Detailed Action
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s submission filed 10/01/2025 includes changes to the claims, remarks and arguments related to the previous rejection. The above have been entered and considered. Claims 1-8, 10-20 & 22-24 are currently pending.
Response to Arguments
With regard to the 112(b) rejection:
Applicant has amended Claims 1 & 13 to resolve the clarity of the limitation “the animal moves along a portion of the path” by claiming the structure of a conveyor to provide the movement. The 112(b) rejection of the claims is withdrawn.
Applicant persuasively argues Claims 7 & 19 limitation ““wherein the ultrasound transducer is configured to move in the first dimension and the second dimension substantially simultaneously while obtaining the ultrasound image”. Applicant presents arguments of written disclosure and in the figures Similarly, as described with reference to Figure 5, operation 508 includes controlling the ultrasound transducer(s) to move along a portion of the path, which comprises controlling the ultrasound transducer to move in at least two dimensions. See, e.g., para. [076]. Specifically, the ultrasound transducer is configured to move in the first dimension and the second dimension substantially simultaneously while obtaining the ultrasound image, starting from the starting point, as recited in claims 7 and 19. The 112(b) rejection of the claims is withdrawn.
With regard to the 103 rejection:
Applicant has amended Claims 1 & 13 to roll-up the limitations of Claim 9 into Claim 1 and Claim 21 rolled up into Claim 13. Additionally, Applicant has added limitations where the sorting is not uniquely performed with ultrasound image but also includes an added camera with visual image processing for an alternative sorting of the animals. Additional search and consideration is provided for the added limitations.
Applicant’s arguments and/or amendments with regard to Claims 1-8, 10-20 & 22-24 have been considered in light of the previous references. The arguments and amended claims do not overcome the prior art at the time of the filing of the invention. Upon further consideration, a new ground(s) of rejection is made in view of a new combination of the prior references of Gullikstad in view of the new reference of Renquist.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-5, 13 & 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Gullikstad (WO 2022131929: “Gullikstad”) in view of Renquist (US 20210398614: “Renquist”).
Claim 1. Gullikstad discloses a system (Figs. 1 & 4) for sorting animals [Page 28: lines 25-37: The imaging system can also perform a sorting function, and the sorting may be based on the results of the image processing. One important use of the imaging system is to separate fish … The gender of a fish can be very accurately determined using ultrasound], comprising: a conveyor configured to receive animals and move the animals along a path [Page 7 lines 25-30: In embodiments, the mechanical means comprises one or more conveyor belts forming the base of at least a portion of the duct]; an ultrasound transducer (Fig. 1: ultrasound probe 15) configured to obtain an ultrasound image of an animal (fish 14) located on a path [Page 13 lines 15-20: If conveyor belts are used to move the fish, then the rough area of ducting will obviously not form part of a conveyor belt but will represent a static region of the duct either between two conveyor belts or directly following a conveyor belt] , the ultrasound transducer (15) configured to obtain the ultrasound image while the animal (14) moves along a portion of the [Page 14 lines 25-37: The duct may be a closed or open channel as described in more detail below. The term “duct” is intended to refer simply to a pathway of some sort for the subject to pass through the imaging system and past the ultrasound probe]; a camera configured to obtain a visual image of the animal [Page 11 lines 20-30: An optical camera can be used to take a picture of the fish entering the duct, and the position of the fish adjusted based on its apparent position as shown in the camera image. The same instrument can be used to measure a speed, for example by taking two pictures one after another and comparing the position of the fish in both, in which case the speed may also be adjusted to an optimum based on the measurement. One or more video cameras can also be used for the same purpose]; a sorter (52 & 54) [Page 22 lines 20-35: an additional pathway for sorting fish with defects recognisable in the image or defects imaged using a different imaging device within the system. The multiple outlet mechanism shown in figures 4 to 6 can be used in any of the examples of systems described herein. In example shown in the figures, and most clearly seen in figure 6, the outlet pathways are controlled using a movable section 52 which can be moved in a horizontal direction to align one of the three pathways 54 with the outlet channel for the fish into which it moves after leaving the scanning area. With one of the pathways 54 aligned with the outlet 26, the fish slides out of the scanning holding area 30] configured to sort the animal (14) into a group [Page 22 lines 20-35: The fish can be sorted by weight, size, or shape, for example]; and control circuitry (21) configured to: determine, based on the ultrasound image (15), characteristics of the animal (14)[Page 1: lines 1-5: The invention relates to an automatic scanning system, and in particular to an automatic scanning system for fish. The scanning system may be configured to determine characteristics of a subject using an ultrasound probe]. Gullikstad does not explicitly disclose:
To control the sorter to sort the animal into the group based on the characteristics& wherein the sorter comprises a mechanical arm controlled by the control circuitry to move between multiple positions such that sorting the animal into the group comprises moving the mechanical arm to direct the animal from the conveyor to a same physical location as other animals in the group.
