitoring system) is a data collector and a monitor of livestock's health status and disease outbreak--which revolutionizes the health control practices in poultry and other anonymous livestock groups. This system presents, for the first time, a combined approach to livestock groups' health and its monitoring; a systemic quantified and automated approach of monitoring health parameters of the entire group on one hand, and individual approach, of monitoring a statistically sufficient number of individuals in the group on the other hand. Integration, processing and analysis of the data collected enables early and reliable detection of morbidity and disease outbreak; paragraph 0052, discussing that this system is designed to enable real-time or near real-time monitoring of poultry and other livestock groups, by significant health parameters; paragraph 0108, discussing that measures collected are transmitted to the server, detector number and time of collection defined and added to each record. Ammonia level records are digitized and saved. Records are analyzed to detect a raise above predefined threshold level as well as changes indicating disease. The server may be connected to the house operative system and when Ammonia level is above threshold--activate blowers to lower that level. This procedure will be limited to a predefined number of activations. After that, the user will be alerted. Different levels of alert will be activated upon predefined criteria of Ammonia level and change of that level along time; paragraph 0080); and
wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event (paragraph 0082, discussing that the operational part of the server software activates data transfer from the sensing sub-systems on predetermined time intervals. This activation may be sequential or simultaneous. Some subsystems will collect data constantly, and transmit the collected data upon the above mentioned activation; others will collect and transmit data directly upon activation. Proper switching to each sub-system is made at the communication center. Activation may also be triggered for specific purposes by either (a) Manual command of the user or (b) Special command of the system whenever additional data is required for phenomenon analysis of the entire flock, specific group or zone or specific individuals; paragraph 0161, discussing that if the number of sentinels exhibiting a decrease in vitality patterns is above predefined threshold for each parameter, it will trigger alert. The rate of change is also analyzed and may trigger an alert for fast deterioration of vitality even for a relatively small number of sentinels. Criteria for alert are preprogrammed for each parameter measured as well as for change rate; paragraphs 0085-0090, 0165).
Examiner notes that, Yanai in addition to Dillon as cited above, also teaches wherein said agricultural group is a flock of animals and said agricultural group location is an animal location (paragraph 0059, discussing a core computing unit that utilizes smart algorithms constantly and continuously analyzing the flock's health status, compares the current status to healthy flock parameters, alerts for abnormalities and presents the flock's status to the end user interface; paragraph 0097, discussing evaluating the general health and productivity status of the flock by comparison with pre-defined normal conditions; paragraph 0153, discussing that the server of the present invention may be connected to existing infra structures of the poultry house. Data collected in these devices is added to the database and used by the system to analyze and evaluate the flock's health status--continuously).
Dillon is directed towards a method and system for monitoring and managing a facility microbiome. Yanai is directed towards a computerized system and method for livestock groups health monitoring. Therefore they are deemed to be analogous as they both are directed towards facility monitoring systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Dillon with Yanai because the references are analogous art because they are both directed to solutions for monitoring and sampling, which falls within applicant’s field of endeavor (system and a method for determining a quality parameter of a flock of animals), and because modifying Dillon to include Yanai’s features for determining, at the computer system, said quality parameter of the agricultural group and including wherein the at least one set of reference data comprises event data representing the quality parameter of the agricultural group and the agricultural group location as a function of time relative to an initial event, in the manner claimed, would serve the motivation of enabling early and reliable detection of morbidity and disease outbreak (Yanai at paragraph 0051), or in the pursuit of allowing the farmer to quickly realize the best course of action to take in a particular situation based on the impact information; and further obvious because the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
While Yanai describes that the health monitoring system is a data collector and a monitor of livestock's health status and disease outbreak--which revolutionizes the health control practices in poultry and other anonymous livestock groups (paragraph 0051) and that “the system comprises three main units: 1. Data collecting unit. A set of sensors and devices for collecting essential data and transmitting the collected data to the core (computing) unit. 2. Communication platform. This basic platform serves as bi-directional communication and control center. It operates and controls its "Extension fingers"--the data collectors, receives data from the "fingers" and transmits the information to the computing unit.” (paragraphs 0059-0062), the Dillon-Yanai combination does not explicitly teach wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system. Mitchell in the analogous art of air sampling devices for high efficiency sampling of bioaerosols teaches:
