Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims Status
Claims 1-17 are canceled. Claims 18 and 20 are amended. Claims 25-35 are newly added. Claims 18-35 remain pending.
Claim Objections
Claim 19 is dependent from claim 19. The claim likely should be dependent from claim 18 and will be treated accordingly.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “electromagnetic radiation source”, “photonic sensor”, “processing unit”, (claims 18, 24, 34), “dispersive element”, “window” (claims 29-30), and “hydraulic bypass value” (claim 33) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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.
Claims 34-35 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 34 recites the limitation "a processing unit" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Patent claim 18 recites “a processing unit” and it is not clear from the claims whether a separate processing unit or same unit is being recited. One of ordinary skill in the art at the time of the invention would not be apprised of the scope of the claim. Claim 35 is rejected on dependence.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 18-24, 29-31, 34, and 35 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LIET (US Pub # 2018/0160718).
Regarding claim 18, LIET discloses a container for carrying fodder (wagon 1 carries fodder F), the container comprising: a device for estimating at least one property of fodder (FIG 1), the device comprising:
a feeder configured for transporting a part of the fodder into and/or through a bore (mixing device M consisting of a mixing screw with a helix 7 for mixing fodder inside a container 3 and transporting through discharge opening 10; [0034]);
an electromagnetic radiation source configured for irradiating the part of the fodder transported in the bore by the feeder by radiation with wavelengths longer than 780 nm (sensor system S is installed in the interior of the mixing wagon for measuring fodder mixture F, and operates with NIR light radiated from head H; [0037]);
a photonic sensor configured for detecting electromagnetic radiation transmitted through, reflected by or emitted by the part of the fodder transported in the bore by the feeder, and for outputting an output signal representing the detected electromagnetic radiation (with the aid of optical units…light wave spectrums of said light are evaluated; [0047]); and
a processing unit configured for calculating at least one property of the fodder based on the output signal (analysis computer 13 and weighing computer 6 calculate at least a first fodder component; [0015, 0041, 0054]).
Regarding claim 19, LIET discloses wherein the container comprises at least one mixer configured for mixing the fodder (mixing screw with a helix 7; [0034]).
Regarding claim 20, LIET discloses wherein the container comprises a scale for estimating the weight of fodder in the container (weighing cells 4 and weighing computer 6; [0019, 0022, 0035]).
Regarding claim 21, LIET discloses wherein the feeder and the bore are positioned below the container (helix 7 and is positioned below at least a top portion of container 3, which extends above the helix; FIG 1; [0034]).
Regarding claim 22, LIET discloses a method for estimating at least one property of fodder, the method comprising:
structuring fodder (mixing device M consisting of a mixing screw with a helix 7 for mixing fodder and transporting through discharge opening 10; [0034]);
irradiating the structured fodder by radiation with wavelengths longer than 780 nm (sensor system S is installed in the interior of the mixing wagon for measuring fodder mixture F, and operates with NIR light radiated from head H; [0037]);
detecting radiation transmitted through, reflected by or emitted by the compressed and/or structured fodder (with the aid of optical units…light wave spectrums of said light are evaluated; [0047]); and
analyzing an output signal representing the detected radiation for estimating the at least one property of fodder (analysis computer 13 and weighing computer 6 calculate at least a first fodder component; [0015, 0041, 0054]).
Regarding claim 23, LIET discloses wherein the at least one property is a percentage of water in the fodder ([0037-0038]).
Regarding claim 24, LIET discloses wherein the steps are performed using the device comprising: a feeder configured for transporting a part of the fodder into and/or through a bore ([0034]); an electromagnetic radiation source configured for irradiating the part of the fodder transported in the bore by the feeder by radiation with wavelengths longer than 780 nm ([0037]); a photonic sensor configured for detecting electromagnetic radiation transmitted through, reflected by or emitted by the part of the fodder transported in the bore by the feeder, and for outputting an output signal representing the detected electromagnetic radiation ([0037]); and a processing unit configured for calculating at least one property of the fodder based on the output signal ([0041, 0054]).
Regarding claim 29, LIET discloses wherein the bore has a window that is transparent to at least some wavelengths longer than 780 nm (NIR source comprises a wavelength including 700-2500 nm and transmits through transparent disc 12; [0044, 0047]).
Regarding claim 30, LIET wherein the photonic sensor is positioned at the window on the outside of the bore (FIG 1 shows sensor system S positioned on an outside window).