Renquist teaches groups of embryonic fish or juvenile aquatic organisms from a pool based on predicted growth potential or feed efficiency wherein whole-body metabolic rate of each individual in the pool is measured and individuals are sorted into one of two or more containers based on relative whole-body metabolic rate [Abstract]. Renquist further teaches to control the sorter to sort the animal into the group based on the characteristics [0029: The present invention also provides a computer implemented sorting system for preparing groups of embryonic fish or juvenile aquatic organisms from a pool into groups based on predicted growth potential or feed efficiency] [0114] wherein the sorter comprises a mechanical arm [0015: The system may further comprise a sorting component (e.g., robotic arm, tubing, hydraulic mechanisms, valves, etc.) for moving an individual of the pool to one of two or more containers after detection of the redox indicator. The system may comprise two containers. In some embodiments, the system comprises three containers. In some embodiments, the system comprises four containers. In some embodiments, the system comprises five containers. In some embodiments, the system comprises more than five containers. In some embodiments, the system comprises from 2 to 10 containers] controlled by the control circuitry [0016: The system may further comprise a microprocessor operatively connected to the detector and the sorting component] to move between multiple positions such that sorting the animal into the group comprises moving the mechanical arm to direct the animal from the conveyor to a same physical location as other animals in the group [0015: The system may further comprise a sorting component (e.g., robotic arm, tubing, hydraulic mechanisms, valves, etc.) for moving an individual of the pool to one of two or more containers after detection of the redox indicator. The system may comprise two containers. In some embodiments, the system comprises three containers. In some embodiments, the system comprises four containers. In some embodiments, the system comprises five containers. In some embodiments, the system comprises more than five containers. In some embodiments, the system comprises from 2 to 10 containers].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Renquist’s robotic arm, processing and control circuitry to move analyzed fish to an identified group with Gullikstad’s sorting of fish because the controlled moving of the fish improves the time efficiency and accuracy of sorting fish into determined groups [Renquist 0095].
Claim 3. Dependent on the system of claim 1. Gullikstad further discloses the control circuitry (21) [Page 27 line 20-30: A processor 21 is connected to the ultrasound machine to receive and process the images in order to categorize in some way the subject passing through the system], is configured to determine the characteristics of the animal based on the ultrasound [Page 1: lines 1-5: The invention relates to an automatic scanning system, and in particular to an automatic scanning system for fish. The scanning system may be configured to determine characteristics of a subject using an ultrasound probe] control circuitry (21) is configured to input the ultrasound image to an artificial neural network, which is trained to output the characteristics based on the ultrasound image [Page 28 lines 1-5: the algorithms can continue to develop during use of the system if the performance is checked or confirmed at least at intervals, for example by manual classification of the images. In an example 3D convolutional neural network (CNN) can be used as part of the image analysis process].
Claim 4. Dependent on the system of claim 3. Gullikstad further discloses to identify one or more phenotype characteristics of the animal based on the ultrasound image [Page 29 lines 9-27: This determination can be used to control a subsequent pathway for the fish in order to sort the fish by gender …The image can be processed to pick out diseased regions in the body, defects, or areas where damage has occurred, and fish can be sorted based on the presence or absence of these diseased and/or damaged regions] the artificial neural network is trained to identify one or more phenotype characteristics of the animal based on the ultrasound image [Page 28 lines 1-5: the algorithms can continue to develop during use of the system if the performance is checked or confirmed at least at intervals, for example by manual classification of the images. In an example 3D convolutional neural network (CNN) can be used as part of the image analysis process], and determine presence of a biomarker in the animal indicative of a characteristics output by the artificial neural network based on the one or more phenotype characteristic [Page 28 lines 5-12 phenotype gender determined by organ recognition biomarker].
Claim 5. Dependent on the system of claim 1. Gullikstad further discloses characteristics comprise one or more of: gender of the animal, presence of disease in the animal, size of the animal, early maturation of the animal [Page 29 lines 9-27: This determination can be used to control a subsequent pathway for the fish in order to sort the fish by gender …The image can be processed to pick out diseased regions in the body, defects, or areas where damage has occurred, and fish can be sorted based on the presence or absence of these diseased and/or damaged regions The ultrasound images can also be used to predict future sexual development of the fish].