wherein the plurality of samples are received one at the time in a mobile and portable collector of the analyzing system (col. 3, lines 13-19, discussing that it is an object of the invention is to provide a high efficiency electrostatic sampling device for sampling airborne particulates which has at least one discharge electrode, a DC powered high voltage power supply, a collector means, and media for the desired sampled microorganisms; col. 3, lines 49-56, discussing that a still further object of the invention is to provide a high efficiency electrostatic sampling device for sampling airborne particulates, especially microorganisms, which includes at least one discharge electrode, a DC powered high voltage power supply, a voltage regulator, at least one battery, collector means, means for grounding, media, a first sealed compartment, and a second sealed compartment; col. 5, lines 14-22, discussing that collection of bioaerosols is important for general sanitation, health research, and disease outbreaks-especially for detecting pathogens. Bioaerosol sampling in animal housing, processing areas, hatcheries, etc. can identify the presence of Salmonella, E. coli, Influenza, Newcastle disease virus, etc.; col. 5, lines 23-37, discussing that the most commonly used samplers are settling plates which can detect moderate levels of bacteria or mold but may require several hours of exposure resulting in dehydration of media and lowered viability of organisms. Settling plates are also prone to miss many of the smaller particles which tend to stay in suspension. Desired sampler characteristics include a device that is easy to use, that is capable of detecting very low levels of microorganisms; is easy to disinfect, and can directly collect microorganisms onto solid or liquid media or solid surfaces with limited damage to the microorganisms. The sampling device should be lightweight, small, and easy to transport [i.e., mobile and portable collector]; col. 6, lines 32-35, discussing that the electrostatic sampling device, while exemplified for poultry houses, can be used in any area where bioaerosol sampling is desired; col. 10, lines 62-67 & col. 11, lines 1-65).
The Dillon-Yanai combination describes features related to monitoring and managing a facility microbiome. Mitchell is directed towards a high efficiency electrostatic air sampler. Therefore they are deemed to be analogous as they both are directed towards monitoring and sampling systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the Dillon-Yanai combination with Mitchell because the references are analogous art because they are both directed to solutions for monitoring and sampling, which falls within applicant’s field of endeavor (system and a method for determining a quality parameter of a flock of animals), and because modifying the Dillon-Yanai combination to include Mitchell’s feature for including wherein the plurality of samples are received one at the time at a plurality of sample chambers in a mobile and portable collector of the analyzing system, in the manner claimed, would serve the motivation of providing a more effective system for sampling viable and non-viable microorganisms and particles from bioaerosols (Mitchell at col. 2, lines 65-67); and further obvious because the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
The Dillon-Yanai-Mitchell combination does not explicitly teach wherein the plurality of samples are received one at the time at a plurality of sample chambers. However, Basch in the analogous art of air samplers teaches this concept. Basch teaches:
wherein the plurality of samples are received one at the time at a plurality of sample chambers (col. 1, lines 10-15, discussing a sequential air sampler having an automatic sample collector changer; col. 1, lines 52-56, discussing that an air sampler includes a supply magazine for the supply of multiple fresh sample collectors and a closable receiving magazine for the reception and storage of used sample collectors; col. 2, lines 3-9, discussing an air sampler having an automatic sample collector changer includes a sampling station for sampling air to collect a sample on a sample collector, a supply magazine for holding a supply of fresh sample collectors, and a receiving magazine for receiving and storing used collectors from said sampling station following air sampling; col. 6, lines 1-28, discussing that the sample collector changer utilizes the supply magazine and receiving magazine…The sample collector changing sequence is illustrated in FIGS. 4-7... In FIG. 4, shuttle 90 is in its "home" position on the far side of the supply magazine and the topmost fresh sample collector is raised to the same level as the shuttle by slight pressurization of the actuator at the lower end of magazine. Then, as shown in FIG. 5, the lower holder of sampling station is displaced downwardly by actuator to disengage seal. Simultaneously the actuator raises the plunger to uncover the top entrance of the receiving magazine in preparation for receipt of a used sample collector. FIG. 7 shows the shuttle retracting, simultaneously pushing a fresh sample collector into the sampling position and positioning the used sample collector over the top entrance of the receiving magazine. Next the actuator lowers the plunger, pushing the used collector down into receiving magazine and closing the top entrance of the receiving magazine. Concurrently, the actuator raises lower holder resulting in a seal around the fresh sample collector in the sampling station...Air flow through the sample collector in the sampling station is then established and continues for a preprogrammed period of time (typically 24 hours) after which the collector exchange sequence commences again.).
