Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. The request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for Continued Examination under 37 CFR 1.114, the fee set forth in 37 CFR 1.17(e) has been paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed 9/19/2025 has been entered. An action on the RCE follows.
Summary of claims
3. Claims 1-5, 7-16, 18-22 are pending,
Claims 1 and 12 are amended,
Claims 6, 17 are cancelled,
Claims 1, 12 are independent claims,
Claims 1-5, 7-16, 18-22 are rejected.
Remarks
4. Applicant’s arguments, see Remarks, filed on 9/19/2025, with respect to the rejection(s) of claim(s) 1-5, 7-16, 18-22 under 103 have been fully considered and are not persuasive in view of new rejection ground(s).
Applicant argued on pages 8-11 that the cited references including Hofman and Jagodzinski did not teach “the search zone (SZ) comprises a part of the registered three-dimensional image data (D.sub.img3D) that is estimated to represent a portion of said teat (T) being located above a mouthpiece (210) of the first milking tool (100, 100.sub.1), which mouthpiece (210) is configured to receive the teat (T)”. Examiner respectfully disagrees and submits that Hofman discloses using a vision system, various physical attributes of the dairy livestock can be detected in real-time (or substantially real-time), which may then be used to perform a particular portion of the milking process (e.g., attaching milking cups to the dairy livestock (Hofman: [0023]), and the vision-based determination process described above facilitates the movement of robotic attacher 150 allowing for the proper attachment of teat cups 168 to teats of a dairy livestock (Hofman: [0085]), please note the teat cups are attaching to the teats. Further, Applicant argued that in Hofman, “calculate center of udder,” (Hofman: Fig. 11B, step 1152), “receive coordinates of center of the udder” (Hofman: Fig. 12, step 1204) are preliminary step in the sequence before “move milking cup towards teat” (Hofman: Fig. 12, step 1256), while the amended claim 1 requires calculating teat location while the teat is attached to the cup. Examiner respectfully submits that Hofman discloses accounting for the determined reference point in searching for the teats of a dairy livestock may allow for more accurate teat location (Hofman: [0007]), that is, Hofman may conduct “searching for” and also “aligning for” more accurate teat location. Please note as shown in Hofman Fig. 12, the device may check “attach milking cup” in step 1284, if Yes, then the sequence is going back to step 1198, and the step “receive coordinates of center of the udder” (Hofman: Fig. 12, step 1204), “calculate first reference coordinate” (Hofman: Fig. 12, step 1208) will be made after “attach milking cup” (Hofman: Fig. 12, step 1284), that is, in Hofman, determining the accurate location of teat may happen before a milking cup attaches to teat, and may happen after a milking cup attaches to the teat and while a milking cup attaches to the teat. In addition, in an analogous art of vision-based automated milking system, Foresman is cited to more clearly disclose attaching the teat cup to the teat of the dairy livestock (Foresman: [0057]), and the vision system 100 may continue to search for and identify additional teats 203 until the target number of teats 203 has been identified (Foresman: [0101]), please note the search zone includes image data representing a portion of the teat above the attached teat cup.
Accordingly, Hofman and Jagodzinski and Foresman read the features of the present application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claims 1-5, 7-16, 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Henk Hofman et al (US Publication 20120275661 A1, hereinafter Hofman), and in view of Jarek Jogodzinski et al (US Publication 20180213742 A1, hereinafter Jagodzinski), and Mark Foresman et al (US Publication 20180049391 A1, hereinafter Foresman).