Claim 13. Gullikstad further discloses a method for sorting animals with a sorting system (Figs. 1 & 4) [Page 28: lines 25-37: The imaging system can also perform a sorting function, and the sorting may be based on the results of the image processing. One important use of the imaging system is to separate fish … The gender of a fish can be very accurately determined using ultrasound], the sorting system (Figs. 1 & 4) including a conveyor [Page 7 lines 25-30: In embodiments, the mechanical means comprises one or more conveyor belts forming the base of at least a portion of the duct]; an ultrasound transducer (15), a camera [Page 11 lines 20-30: An optical camera can be used to take a picture of the fish entering the duct, and the position of the fish adjusted based on its apparent position as shown in the camera image. The same instrument can be used to measure a speed, for example by taking two pictures one after another and comparing the position of the fish in both, in which case the speed may also be adjusted to an optimum based on the measurement. One or more video cameras can also be used for the same purpose]; a sorter (52 & 54), and control circuitry (21), the method [Abstract] comprising: with the conveyor, receiving animals and moving the animals along a path [Page 7 lines 25-30: In embodiments, the mechanical means comprises one or more conveyor belts forming the base of at least a portion of the duct]; obtaining, with the ultrasound transducer (15), an ultrasound image of an animal (14 fish) located on a path [Page 14 lines 25-37: The duct may be a closed or open channel as described in more detail below. The term “duct” is intended to refer simply to a pathway of some sort for the subject to pass through the imaging system and past the ultrasound probe], the ultrasound transducer (15) configured to obtain the ultrasound image while the animal (14) moves along a portion of the path [Page 11: lines 30-37: The speed at which the fish moves along the duct is important in terms of achieving a desired image resolution, especially in the portion of the duct near to the probe. In order to accurately determine the gender of a salmonid, which is one example of a potential use of the system, a spatial resolution of 2 mm (0.2 cm) or less for the ultrasound image is required] obtaining, with the camera, a visual image of the animal [Page 11 lines 20-30: An optical camera can be used to take a picture of the fish entering the duct, and the position of the fish adjusted based on its apparent position as shown in the camera image. The same instrument can be used to measure a speed, for example by taking two pictures one after another and comparing the position of the fish in both, in which case the speed may also be adjusted to an optimum based on the measurement. One or more video cameras can also be used for the same purpose]; determining, with the control circuitry (21)[Page 27: A processor 21 is connected to the ultrasound machine to receive and process the images in order to categorize in some way the subject passing through the system], based on the ultrasound image, characteristics of the animal [Page 1: lines 1-5: The invention relates to an automatic scanning system, and in particular to an automatic scanning system for fish. The scanning system may be configured to determine characteristics of a subject using an ultrasound probe].
Gullikstad does not explicitly disclose:
To control the sorter to sort the animal into the group based on the characteristics& wherein the sorter comprises a mechanical arm controlled by the control circuitry to move between multiple positions such that sorting the animal into the group comprises moving the mechanical arm to direct the animal from the conveyor to a same physical location as other animals in the group.
Renquist teaches groups of embryonic fish or juvenile aquatic organisms from a pool based on predicted growth potential or feed efficiency wherein whole-body metabolic rate of each individual in the pool is measured and individuals are sorted into one of two or more containers based on relative whole-body metabolic rate [Abstract]. Renquist further teaches to control the sorter to sort the animal into the group based on the characteristics [0029: The present invention also provides a computer implemented sorting system for preparing groups of embryonic fish or juvenile aquatic organisms from a pool into groups based on predicted growth potential or feed efficiency] [0114] wherein the sorter comprises a mechanical arm [0015: The system may further comprise a sorting component (e.g., robotic arm, tubing, hydraulic mechanisms, valves, etc.) for moving an individual of the pool to one of two or more containers after detection of the redox indicator. The system may comprise two containers. In some embodiments, the system comprises three containers. In some embodiments, the system comprises four containers. In some embodiments, the system comprises five containers. In some embodiments, the system comprises more than five containers. In some embodiments, the system comprises from 2 to 10 containers] controlled by the control circuitry [0016: The system may further comprise a microprocessor operatively connected to the detector and the sorting component] to move between multiple positions such that sorting the animal into the group comprises moving the mechanical arm to direct the animal from the conveyor to a same physical location as other animals in the group [0015: The system may further comprise a sorting component (e.g., robotic arm, tubing, hydraulic mechanisms, valves, etc.) for moving an individual of the pool to one of two or more containers after detection of the redox indicator. The system may comprise two containers. In some embodiments, the system comprises three containers. In some embodiments, the system comprises four containers. In some embodiments, the system comprises five containers. In some embodiments, the system comprises more than five containers. In some embodiments, the system comprises from 2 to 10 containers].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Renquist’s robotic arm, processing and control circuitry to move analyzed fish to an identified group with Gullikstad’s sorting of fish because the controlled moving of the fish improves the time efficiency and accuracy of sorting fish into determined groups [Renquist 0095].