The Dillon-Yanai-Mitchell combination describes features related to monitoring and sampling. Basch is directed towards a sequential air sampler. Therefore they are deemed to be analogous as they both are directed towards monitoring and sampling systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the Dillon-Yanai-Mitchell combination with Basch because the references are analogous art because they are both directed to solutions for monitoring and sampling, which falls within applicant’s field of endeavor (system and a method for determining a quality parameter of a flock of animals), and because modifying the Dillon-Yanai-Mitchell combination to include Basch’s feature for including wherein the plurality of samples are received one at the time at a plurality of sample chambers, in the manner claimed, would serve the motivation of providing means to simply, automatically and reliably change sample collectors in an air sampler (Basch at col. 7, line 67 & col. 8, lines 1); and further obvious because the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 105, the Dillon-Yanai-Mitchell-Basch combination teaches the method of claim 103. Dillon further teaches wherein said at least one threshold quality parameter further comprises at least one of - a threshold quantity of said at least one biological element and - a threshold drift of quantity of said at least one biological element (paragraph 0036, discussing that less problematic microbes, such as those from plants and soils that circulate in outdoor air, can effectively be introduced in ventilated air, which effectively dilutes high concentrations of human- associated microbes. Some microbes are only able to infect a human if present at a concentration above a certain threshold, and changing one or more facility parameters to dilute the concentration of such a pathogen can cause the concentration of the pathogen to drop below the threshold. The dilution can occur through multiple independent mechanisms; paragraph 0156, discussing that a computer system is employed to monitor indoor and outdoor microbes and BE microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter when the threshold is exceeded).
As per claim 106, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 103. Dillon further teaches wherein the quality parameter comprises a quantity parameter or a derived quantity parameter selected from a parameter of quantity of said biological element, a parameter of quantity of said biological element at a selected time from the initial event, a parameter of quantity of said biological element relative to a threshold, a parameter of quantity of said biological element relative to a quantity of one or more other biological elements (paragraph 0036, discussing that less problematic microbes, such as those from plants and soils that circulate in outdoor air, can effectively be introduced in ventilated air, which effectively dilutes high concentrations of human- associated microbes. Some microbes are only able to infect a human if present at a concentration above a certain threshold, and changing one or more facility parameters to dilute the concentration of such a pathogen can cause the concentration of the pathogen to drop below the threshold. The dilution can occur through multiple independent mechanisms; paragraph 0156, discussing that a computer system is employed to monitor indoor and outdoor microbes and BE microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter when the threshold is exceeded).
