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 Arguments
Applicant’s arguments with respect to claims 1-2, 4-9, 11-12, & 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
Claims 1-2, 5-9, & 11 are rejected under 35 U.S.C. 103 as being unpatentable over Je in view of Kim, the Korean Patent Publication No. KR 20160002897 U and Holt, U.S. Patent No. 453,905 A.
Re claim 1, Je discloses a method comprising:
lowering a pair of mechanical rods (410; the operating arms, fig. 2-3) into inter-frame spaces (fig. 3, the space between each frame) on each side of a single hive frame in a beehive (fig. 2 and para 54-57, the operating arms extend downward to grip both sides of the target parts of a frame of the beehive);
separating the single hive frame from an adjacent frame (fig. 2 and para 50 & 54-58, the singular “beehive” or frame is lifted from the bee box which holds a plurality of adjacent “beehives” or frames, see para 32);
decreasing a distance between downward facing jaws of a motorized clamp (410; the operating arms, fig. 2-3) until said jaws engage and retain the single hive frame (para 70-72, the arms are adjusted in the horizontal direction to properly space them between the hives), at least a bar thereof (fig. 2, the frame is hooked at the top bar); and
lifting said motorized hooks (para 72, once hooked the arms lift the frame of the beehive vertically to withdraw it from the bee box).
Je fails to disclose two pairs of mechanical rods, separating the single hive frame from an adjacent frame by applying a mechanical force against at least one frame adjacent to the single hive frame sufficient to break bee wax-made glue joints between the single hive frame and the adjacent frame sealing together respective posts of top bars thereof, by at least one of: (i) increasing a distance between the rods to push against said adjacent frame and thereby break the bee wax-made glue joints between the single hive frame and the adjacent frame and separate the single frame from adjacent frames; and (ii) moving the single hive frame sideways in a first direction horizontally and perpendicularly to a longitudinal axis of the single hive frame, and moving the single frame sideways in a second direction horizontally and perpendicularly to the longitudinal axis, wherein said sideways movement is sufficient to break the bee wax-made glue joints between the single hive frame and the adjacent frame and said jaws engaging and retaining the single hive frame at, the side bar thereof, and wherein said side bar is perpendicular to a top bar of the single hive frame. However, Kim discloses a method comprising:
lowering a pair of mechanical rods (6; the divided pieces of the respective supports; 24, 25, fig. 1-5) into inter-frame spaces on each side of a single hive frame (B1; the center consumption plate/frame, fig. 3-5) in a beehive (A; the beehive, fig. 4-5);
separating the single hive frame from an adjacent frame by applying a mechanical force against at least one frame adjacent to the single hive frame (fig. 3-5 and para 16- 17 & 20, the divided pieces are forced out and the fixing pieces are brough inward to force adjacent frames apart) sufficient to break bee wax-made glue joints between the single hive frame and the adjacent frame sealing together respective posts of top bars thereof (para 2-3, the tongs are designed to force apart boards that are sealed together by bee-formed wax-type joints), by at least one of:
increasing a distance between the rods to push against said adjacent frame and thereby break the bee wax-made glue joints between the single hive frame and the adjacent frame and separate the single frame from adjacent frames (fig. 3-5 and para 16- 17 & 20, the divided pieces are forced out and the fixing pieces are brough inward to force adjacent frames apart);
decreasing a distance between downward facing jaws (22; the fixing pieces, fig. 1-5) until said jaws engage and retain the single hive frame, at least a bar thereof (fig. 4-5); and
lifting said frame from the hive (fig. 5).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose two pairs of mechanical rods, separating the single hive frame from an adjacent frame by applying a mechanical force against at least one frame adjacent to the single hive frame sufficient to break bee wax-made glue joints between the single hive frame and the adjacent frame sealing together respective posts of top bars thereof, by at least one of: (i) increasing a distance between the rods to push against said adjacent frame and thereby break the bee wax-made glue joints between the single hive frame and the adjacent frame and separate the single frame from adjacent frames; and (ii) moving the single hive frame sideways in a first direction horizontally and perpendicularly to a longitudinal axis of the single hive frame, and moving the single frame sideways in a second direction horizontally and perpendicularly to the longitudinal axis, wherein said sideways movement is sufficient to break the bee wax-made glue joints between the single hive frame and the adjacent frame and said jaws engaging and retaining the single hive frame at, the side bar thereof, and wherein said side bar is perpendicular to a top bar of the single hive frame however, Kim discloses such a mechanical mechanism. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of the frame separating, retaining, and lifting as taught by Kim to improve the similar device disclosed by the prior art in the same way by allowing the motorized system to separate the frames without human intervention. See MPEP 2143 I. (C).
The combination of Je and Kim fails to disclose said jaws engaging and retaining the single hive frame at, the side bar thereof, wherein said side bar is perpendicular to a top bar of the single hive frame. However, Holt discloses decreasing a distance between downward facing jaws of a until said jaws engage and retain a single hive frame at, at least, a side bar thereof, said side bar is perpendicular to a top bar of the single hive frame (page 1 ; 83-98, the jaws are clamped around the top and sides of the comb frame being gripped).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose said jaws engaging and retaining the single hive frame at, the side bar thereof, wherein said side bar is perpendicular to a top bar of the single hive frame however, Holt discloses gripping both the top and side bar to lift the comb frame. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of gripping a larger surface area of the comb frame as taught by Holt to improve the similar device disclosed by the prior art in the same way by having the jaws grip both the side bars and top bar. See MPEP 2143 I. (C).