Claim 15. Dependent on the method of claim 13. Gullikstad further discloses the control circuitry (21) [Page 27 line 20-30: A processor 21 is connected to the ultrasound machine to receive and process the images in order to categorize in some way the subject passing through the system], is configured to determine the characteristics of the animal based on the ultrasound [Page 1: lines 1-5: The invention relates to an automatic scanning system, and in particular to an automatic scanning system for fish. The scanning system may be configured to determine characteristics of a subject using an ultrasound probe] control circuitry (21) is configured to input the ultrasound image to an artificial neural network, which is trained to output the characteristics based on the ultrasound image [Page 28 lines 1-5: the algorithms can continue to develop during use of the system if the performance is checked or confirmed at least at intervals, for example by manual classification of the images. In an example 3D convolutional neural network (CNN) can be used as part of the image analysis process].
Claim 16. Dependent on the method of claim 15. Gullikstad further discloses the artificial neural network is trained to identify one or more phenotype characteristics of the animal based on the ultrasound image [Page 28 lines 1-5: the algorithms can continue to develop during use of the system if the performance is checked or confirmed at least at intervals, for example by manual classification of the images. In an example 3D convolutional neural network (CNN) can be used as part of the image analysis process], and determine presence of a biomarker in the animal indicative of the characteristics output by the artificial neural network based on the one or more phenotype characteristics [Page 28 lines 5-12 phenotype gender determined by organ recognition biomarker].
Claim 17. Dependent on the method of claim 13. Gullikstad further discloses the characteristics is gender of the animal, presence of disease in the animal, size of the animal, early maturation of the animal [Page 29 lines 9-27: This determination can be used to control a subsequent pathway for the fish in order to sort the fish by gender …The image can be processed to pick out diseased regions in the body, defects, or areas where damage has occurred, and fish can be sorted based on the presence or absence of these diseased and/or damaged regions The ultrasound images can also be used to predict future sexual development of the fish].
Claims 2, 8, 14 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gullikstad in view of Renquist and in further view of Nishigaki (JP H10253603: “Nishigaki” translation provided for citations).
Claim 2. Dependent on the system of claim 1. Gullikstad further discloses the conveyor [Page 13 lines 15-20: If conveyor belts are used to move the fish, then the rough area of ducting will obviously not form part of a conveyor belt but will represent a static region of the duct either between two conveyor belts or directly following a conveyor belt] comprises a plurality of compartments [Page 6 lines 12-20: duct areas] the camera is configured to obtain the visual image of the animal in a compartment on the conveyor as the animal moves past the camera [Page 12 lines 8-20: the optical cameras or video cameras described above, which can be located near to or within the duct as mentioned. The images of the fish entering and/or passing along the duct may be used to reposition the fish (i.e. using the robot arm) prior to it reaching the ultrasound probe. Other mechanisms for monitoring the movement of the fish can replace or enhance the action of the optical cameras] and the ultrasound transducer (15) configured to obtain the ultrasound image [Page 27 line 20-30: A processor 21 is connected to the ultrasound machine to receive and process the images in order to categorize in some way the subject passing through the system]. Gullikstad, as modified, does not explicitly disclose:
the ultrasound transducer moves along a portion of the path with the animal; and the control circuitry is configured to: determine, based on the visual image, a starting point on the animal for the ultrasound transducer, and
control the ultrasound transducer to move along the portion of the path based on the starting point to obtain the ultrasound image.
With regard to 1) Doyle teaches a system and method for measuring an animal includes a light source and an optical source [Abstract]. Doyle further teaches the ultrasound transducer (50, 60 & 62) moves along a portion of the path with the animal [0039: , one or more acoustic devices could be arranged or moved near the shoulder region of the animal for measuring distances to the shoulder region and obtaining shoulder measurements in a similar fashion to that disclosed herein for obtaining pelvic measurements]; and the control circuitry [0047: A motor and a drive or an air ram (not shown) can also be used to automatically move the rail 36 and the ultrasound transducer 50. The ability to adjust the position of the ultrasound transducer 50 can be desirable if the ultrasound transducer 50] is configured to: determine, based on the visual image [0055: distance d.sub.H between the hind leg pair h.sub.L and h.sub.R, and calculates a relative distance d.sub.F between the fore leg pair f.sub.L and f.sub.R from the image 90], a starting point on the animal for the ultrasound transducer [0059: With the location of the hind legs h.sub.L and h.sub.R identified (by imaging), the disclose system activates the vertical and lateral ultrasound transducers 50 and 60, 62. When activated, the ultrasound transducers 50 and 60, 62 obtain distances from the individual devices 50 and 60, 62 to the body of the animal. In the present arrangement, the two lateral ultrasound transducers 60, 62 are simultaneously activated to obtain a measurement of the pelvic width W.sub.p of the animal].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Doyle’s movable ultrasound transducer which moves to measure an animals dimensions once imaging processing confirms a feature of the animal with Gullikstad’s, as modified, camera imaging and fixed acoustic measurement of fish because the movement of the acoustic measurement of an animal one an animal is in a known position allows for adjustment of the acoustic sensor to varying sizes [Doyle 0047].