As per claim 107, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 103. Dillon further teach wherein the method comprises collecting said particles according to predetermined collecting instructions, said predetermined collection instructions comprises instructions of time slots for collecting particles, instructions of collecting time, instructions of location and/or movement of collector relative to elements of the agricultural group (paragraph 0058, discussing that the microbiome of a facility is characterized at a point in time or during a period of time or monitored for changes over time or monitored with changes intended to alter the microbiome being implemented contemporaneously. In some instances, the microbiome is monitored for a period of time lasting from minutes to more than a year. In one embodiment, a microbiome is monitored for 24 hours. In one embodiment, a microbiome is monitored for three to seven days. In one embodiment, a microbiome is monitored for one to three months. In one embodiment, a microbiome is monitored for an extended period of time, such as for a period exceeding a year…; paragraph 0059, discussing that change in the facility's microbiome is determined by comparing results from multiple samples obtained during a sampling period from the same facility or from similar or selected diverse facilities. In many embodiments, samples are collected two or more times over the course of a sampling period. The frequency of sample collection may be hourly, daily, monthly, yearly, or any combination thereof and will vary depending on the facility and the intended purpose of the monitoring; paragraph 0061, discussing that various sampling methods may be used to collect target molecules. In some instances, a sampling method is selected based upon the specific characteristics of the facility from which the target molecules are being collected...More disruptive sampling methods, such as high-volume vacuum pump air collection, are more appropriate in manufacturing facilities where excessive noise is acceptable; paragraph 0073).
As per claim 108, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 103. Dillon further teaches wherein the method comprises collecting said particles using a collector selected from an electrostatic collector and/or a filter collect or (paragraph 0068, discussing that for air and other gases, sampling may be done, for example and without limitation, using a vacuum pump to pull the air or other gas through a filter to which microbes adhere or become otherwise entrapped; paragraph 0071, discussing that air can be sampled to assess the quality, type, identity, metabolic profile, allergenicity, and gene content of various target molecules. Air samples may be obtained via various well known techniques in the art, including but not limited to passive settling dish assays, passive static-charged cloth assays, and vacuum air pump collection using at least one of a sterile button filter, a sterile filter cup…; paragraph 0062).
As per claim 109, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 103. Dillon further teaches wherein said set(s) of reference data represents at least one threshold change of quantity of said biological element as a function of time from an initial event correlated to a selected level of said quality parameter (abstract, discussing that facilities operations can be conducted more safely, efficiently, and cost-effectively by monitoring changes in the facility microbiome and intervening when those changes indicate the likelihood of a deleterious effect therefrom; paragraph 0004, discussing methods for correlating a facility microbiome with one or more facility operation parameters, said method comprising (i) characterizing the facility microbiome over a period of time; (ii) characterizing a facility operating parameter over said period of time and comparing it to the characterization of the facility microbiome; and (iii) identifying any changes in said facility microbiome that correlate with changes in the facility operating parameter; paragraph 0058, discussing that the microbiome of a facility is characterized at a point in time or during a period of time or monitored for changes over time or monitored with changes intended to alter the microbiome being implemented contemporaneously; paragraph 0096, discussing that the data processing software of the high-throughput screening system is configured to identify correlations between changes in the microbiome and changes or events in facility operation parameters, as well as changes in facility performance. This data may thus be used to guide facility operation parameters to achieve a desirable microbiome and therefore better performance of the facility; paragraph 0156, discussing that a computer system is employed to monitor indoor and outdoor microbes and built environment microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter when the threshold is exceeded).
As per claim 110, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 103. Dillon further teaches wherein the quality parameter is a quality parameter of the flock of animals selected from a biological parameter, a health parameter, a growth parameter, a meat quality parameter or a production parameter (paragraph 0018, discussing that the term built environment refers to any structure or set of structures constructed as a result of human activity and naturally occurring structures inhabited by humans or animals under human care; paragraph 0071, discussing that air can be sampled to assess the quality, type, identity, metabolic profile, allergenicity, and gene content of various target molecules; paragraph 0093, discussing that antibiotic resistance activity in a built environment is also important in facilities that house animals for livestock production, such as chicken houses and other facilities for poultry production; claim 18: “the facility performance parameter is selected from the group consisting of number, frequency and/or outcome of infections of patients or occupants, and health or growth of animals”; paragraph 0190).