Regarding claim 31, LIET discloses wherein the bore has two openings (discharge opening 10 and top of container 3; FIG 1; [0036]).
Regarding claim 34, LIET discloses wherein the device comprises a processing unit connected to the photonic sensor configured for measuring the content of dry matter, starch, protein, fat, and/or one or more minerals of the fodder (sensor system S calculates fodder values including water content, dry matter, starch, protein, fibers, and other chemical elements, the system may include analysis computer 13; [0037-0039, 0044]), wherein the processing unit is configured for: receiving the output signal about the content of dry matter, starch, protein, fat, and/or one or more minerals of the fodder; and being connected to a scale for receiving weight data of the weight of the fodder in a container; and for calculating dry weight of the fodder measured by the scale; and/or percentage of starch, protein, fat, and/or one or more minerals of the fodder measured by the scale (the sensor system S first determines fodder values of a batch of a first fodder component and, subsequently, a further fodder component is loaded and mixed-in via the weighing computer 6, and, after a renewed determination of the current fodder values, the amount of the second or even that of the first fodder component is adapted, or a further or the same fodder component is loaded and mixed-in through the weighing computer 6; [0039]).
Regarding claim 35, LIET discloses wherein the device comprises an input unit configured for receiving input data about the fodder to be served to animals, and wherein the processing unit is configured for activating at least a first feeder and a second feeder, wherein activation of the first feeder allows entrance of a first fodder and activation of the second feeder allows entrance of a second fodder into the container (the sensor system S first determines fodder values of a batch of a first fodder component and, subsequently, a further fodder component is loaded and mixed-in via the weighing computer 6, and, after a renewed determination of the current fodder values, the amount of the second or even that of the first fodder component is adapted, or a further or the same fodder component is loaded and mixed-in through the weighing computer 6; [0039]).
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.
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.
Claim(s) 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over LIET (US Pub # 2018/0160718).
Regarding claim 25, LIET discloses wherein the feeder is a screw (mixing device M is a helix 7; [0037]), but does not specify the bore is a cylinder bore (opening 10)(FIG 5). It would have been obvious to one of ordinary skill in the art at the time of the invention to specify the shape of the bore as a cylinder based on design preferences.
Regarding claim 26, LIET discloses the device comprises a spectroscopy measurement device, but does not specify a dispersive element configured for spreading the electromagnetic radiation transmitted through, reflected by or emitted by the part of the fodder transported by the feeder onto the photonic sensor. However NIR spectroscopic systems are well-known to include dispersive optical elements to spectrally spread measurement light onto a plurality of light sensors to perform spectroscopic analysis across multiple wavelength, and it would have been obvious to one of ordinary skill in the art at the time of the invention to combine with the teachings of LIET.
Regarding claim 27, LIET discloses the screw has an outer diameter and the cylinder bore has an inner diameter (FIG 1), but does not specify wherein the inner diameter is between 1 mm and 50 mm, or between 2 mm and 30 mm, or between 3 mm and 15 mm, or between 4 mm and 8 mm larger than the outer diameter. However, selecting the preferred dimensions would have been an obvious matter of design choice based on the application at hand, such as fodder size.
Regarding claim 28, LIET discloses wherein the screw has an outer diameter and a pitch, but does not specify wherein the ratio of the pitch to the outer diameter is equal to or less than 1. However, selecting the preferred dimensions would have been an obvious matter of design choice based on the application at hand, such as fodder size.
Claim(s) 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over LIET (US Pub # 2018/0160718) in view of FONTRIER et al. (FR 2490934 A1, published 1982-04-02).
Regarding claim 32, LIET does not specify wherein the feeder is hydraulically operated by a hydraulic fluid. In the same field of endeavor, FONTRIER discloses a feeder having a hydraulic motor 6 for regulating the screw conveyor 5 (abstract, FIG 3, claim 1). In light of the teachings of FONTRIER, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine with the teachings of LIET, leading to predictable results.
Regarding claim 33, FONTRIER discloses wherein the device comprises a hydraulic bypass valve for bypassing the feeder (FIG 2-3; abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY BRYANT whose telephone number is (571)270-7329. The examiner can normally be reached M-F // 7-3P EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, UZMA ALAM can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CASEY BRYANT
Primary Examiner
Art Unit 2884
/CASEY BRYANT/Primary Examiner, Art Unit 2884