With regard to 2) Nishigaki teaches the high-speed and highly accurate detection of the presence or absence of internal fish spawns by radiating ultrasound pulses toward the abdomen of a living body [Abstract]. Nishigaki further teaches control the ultrasound transducer (2), to move along the portion of the path based on the starting point to obtain the ultrasound image [0042: The portion including the probe 2 for detecting the sound wave generation is movable, and moves in accordance with the movement of the fish body 3 at the same speed as the tray following a certain tray. It is also possible to return to a predetermined position and follow the next tray. According to this method, it is considered that fish eggs can be detected at higher speed] obtaining, with the ultrasound transducer (2), the ultrasound image of the animal in the compartment on the conveyor [0020: in-body egg detection device described in claim 13, in which the sound wave generating and detecting section of the transmitting and receiving means moves at approximately the same speed as the tray-like structure, and has the effect of enabling the presence or absence of fish eggs to be determined more accurately].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Nishigaki’s trays to convey fish through Gullikstad’s conveying line because the tray improves measuring accuracy by reducing slippage movement of the fish during conveying and improves the sanitation of the conveyor [0007: Nishigaki].
Claim 8. Dependent on the system of claim 1. Gullikstad, as modified, further discloses a plurality of ultrasound transducers, each controlled by the control circuitry to obtain ultrasound images of a plurality of animals [Page 29 lines 17-29: The system can include more than one duct or tray and more than one ultrasound probe. The two or more probes can be coupled to the same or to a different ultrasound scanner. The ultrasound scanners (if more than one) can be coupled to the same or to a different processing unit]. Gullikstad, as modified, does not explicitly disclose:
a plurality of animals in a plurality of compartments on a conveyor at the same time.
Nishigaki teaches the high-speed and highly accurate detection of the presence or absence of internal fish spawns by radiating ultrasound pulses toward the abdomen of a living body [Abstract]. Nishigaki further teaches a plurality of compartments on a conveyor [0042: The portion including the probe 2 for detecting the sound wave generation is movable, and moves in accordance with the movement of the fish body 3 at the same speed as the tray following a certain tray. It is also possible to return to a predetermined position and follow the next tray. According to this method, it is considered that fish eggs can be detected at higher speed].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Nishigaki’s trays to convey fish through Gullikstad’s conveying line because the tray improves measuring accuracy by reducing slippage movement of the fish during conveying and improves the sanitation of the conveyor [0007: Nishigaki].
Claim 14. Dependent on the method of claim 13. Gullikstad further discloses the sorting system (Figs. 1 & 4) further including a conveyor [Page 13 lines 15-20: If conveyor belts are used to move the fish, then the rough area of ducting will obviously not form part of a conveyor belt but will represent a static region of the duct either between two conveyor belts or directly following a conveyor belt] and a camera [Page 12: lines 8-12: the position of the fish may be monitored as it moves along the duct. Monitoring may be by way of the optical cameras or video cameras] receiving animals with the conveyor with the camera [Page 27 line 20-30] and the ultrasound transducer (15) configured to obtain the ultrasound image [Page 27 line 20-30: A processor 21 is connected to the ultrasound machine to receive and process the images in order to categorize in some way the subject passing through the system]. Gullikstad, as modified, does not explicitly disclose:
obtaining, with the ultrasound transducer, the ultrasound image of the animal in the compartment on the conveyor, the ultrasound transducer configured to obtain the ultrasound image while the ultrasound transducer moves along the portion of the path with the animal.
the ultrasound transducer moves along a portion of the path with the animal; and the control circuitry is configured to: determine, based on the visual image, a starting point on the animal for the ultrasound transducer.
With regard 1) Nishigaki teaches the high-speed and highly accurate detection of the presence or absence of internal fish spawns by radiating ultrasound pulses toward the abdomen of a living body [Abstract]. Nishigaki further teaches obtaining, with the ultrasound transducer (2), the ultrasound image of the animal in the compartment on the conveyor, the ultrasound transducer (2) configured [0042: The portion including the probe 2 for detecting the sound wave generation is movable, and moves in accordance with the movement of the fish body 3 at the same speed as the tray following a certain tray. It is also possible to return to a predetermined position and follow the next tray. According to this method, it is considered that fish eggs can be detected at higher speed] obtaining, with the ultrasound transducer (2), the ultrasound image of the animal in the compartment on the conveyor [0020: in-body egg detection device described in claim 13, in which the sound wave generating and detecting section of the transmitting and receiving means moves at approximately the same speed as the tray-like structure, and has the effect of enabling the presence or absence of fish eggs to be determined more accurately].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Nishigaki’s trays to convey fish through Gullikstad’s conveying line because the tray improves measuring accuracy by reducing slippage movement of the fish during conveying and improves the sanitation of the conveyor [0007: Nishigaki].