As for independent claim 1, Hofman discloses: A system for determining an offset for a first milking tool (100, 100.sub.1) (Hofman: [0080], Robotic attacher 150 may move to the calculated reference coordinates. In certain embodiments, the reference coordinates may be slightly offset to avoid collision with one or more of the teats of the dairy livestock), which offset designates [a spatial vector] between a tool reference position (TRP, TRP.sub.1) and an estimated actual position (TAP) of the first milking tool (100, 100.sub.1) in a tool carrier (101) of an automatic milking machine (Hofman: [0007], Accounting for the determined reference point and/or the historical data in searching for the teats of a dairy livestock may allow for more accurate teat location, which may allow a robotic attacher to more efficiently attach milking equipment to the dairy livestock. In certain embodiments, the system of the present disclosure may filter visual data to more efficiently and accurately determine reference points and locations of the teats of a dairy livestock), the system comprising: a camera (110) configured to register three-dimensional image data (D.sub.img3D) representing a teat (T) during attachment to and/or detachment from the first milking tool (100, 100.sub.1) (Hofman: Abstract, a system includes a three-dimensional camera and a processor. The processor is operable to access a first portion of visual data captured by the three-dimensional camera wherein the visual data comprises an image of a dairy livestock); and a control unit (120) configured to receive the image data (D.sub.img3D) from the camera (110), and process the image data (D.sub.img3D) by (Hofman: Abstract, a system includes a three-dimensional camera and a processor. The processor is operable to access a first portion of visual data captured by the three-dimensional camera wherein the visual data comprises an image of a dairy livestock): searching, within a search zone (SZ), for a predefined part (MP) of the teat (T) while the teat (T) is attached to the first milking tool (100, 100.sub.1), which predefined part (MP) fulfills a measurement criterion (Hofman: [0007], Accounting for the determined reference point and/or the historical data in searching for the teats of a dairy livestock may allow for more accurate teat location; [0064], Controller 200 may then search for an inner edge of the hind leg of the dairy livestock. For example, controller 200 may attempt to determine inner hind leg location 708a of FIG. 7. To do this, controller 200 may begin to scan the depth information of pixels along a lower inner area of first image 176, or any other portion of first image 176 likely to include visual data of the inner hind leg of the dairy livestock; [0065], Controller 200 may determine whether some pixels are closer than other pixels signifying an inner edge of the hind leg has been found. Controller 200 may associate the location of the cluster of pixels that are closer to first camera 158a with an edge of the dairy livestock), calculating, in response to the predefined part (MP) being found, a distance (d.sub.off) between a specific point of the predefined part (MP) and the tool reference position (TRP, TRP.sub.1), and determining said offset based on said calculated distance (d.sub.off) (Hofman: Abstract, determine a first distance exceeds a distance threshold, wherein the first distance is the distance between the first coordinate and the second coordinate in the second dimension; Fig. 11B, step 1152, calculate center of udder; step 1156, determine distance of udder; Fig. 12, step 1204, receive coordinates of center of the udder).
Hofman discloses a milking robot system including determining reference coordinate data but does not clearly disclose a spatial vector, in an analogous art of automatic milking system, Jagodzinski discloses: which offset designates a spatial vector between a tool reference position (TRP, TRP.sub.1) and an estimated actual position (TAP) of the first milking tool (100, 100.sub.1) in a tool carrier (101) of an automatic milking machine (Jagodzinski: [0020], the relative position information for each of the teats is stored in the form of a vector, wherein the vectors indicate the relative position of the teat with respect to a specified reference point; [0047], one of the teats can be considered the reference teat and the position of the other teats relative to the former can be indicated in each case in the form of a vector with three components, with one component for each spatial direction x, y, z);
Hofman and Jagodzinski are analogous arts because they are in the same field of endeavor, automatic milking system. Therefore, it would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify the invention of Hofman using the teachings of Jagodzinski to include a spatial vector data. It would provide Hofman’s system with enhanced capabilities of locating teat location more accurately.