Examiner notes that, Yanai in addition to Dillon as cited above, also teaches: wherein the quality parameter is a quality parameter of the flock of animals selected from a biological parameter, a health parameter, a growth parameter, a meat quality parameter or a production parameter (paragraph 0059, discussing a core computing unit that utilizes smart algorithms constantly and continuously analyzing the flock's health status, compares the current status to healthy flock parameters, alerts for abnormalities and presents the flock's status to the end user interface; paragraph 0097, discussing evaluating the general health and productivity status of the flock by comparison with pre-defined normal conditions; paragraph 0153, discussing that the server of the present invention may be connected to existing infra structures of the poultry house. Data collected in these devices is added to the database and used by the system to analyze and evaluate the flock's health status--continuously).
Claim 112 recites substantially similar limitations that stand rejected via the art citations and rationale applied to claim 103, as discussed above. Further, as per claim 112 the Dillon-Yanai-Mitchell-Basch combination teaches a quality system for determining a quality parameter of agricultural group suitably for use in the computer-implemented method of claim 103, the quality system comprising a computer system in data communication with an analyzing system adapted for analyzing samples of particles collected from air from an agricultural group location comprising the agricultural group (Dillon, paragraphs 0096, 0146-0148, 0150, 0159), wherein the analyzing system comprises a mobile and portable collector (Mitchell, col. 3, lines 13-19, col. 3, lines 49-56, col. 5, lines 14-22, col. 5, lines 23-37, col. 6, lines 32-35, col. 10, lines 62-67 & col. 11, lines 1-65), the collector comprising sample chambers (Basch, col. 1, lines 10-15; col. 1, lines 52-56; col. 2, lines 3-9; col. 6, lines 1-28).
As per claim 114, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 112. Dillon further teaches wherein the computer system and/or a data cloud storage in data communication with said computer system stores said at least one set of reference data, each of said at least one set of reference data comprises reference data representing quantity of said at least one biological element as a function of time correlated to said quality parameter, wherein said at least one set of reference data comprises reference data representing at least one quality parameter associated to at least one type of agricultural group and/or type of agricultural group location and is suitable for being applied for reference data for determining said at least one quality parameter for said respective type of agricultural group and/or type of agricultural group location (paragraph 0152, discussing that the control unit may store a first set of collected data in association with a first set of operation parameters, a second set of collected data in association with a second set of operation parameters, and a third set of collected data in association with a third set of operation parameters. All such data sets can be identified as to time of collection and compared with data sets taken at other times. The first and second sets of collected data may indicate that the microbiome included a harmful level of a particular microbe while the third set of collected data may indicate that the level of the particular microbe in the microbiome was no longer harmful. The user may then analyze the first, second, and third sets (and three of course is not the upper limit) of operation parameters to identify that a change occurred in the operation parameters between the second and third sets. The user could then conclude that the reduction in the level of the harmful microbe was likely a result of the change; paragraph 0153, discussing that when the user identifies from the collected data that the microbiome currently includes a harmful level of a microbe, the user can then review the current operation parameters to determine whether any change can and should be made to improve the microbiome. In such cases, the user interface can provide options for manually modifying one or more changeable operation parameters; paragraph 0156, discussing that a computer system is employed to monitor indoor and outdoor microbes and BE microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter (such as MERV-13 or higher) when the threshold is exceeded).
Claim 115 recites substantially similar limitations that stand rejected via the art citations and rationale applied to claim 106, as discussed above.
Claim 116 recites substantially similar limitations that stand rejected via the art citations and rationale applied to claim 107, as discussed above.