With regard to 2) Doyle teaches a system and method for measuring an animal includes a light source and an optical source [Abstract]. Doyle further teaches the ultrasound transducer (50, 60 & 62) moves along a portion of the path with the animal [0039: one or more acoustic devices could be arranged or moved near the shoulder region of the animal for measuring distances to the shoulder region and obtaining shoulder measurements in a similar fashion to that disclosed herein for obtaining pelvic measurements]; and the control circuitry [0047: A motor and a drive or an air ram (not shown) can also be used to automatically move the rail 36 and the ultrasound transducer 50. The ability to adjust the position of the ultrasound transducer 50 can be desirable if the ultrasound transducer 50] is configured to: determine, based on the visual image [0055: distance d.sub.H between the hind leg pair h.sub.L and h.sub.R, and calculates a relative distance d.sub.F between the fore leg pair f.sub.L and f.sub.R from the image 90], a starting point on the animal for the ultrasound transducer [0059: With the location of the hind legs h.sub.L and h.sub.R identified (by imaging), the disclose system activates the vertical and lateral ultrasound transducers 50 and 60, 62. When activated, the ultrasound transducers 50 and 60, 62 obtain distances from the individual devices 50 and 60, 62 to the body of the animal. In the present arrangement, the two lateral ultrasound transducers 60, 62 are simultaneously activated to obtain a measurement of the pelvic width W.sub.p of the animal].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Doyle’s movable ultrasound transducer which moves to measure an animals dimensions once imaging processing confirms a feature of the animal with Gullikstad’s, as modified, camera imaging and fixed acoustic measurement of fish because the movement of the acoustic measurement of an animal one an animal is in a known position allows for adjustment of the acoustic sensor to varying sizes [Doyle 0047].
Claim 20. Dependent on the method of claim 13. Gullikstad, as modified, further discloses a plurality ultrasound transducer, each controlled by the control circuitry to obtain ultrasound images of a plurality of animals [Page 29 lines 17-29: The system can include more than one duct or tray and more than one ultrasound probe. The two or more probes can be coupled to the same or to a different ultrasound scanner. The ultrasound scanners (if more than one) can be coupled to the same or to a different processing unit]. Gullikstad, as modified, does not explicitly disclose:
a plurality of animals in a plurality of compartments on a conveyor at the same time.
Nishigaki teaches the high-speed and highly accurate detection of the presence or absence of internal fish spawns by radiating ultrasound pulses toward the abdomen of a living body [Abstract]. Nishigaki further teaches a plurality of compartments on a conveyor [0042: The portion including the probe 2 for detecting the sound wave generation is movable, and moves in accordance with the movement of the fish body 3 at the same speed as the tray following a certain tray. It is also possible to return to a predetermined position and follow the next tray. According to this method, it is considered that fish eggs can be detected at higher speed].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Nishigaki’s trays to convey fish through Gullikstad’s conveying line because the tray improves measuring accuracy by reducing slippage movement of the fish during conveying and improves the sanitation of the conveyor [0007: Nishigaki].
Claims 6 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gullikstad in view of Renquist and in further view of Doyle (US 20050011466: “Doyle”).
Claim 6. Dependent on the system of claim 1. Gullikstad further discloses the control circuitry (21) is configured to determine a starting point on the animal for the ultrasound image [Pages 24-25: If the system is used for fish, these are generally directed into the scanning holding area head first… If a proximity sensor is used, this will preferably be located near to the bottom of the holding area, just above the horizontal wall, and is usable to determine whether a fish or part of a fish is present in that region] a machine vision algorithm, which is trained to determine a point based on the visual image [Page 27: lines 30-37: . Classification may use a particular predetermined algorithm or can use machine learning to develop the classification algorithm based on training data (images of fish with a known gender, for example)]. Gullikstad, as modified, does not explicitly disclose:
to determine a starting point on the animal for the ultrasound image by providing the visual image of the animal to a machine vision algorithm, which is trained to determine the starting point based on the visual image.
Doyle teaches a system and method for measuring an animal includes a light source and an optical source [Abstract]. Doyle further teaches to determine a starting point on the animal for the ultrasound transducer [0059: With the location of the hind legs h.sub.L and h.sub.R identified (by imaging), the disclose system activates the vertical and lateral ultrasound transducers 50 and 60, 62. When activated, the ultrasound transducers 50 and 60, 62 obtain distances from the individual devices 50 and 60, 62 to the body of the animal. In the present arrangement, the two lateral ultrasound transducers 60, 62 are simultaneously activated to obtain a measurement of the pelvic width W.sub.p of the animal] by providing the visual image of the animal [0055: distance d.sub.H between the hind leg pair h.sub.L and h.sub.R, and calculates a relative distance d.sub.F between the fore leg pair f.sub.L and f.sub.R from the image 90].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Doyle’s movable ultrasound transducer which moves to measure an animals dimensions once imaging processing confirms a feature of the animal with Gullikstad’s, as modified, camera imaging and fixed acoustic measurement of fish because the movement of the acoustic measurement of an animal one an animal is in a known position allows for adjustment of the acoustic sensor to varying sizes [Doyle 0047].