Further, Hofman discloses using a vision system, various physical attributes of the dairy livestock can be detected in real-time (or substantially real-time), which may then be used to perform a particular portion of the milking process (e.g., attaching milking cups to the dairy livestock (Hofman: [0023]), and the vision-based determination process described above facilitates the movement of robotic attacher 150 allowing for the proper attachment of teat cups 168 to teats of a dairy livestock (Hofman: [0085]), please note the teat cups are attaching to the teats, but Hofman does not clearly disclose the search zone includes the teat located above the attached mouthpiece, in an analogous art of vision-based automated milking system, Foresman discloses: the search zone (SZ) comprises a part of the registered three-dimensional image data (D.sub.img3D) that is estimated to represent a portion of said teat (T) being located above a mouthpiece (210) of the first milking tool (100, 100.sub.1), which mouthpiece (210) is configured to receive the teat (T) (Foresman: Figs. 3, 4, 7 and [0057], attaching the teat cup to the teat of the dairy livestock; [0101], the vision system 100 may continue to search for and identify additional teats 203 until the target number of teats 203 has been identified);
Hofman and Foresman are analogous arts because they are in the same field of endeavor, vision-based automated milking system. Therefore, it would have been obvious to one with ordinary skill, in the art before the effective filing date of the claimed invention, to modify the invention of Hofman using the teachings of Foresman to include searching and identifying teat(s) located above the attached teat cup. It would provide Hofman’s system with enhanced capabilities of locating teat location more accurately.
As for claim 2, Hofman-Jagodzinski discloses: wherein the predefined part comprises a surface area (MP) of the teat (T), and the measurement criterion is that said surface area (MP) is located closer to the camera (110) than any other surface area of the teat (T) within the search zone (SZ) (Hofman: [0061], controller 200 may compare the depth information of a group of pixels to determine if a portion of the pixels are closer than other portions of pixels. A cluster of pixels closer to first camera 158a may signify that an edge of a dairy livestock has been found).
As for claim 3, Hofman-Jagodzinski discloses: wherein the surface area (MP) comprises image data from a number of pixels representing elements of the teat (T), each of said pixels being associated with a value designating a respective distance to the camera (110), and the control unit (120) is configured to determine that the surface area (MP) is located closer to the camera (120) than any other surface element of said teat (T) based on an average of said values designating the respective distances to the camera (110) (Hofman: [0061], controller 200 may compare the depth information of a group of pixels to determine if a portion of the pixels are closer than other portions of pixels. A cluster of pixels closer to first camera 158a may signify that an edge of a dairy livestock has been found; [0074], the previously-determined location may comprise an average of the locations of the teats during a number of previous milking cycles).
As for claim 4, Hofman-Jagodzinski discloses: wherein the search zone (SZ) is a volume in space, the three-dimensional image data (D.sub.img3D) comprises voxels, and the measurement criterion designates a volume element in the form of a predefined part (MP) positioned in a geometric center of a particular level of the cross-section segment of the teat (T) within the search zone (SZ) (Hofman: [0070], controller 200 may determine that the measured depths of adjacent pixels are fluctuating, exceeding a certain threshold. As a further example, controller 200 may determine that measured depths of adjacent pixels are changing excessively, exceeding a certain threshold; Jagodzinski: [0048], measured distance).
As for claim 5, Hofman-Jagodzinski discloses: wherein the control unit (120) is configured to determine said offset as a set of differential coordinates expressing the spatial vector with a starting point at the tool reference position (TRP, TRP.sub.1) and an end point at the estimated actual position (TAP) (Jagodzinski: [0020], the relative position information for each of the teats is stored in the form of a vector, wherein the vectors indicate the relative position of the teat with respect to a specified reference point; [0047], one of the teats can be considered the reference teat and the position of the other teats relative to the former can be indicated in each case in the form of a vector with three components, with one component for each spatial direction x, y, z).
claims 6, 17 cancelled
As for claim 7, Hofman-Jagodzinski discloses: wherein the search zone (SZ) is defined based on the tool reference position (TRP, TRP.sub.1) (Hofman: (Hofman: [0070], controller 200 may determine that the measured depths of adjacent pixels are fluctuating, exceeding a certain threshold. As a further example, controller 200 may determine that measured depths of adjacent pixels are changing excessively, exceeding a certain threshold).