Claim 117 recites substantially similar limitations that stand rejected via the art citations and rationale applied to claim 108, as discussed above. Further, as per claim 117, the Dillon-Yanai-Mitchell-Basch combination teaches wherein at least a part of the analyzing system is integrated with the collector to provide that the analyzer configured for at least partly performing the at least one quantitative, biological element determination of each of said received samples, wherein the analyzer is configured for performing a PCR amplification, sequencing, mass spectroscopy, high pressure liquid chromatography, incubation, microbiological examination and/or optical identification (Dillon, paragraph 0003, discussing methods for characterizing a facility microbiome, said method comprising: collecting samples from a variety of locations in said facility; paragraph 0057, discussing that a characterization of the microbiome of a facility will be determined from samples obtained from the facility. Suitable sources of samples include air, dust, surface materials, and water; paragraph 0071, discussing that air can be sampled to assess the quality, type, identity, metabolic profile, allergenicity, and gene content of various target molecules. Air samples may be obtained via various well known techniques in the art, including but not limited to passive settling dish assays, passive static-charged cloth assays, and vacuum air pump collection using at least one of a sterile button filter, a sterile filter cup…; paragraph 0102, discussing that which can be handheld or wall mounted, can also be used for sequencing facility microbiome samples in many important embodiments of the invention. Currently- available molecular sequencing technology, for example the Oxford Nanopore MinlON (Oxford Nanopore Technologies, Oxford, UK), generates thousands of targeted DNA amplicon sequences within 6 hours, including DNA preparation, loading, sequencing, dataset generation, and basic bioinformatic analysis. The device is smaller than an iPhone, and plugs into a laptop computer via USB, and can linked to a wireless or Ethernet connection for sending sequence data. Cloud-based real-time bioinformatic capabilities for field processing and analysis are also possible with the device. One advantage of this technology over current high-throughput sequencing methods is much longer sequence reads that enable species- and/or strain-level identification. Sample preparation for this technology currently includes the following steps: DNA extraction, PCR or fragmentation, end repair and hairpin ligation, incubation. This is the first generation of such near-real-time sequencing technology and anticipated improvements will simply make the methods of the present invention easier and more cost efficient to implement).
As per claim 118, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 112. Dillon further teaches wherein the computer system is configured for receiving said consecutively sub-sets of said data in real time as they are generated by the analyzing system, wherein the computer system is configured for correlating said received consecutively sub-sets of said data with said reference data in real time as they are received by the computer system and for each of said correlations with reference data (paragraph 0004, discussing methods for correlating a facility microbiome with one or more facility operation parameters, said method comprising (i) characterizing the facility microbiome over a period of time; (ii) characterizing a facility operating parameter over said period of time and comparing it to the characterization of the facility microbiome; and (iii) identifying any changes in said facility microbiome that correlate with changes in the facility operating parameter; paragraph 0102, discussing that cloud-based real-time bioinformatic capabilities for field processing and analysis are also possible with the device; paragraph 0159, discussing that a computer system in an be configured to monitor the microbiome of a facility and modify one or more operation parameters to address detected changes in the microbiome. This monitoring and modifying can be performed on a real-time basis to ensure that the microbiome remains acceptable; paragraph 0188, discussing that the sequencing occurs at the hospital so that remedial action can be taken in real-time or near real-time. For instance, real-time sequencing detects the presence of airborne MRSA in hallway sensors, activating the HVAC system to increase ventilation rates to 10 ACH, and exhaust hallway air directly to the outside of the building or through a UV sterilization unit, instead of recirculating exhaust air).