Claim 18. Dependent on the method of claim 13. . Gullikstad further discloses the control circuitry (21) is configured to determine a starting point on the animal for the ultrasound image [Pages 24-25: If the system is used for fish, these are generally directed into the scanning holding area head first… If a proximity sensor is used, this will preferably be located near to the bottom of the holding area, just above the horizontal wall, and is usable to determine whether a fish or part of a fish is present in that region] a machine vision algorithm, which is trained to determine a point based on the visual image [Page 27: lines 30-37: . Classification may use a particular predetermined algorithm or can use machine learning to develop the classification algorithm based on training data (images of fish with a known gender, for example)]. Gullikstad, as modified, does not explicitly disclose:
to determine a starting point on the animal for the ultrasound image by providing a visual image of the animal to a machine vision algorithm, which is trained to determine the starting point based on the visual image.
Doyle teaches a system and method for measuring an animal includes a light source and an optical source [Abstract]. Doyle further teaches to determine a starting point on the animal for the ultrasound transducer [0059: With the location of the hind legs h.sub.L and h.sub.R identified (by imaging), the disclose system activates the vertical and lateral ultrasound transducers 50 and 60, 62. When activated, the ultrasound transducers 50 and 60, 62 obtain distances from the individual devices 50 and 60, 62 to the body of the animal. In the present arrangement, the two lateral ultrasound transducers 60, 62 are simultaneously activated to obtain a measurement of the pelvic width W.sub.p of the animal] by providing a visual image of the animal [0055: distance d.sub.H between the hind leg pair h.sub.L and h.sub.R, and calculates a relative distance d.sub.F between the fore leg pair f.sub.L and f.sub.R from the image 90].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Doyle’s movable ultrasound transducer which moves to measure an animals dimensions once imaging processing confirms a feature of the animal with Gullikstad’s, as modified, camera imaging and fixed acoustic measurement of fish because the movement of the acoustic measurement of an animal one an animal is in a known position allows for adjustment of the acoustic sensor to varying sizes [Doyle 0047].
Claims 7 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gullikstad in view of Renquist and in further view of Shin (KR 20070122031; “Shin” translation provided for citations).
Claim 7. Dependent on the system of claim 1. Gullikstad further discloses the ultrasound transducer (15) is configured to move in at least two dimensions [Page 27 lines 20-30: The processor receives a number of 2D images representing slices through the body of the subject, preferably in regions spaced 1 mm (0.1 cm) apart or less along the body of the fish. These images will usually each also have a spatial resolution of 1 mm (0.1 cm) or less because of the proximity of the probe to the fish during imaging and the use of liquid for proper acoustic coupling], the at least two dimensions comprising: a first dimension along the path [Page 27 lines 20-30: The processor receives a number of 2D images representing slices through the body of the subject, preferably in regions spaced 1 mm (0.1 cm) apart or less along the body of the fish. These images will usually each also have a spatial resolution of 1 mm (0.1 cm) or less because of the proximity of the probe to the fish during imaging and the use of liquid for proper acoustic coupling]; and a second dimension along a body of the animal [Page 27 lines 20-30: The processor receives a number of 2D images representing slices through the body of the subject, preferably in regions spaced 1 mm (0.1 cm) apart or less along the body of the fish. These images will usually each also have a spatial resolution of 1 mm (0.1 cm) or less because of the proximity of the probe to the fish during imaging and the use of liquid for proper acoustic coupling]. Gullikstad, as modified, does not explicitly disclose:
the second dimension substantially perpendicular to the first dimension and the path; wherein the ultrasound transducer is configured to move in the first dimension and the second dimension substantially simultaneously while obtaining the ultrasound image, starting from a starting point; and wherein a width of the ultrasound transducer and the movement in the second dimension defines an image area on the body of the animal, the image area including target anatomy of the animal.