As for claim 8, Hofman-Jagodzinski discloses: wherein the first milking tool (100, 100.sub.1) is a teat cup and the control unit (120) is configured to initiate the searching for said predefined part (MP) after that a pressure condition has been fulfilled in a vacuum chamber (435) of the teat cup (Hofman: [0048], this may be vacuum pressure applied to teat cup 168 by a pulsation device. By applying vacuum pressure to teat cup 168, teat cup 168 may draw in a particular teat for milking into teat cup 168. Controller 200 may eventually determine whether a particular teat has been drawn into teat cup 168. If so, controller 200 may provide an instruction for gripping portion 156 to release teat cup 168).
As for claim 9, Hofman-Jagodzinski discloses: wherein the first milking tool (100, 100.sub.1) is a teat cleaning cup and the control unit (120) is configured to initiate the searching for said predefined part (MP) during withdrawal of the teat cleaning cup from the teat (T) (Hofman: [0048], this may be vacuum pressure applied to teat cup 168 by a pulsation device. By applying vacuum pressure to teat cup 168, teat cup 168 may draw in a particular teat for milking into teat cup 168. Controller 200 may eventually determine whether a particular teat has been drawn into teat cup 168. If so, controller 200 may provide an instruction for gripping portion 156 to release teat cup 168).
As for claim 10, Hofman-Jagodzinski discloses: wherein the camera (110) is comprised in the group of: a time-of-flight camera (Hofman: [0060], the depth may be determined by measuring the time of flight of a light signal between first camera 158a and a particular object captured in first image 176 in the x-dimension), a stereo camera, a laser-assisted two-dimensional camera (Hofman: [0075], second camera 158b may comprise lens 264 and transmitter 260, such as a horizontal laser-emitting device), and an ultrasonic imaging device .
As for claim 11, Hofman-Jagodzinski discloses: wherein, the registered three-dimensional image data (D.sub.img3D) represent at least one additional teat (T) during attachment of the at least one additional teat (T) to a respective at least one milking tool (100, 100.sub.2) in addition to the first milking tool (100, 100.sub.1) and/or detachment of the at least one additional teat (T) from the respective at least one milking tool (100, 100.sub.2) in addition to the first milking tool (100, 100.sub.1), and the control unit (120) is further configured to process the image data (D.sub.img3D) by: searching, within at least one predefined additional search zone (SZ), for a predefined part (MP) at the least one additional teat (T) while the at least one additional teat (T) is attached to the at least one additional milking tool (100, 100.sub.1), which predefined part (MP) fulfills the measurement criterion, calculating, in response to the predefined part (MP) being found, a distance (d.sub.off) between a specific point of the predefined part (MP) and tool reference position (TRP, TRP.sub.2) for the at least one additional milking tool (100, 100.sub.2), and determining an offset for the at least one additional milking tool (100, 100.sub.2) based on said calculated distance (d.sub.off) (Hofman: [0035], The location of the dairy cow's teats may be described relative to a feature of the dairy cow, such as relative to the rear of the dairy cow, the hind legs, and/or a portion of the dairy cow's udder, such as a mid-line of the udder or relative to one or more of the other teats. A robotic attacher (e.g., robotic attacher 150, described below) may use the information describing the location of the teats during subsequent milkings to facilitate automatically attaching the milking equipment; [0048], Controller 200 may then determine whether another teat cup 168 may be attached. If another teat cup 168 may be attached, then the attachment operation may be repeated).
As per claims 12-16, 18-20, it recites features that are substantially same as those features claimed by claims 1-5, 7-9, thus the rationales for rejecting claims 1-5, 7-9 are incorporated herein.
As per claim 21, it recites features that are substantially same as those features claimed by claim 11, thus the rationales for rejecting claim 11 are incorporated herein.
As per claim 22, it recites features that are substantially same as those features claimed by claim 1, thus the rationales for rejecting claim 1 are incorporated herein.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hua Lu whose telephone number is 571-270-1410 and fax number is 571-270-2410. The examiner can normally be reached on Mon-Fri 9:00 am to 6:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman can be reached on 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 703-273-8300.
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/Hua Lu/
Primary Examiner, Art Unit 2118