Although not explicitly taught by Dillon, Yanai in the analogous art of livestock monitoring systems teaches performing said determination of said quality parameter of agricultural group (paragraph 0014: “According to a first aspect of the present invention there is provided a livestock groups computerized health monitoring system”; a paragraph 0016, discussing that the at least one database may comprise, for each parameter measured by the sensors, quantified records of the measured parameter and quantified records indicating normal status, abnormalities and pathologies; paragraph 0027, discussing that the livestock may comprise one of poultry, bees, cattle, sheep and goats…There is provided a computerized method for monitoring the health of livestock groups, comprising the steps of: collecting measurements data from a plurality of data collecting units of different types, each type comprising at least one sensor, said data collecting unit types selected from the group consisting of acoustic sensors, vitality meters, ammonia sensors, visual sensors and scent sensors; computing quantified records of the measured parameters; comparing the computed records to pre-stored quantified records indicating normal status, abnormalities and pathologies; and analyzing the comparison results; paragraph 0029, discussing that the method may additionally comprise the step of categorizing said quantified records of the measured parameters in view of said comparison results as new normal, abnormal or pathological phenomena, according to predefined criteria; paragraph 0031, discussing that the method may additionally comprise the step of analyzing said quantified records of the measured parameters for changes over time; paragraph 0051, discussing that the "HEMOSYS" (Health monitoring system) is a data collector and a monitor of livestock's health status and disease outbreak--which revolutionizes the health control practices in poultry and other anonymous livestock groups. This system presents, for the first time, a combined approach to livestock groups' health and its monitoring; a systemic quantified and automated approach of monitoring health parameters of the entire group on one hand, and individual approach, of monitoring a statistically sufficient number of individuals in the group on the other hand. Integration, processing and analysis of the data collected enables early and reliable detection of morbidity and disease outbreak; paragraph 0052, discussing that this system is designed to enable real-time or near real-time monitoring of poultry and other livestock groups, by significant health parameters; paragraph 0108, discussing that measures collected are transmitted to the server, detector number and time of collection defined and added to each record. Ammonia level records are digitized and saved. Records are analyzed to detect a raise above predefined threshold level as well as changes indicating disease. The server may be connected to the house operative system and when Ammonia level is above threshold--activate blowers to lower that level. This procedure will be limited to a predefined number of activations. After that, the user will be alerted. Different levels of alert will be activated upon predefined criteria of Ammonia level and change of that level along time; paragraph 0080).
Dillon is directed towards a method and system for monitoring and managing a facility microbiome. Yanai is directed towards a computerized system and method for livestock groups health monitoring. Therefore they are deemed to be analogous as they both are directed towards facility monitoring systems. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Dillon with Yanai because the references are analogous art because they are both directed to solutions for monitoring and sampling, which falls within applicant’s field of endeavor (system and a method for determining a quality parameter of a flock of animals), and because modifying Dillon to include Yanai’s feature for including performing said determination of said quality parameter of agricultural group, in the manner claimed, would serve the motivation of enabling early and reliable detection of morbidity and disease outbreak (Yanai at paragraph 0051), or in the pursuit of allowing the farmer to quickly realize the best course of action to take in a particular situation based on the impact information; and further obvious because the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
As per claim 119, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 112. Dillon further teaches wherein said threshold is a selected level of said quality parameter, wherein said selected level of said quality parameter is a level where the quality parameter indicates a raised risk, selected from a group of a risk of low production, of low growth, of undesired infection, of increase in mortality rate, of decay of feed lot, a zoonotic risks and/or any other raise in risk of decrease in quality (paragraph 0045, discussing that the condition of a built environment microbiome is an important consideration to any facility that experience financial and/or health loss due to indoor microbial problems. Non-limiting examples of challenges which may be presented by poor BE microbiome condition include facility shutdowns, revenue loss, product recalls, product spoilage, productivity loss from unwell employees or occupants, airborne outbreaks (flu, measles, and other diseases caused by microbes), asthma, allergies (both triggers and causes) and other forms of reduced respiratory function, hospital acquired infections (MRSA, C. difficile, etc.), mold contamination, and occupant discomfort. Some embodiments of the present invention provide for improved BE microbiome conditions as manifested by the following non-limiting indications: detection of fewer targeted pathogens/allergens, fewer HAIs, reduced volatile organic compounds, reduced odor; outbreak stop/avoidance; improved occupant comfort; service/product/facility continuity; and improved indoor air quality; paragraph 0114, discussing that the frequency, severity and type of infections, sickness, and/or mortality of the occupants (human and/or animal), as well as the outcome of any treatment of infection or sickness, are key facility performance indicators; paragraphs 0117, 0161).