Shin teaches recognition unit that recognizes and stores information on an electronic component (such as the size and thickness of the electronic component) while simultaneously being supplied to the interior of a surface-mount device [0013]. Shin further teaches the second dimension (X-axis 212) [237-240: The above first driving unit (210) is mounted on the main body (100) and is composed of a pair of first Y-axis rails (211) arranged parallel to the supply direction of the electronic component supply means (420), and a first X axis rail (212) arranged on top of the first Y-axis rails (211)] substantially perpendicular to the first dimension (y-axis 211) and the path (conveyor 110); wherein the ultrasound transducer (510) is configured to move in the first dimension (y-axis 211) and the second dimension (x-axis 212) substantially simultaneously while obtaining the ultrasound image [lines 585-587: The above storage unit (530) calculates and stores the size value of the electronic component (50) through the X-axis and Yaxis coordinates of the transmitted flat image], starting from a starting point [lines 463-471: the distance measuring sensor, which is the first sensor (510), moves from the upper portion of the electronic component supply 28-03-2025 7 means (420) according to the operation of the first driving unit (210), measures a first distance value (L1) with respect to the bottom surface (422a) of the receiving groove (422) at the first position (①)]; and wherein a width of the ultrasound transducer and the movement in the second dimension (x-axis 212 is the width of the measuring unit 400).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Shin’s 2-axis movable ultrasound probe over conveyed analyzed items with Gullikstad’s acoustic analyzed items because the movable sensor improves analyzing efficiency by allowing conveyed item to remain on a moving conveyor while 2-axis accurate measurement simultaneous occurs [Shin 0090-0093].
Claim 19. Dependent on the method of claim 13. Gullikstad further discloses the ultrasound transducer (15) is configured to move in at least two dimensions [Page 27 lines 20-30: The processor receives a number of 2D images representing slices through the body of the subject, preferably in regions spaced 1 mm (0.1 cm) apart or less along the body of the fish. These images will usually each also have a spatial resolution of 1 mm (0.1 cm) or less because of the proximity of the probe to the fish during imaging and the use of liquid for proper acoustic coupling], the at least two dimensions comprising: a first dimension along the path [Page 27 lines 20-30: The processor receives a number of 2D images representing slices through the body of the subject, preferably in regions spaced 1 mm (0.1 cm) apart or less along the body of the fish. These images will usually each also have a spatial resolution of 1 mm (0.1 cm) or less because of the proximity of the probe to the fish during imaging and the use of liquid for proper acoustic coupling]; and a second dimension along a body of the animal [Page 27 lines 20-30: The processor receives a number of 2D images representing slices through the body of the subject, preferably in regions spaced 1 mm (0.1 cm) apart or less along the body of the fish. These images will usually each also have a spatial resolution of 1 mm (0.1 cm) or less because of the proximity of the probe to the fish during imaging and the use of liquid for proper acoustic coupling]. Gullikstad, as modified, does not explicitly disclose:
the second dimension substantially perpendicular to the first dimension and the path; wherein the ultrasound transducer is configured to move in the first dimension and the second dimension substantially simultaneously while obtaining the ultrasound image, starting from a starting point; and wherein a width of the ultrasound transducer and the movement in the second dimension defines an image area on the body of the animal, the image area including target anatomy of the animal.
Shin teaches recognition unit that recognizes and stores information on an electronic component (such as the size and thickness of the electronic component) while simultaneously being supplied to the interior of a surface-mount device [0013]. Shin further teaches the second dimension (X-axis 212) [237-240: The above first driving unit (210) is mounted on the main body (100) and is composed of a pair of first Y-axis rails (211) arranged parallel to the supply direction of the electronic component supply means (420), and a first X axis rail (212) arranged on top of the first Y-axis rails (211)] substantially perpendicular to the first dimension (y-axis 211) and the path (conveyor 110); wherein the ultrasound transducer (510) is configured to move in the first dimension (y-axis 211) and the second dimension (x-axis 212) substantially simultaneously while obtaining the ultrasound image [lines 585-587: The above storage unit (530) calculates and stores the size value of the electronic component (50) through the X-axis and Yaxis coordinates of the transmitted flat image], starting from a starting point [lines 463-471: the distance measuring sensor, which is the first sensor (510), moves from the upper portion of the electronic component supply 28-03-2025 7 means (420) according to the operation of the first driving unit (210), measures a first distance value (L1) with respect to the bottom surface (422a) of the receiving groove (422) at the first position (①)]; and wherein a width of the ultrasound transducer and the movement in the second dimension (x-axis 212 is the width of the measuring unit 400).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Shin’s 2-axis movable ultrasound probe over conveyed analyzed items with Gullikstad’s acoustic analyzed items because the movable sensor improves analyzing efficiency by allowing conveyed item to remain on a moving conveyor while 2-axis accurate measurement simultaneous occurs [Shin 0090-0093].
Claims 10 & 22 are rejected under 35 U.S.C. 103 as being unpatentable over Gullikstad in view of Renquist and in further view of James (WO 2019147346: “James”).
Claim 10. Dependent on the system of claim 1. Gullikstad further discloses the animal is a fish [Page 21 lines 27-37: The scanning device, which may be an ultrasound probe, is located in the base of the tray within the scanning holding area. The fish is imaged while t