As per claim 120, the Dillon-Yanai-Mitchell-Basch combination teaches the quality system of claim 112. Dillon further teaches wherein said computer system based on the determined quality parameter is configured for determining a diagnosis, an indication of a diagnosis, a treatment and/or an indication of a treatment for improving the state of the agricultural group, when said determined quality parameter is outside or inside a threshold range and/or where the quality parameter is exceeding a threshold (paragraph 0114, discussing that the frequency, severity and type of infections, sickness, and/or mortality of the occupants (human and/or animal), as well as the outcome of any treatment of infection or sickness, are key facility performance indicators; paragraph 0130, discussing that the present state of performance indicators is also useful in correlating the facility microbiome and changes in the facility microbiome with facility performance indicators. This analysis is useful in identifying procedures and/or treatments such as changes in facility operation parameters that are most effective in improving the facility microbiome and therefore improving facility performance; paragraph 0156, discussing that a computer system pr is employed to monitor indoor and outdoor microbes and built environment microbiomes as well as other biological indicators, and in response control one or more operation parameters of an HVAC system. For example, an outdoor sensor can be employed in accordance with the invention to monitor the allergenic fungal spore concentrations in the outdoor air near an HVAC inlet. The sensor may be configured to transmit data representing these concentrations to the control unit on a periodic basis. The control unit can be configured to cause the HVAC system to introduce an amount of outdoor air as long as the concentration of allergenic fungal spores is below a threshold, and to cause the HVAC system to stop introducing outdoor air once the concentration exceeds the threshold. Additionally, the control unit may be configured to cause the HVAC system to recirculate the indoor air through a high stringency filter when the threshold is exceeded).
Examiner notes, that Yanai in addition to Dillon as cited above, also teaches when said determined quality parameter is outside or inside a threshold range and/or where the quality parameter is exceeding a threshold (paragraph 0108, discussing that measures collected are transmitted to the server, detector number and time of collection defined and added to each record. Ammonia level records are digitized and saved. Records are analyzed to detect a raise above predefined threshold level as well as changes indicating disease. The server may be connected to the house operative system and when Ammonia level is above threshold--activate blowers to lower that level. This procedure will be limited to a predefined number of activations. After that, the user will be alerted. Different levels of alert will be activated upon predefined criteria of Ammonia level and change of that level along time; paragraph 0109, discussing that records are analyzed to detect a raise above predefined threshold as well as for changes indicating disease status; paragraph 0112).
Claim 123 recites substantially similar limitations that stand rejected via the art citations and rationale applied to claim 103, as discussed above. Further, as per claim 123 the Dillon-Yanai-Mitchell-Basch combination teaches a computer-implemented method of determining, via a quality system comprising an analyzing system and a computer system in communication with one another, a quality parameter of an agricultural group located at an agricultural group location (Dillon, paragraphs 0001, 0096, 0146-0148, 0150, 0159).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
READNOUR-GOUGE et al., Pub. No.: US 2020/0408649 A1 – describes a portable automatic air sampling device and method of collecting air samples therefrom.
Campbell et al., Pub. No.: US 2014/0311350 A1 – describes an ammonia monitoring system for monitoring ammonia levels in industrial poultry houses.
Kindt et al., Patent No.: US 11,112,339 B2 – describes airborne agent collectors, methods, systems and devices for monitoring airborne agents.
Alonso, Carmen, et al. "Assessment of air sampling methods and size distribution of virus-laden aerosols in outbreaks in swine and poultry farms." Journal of veterinary diagnostic investigation 29.3 (2017): 298-304 – describes implementation of biosecurity interventions at the farm level to prevent herd-to-herd transmission of pathogens
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/Darlene Garcia-Guerra/
Primary Examiner, Art Unit 3625
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