Re claim 2, the combination of Je, Kim, and Holt discloses the invention of claim 1, Je modified by Kim and Holt further discloses wherein said rods are provided as part of said downward facing jaws (Kim, fig. 1-5).
Re claim 5, the combination of Je, Kim, and Holt discloses the invention of claim 1, Je as modified by Kim and Holt further discloses using a robotic arm (Je; 414; the moving blocks, fig. 3) attached to said pair of jaws (Je; para 55, each moving block is fixed to the operating arm which carry the respective motorized clamp/pair of jaws) to transfer (Je; para 70-74, the frame is moved) said hive frame to a processing unit (Je; 500; the bee separation unit, para 65, the process of removing bees from the hive frame).
Re claim 6, the combination of Je, Kim, and Holt discloses the invention of claim 5, Je as modified by Kim and Holt further discloses wherein said processing unit includes a treatment module (Je; 510; the bee separation brushes, para 66, the brushes provide the treatment of removing the bees from the frame).
Re claim 7, the combination of Je, Kim, and Holt discloses the invention of claim 5, Je as modified by Kim and Holt further discloses using the robotic arm attached to said at least one pair of jaws to transfer said hive frame from said processing unit back to said beehive (Je; para 70-74, once the frame is lifted and brushed the control unit drives the frame down into the bee box).
Re claim 8, the combination of Je, Kim, and Holt discloses the invention of claim 1, Je as modified by Kim and Holt further discloses wherein said inter-frame spaces are between adjacent top bars of hive frames proximal to side bars of said hive frames in the beehive (Je; fig. 3-4, the target parts are protruding from the edges of the top of the frame).
Re claim 9, the combination of Je, Kim, and Holt discloses the invention of claim 1, Je as modified by Kim and Holt further discloses using a linear actuator for and decreasing said distance (Je; para 59-64 & 70-74, the arms are moved down by linear actuation of the motor system).
Re claim 11, Je discloses a system comprising:
a plurality of honeycomb frames (15; the beehive, fig. 3-4) included in a habitat (10; the bee box, fig. 1-4);
a robotic arm (411; the shafts, fig. 2-3) including at least one pair of jaws (para 56-57, the gripper structure attached at 410; the operating arms, fig. 2-3); and
a controller (600; the control unit, fig. 1) adapted to cause the robotic arm to:
lower (para 70-72, the operating arms move vertically down such that the target parts are attached to the operating arms) the at least one pair of jaws into an inter-frame space (fig. 3, between each frame) on each side of a single hive frame (fig. 2 and para 54-57, the operating arms extend downward to grip both sides of the target parts of a frame of the beehive);
separate the single hive frame from an adjacent frame (fig. 2 and para 50 & 54-58, the singular “beehive” or frame is lifted from the bee box which holds a plurality of adjacent “beehives” or frames, see para 32);
decrease a distance between the least one pair of jaws until said jaws engage and retain the single hive frame at (para 70-72, the arms are adjusted in the horizontal direction to properly space them between the hives), at least a side bar thereof (fig. 2, the frame is hooked at the upper side bar); and
lift said jaws and the engaged hive frame (para 72, once hooked the arms lift the frame of the beehive vertically to withdraw it from the bee box).
Je fails to disclose two pairs of mechanical rods, separating the single hive frame from an adjacent frame by applying a mechanical force against at least one frame adjacent to the single hive frame sufficient to break bee wax-made glue joints between the single hive frame and the adjacent frame sealing together respective posts of top bars thereof, by at least one of: (i) increasing a distance between the rods to push against said adjacent frame and thereby break the bee wax-made glue joints between the single hive frame and the adjacent frame and separate the single frame from adjacent frames; and (ii) moving the single hive frame sideways in a first direction horizontally and perpendicularly to a longitudinal axis of the single hive frame, and moving the single frame sideways in a second direction horizontally and perpendicularly to the longitudinal axis, wherein said sideways movement is sufficient to break the bee wax-made glue joints between the single hive frame and the adjacent frame, and said jaws engaging and retaining the single hive frame at, the side bar thereof, and wherein said side bar is perpendicular to a top bar of the single hive frame and said jaws engaging and retaining the single hive frame at, the side bar thereof, wherein said side bar is perpendicular to a top bar of the single hive frame. Kim discloses a method comprising:
lowering at least one pair of mechanical jaws (22; the fixing pieces, fig. 1-5) into inter-frame spaces on each side of a single hive frame (B1; the center consumption plate/frame, fig. 3-5);
separating the single hive frame from an adjacent frame by applying a mechanical force against at least one frame adjacent to the single hive frame (fig. 3-5 and para 16- 17 & 20, the divided pieces are move away from the fixing pieces to force adjacent frames apart) sufficient to break bee wax-made glue joints between the single hive frame and the adjacent frame sealing together respective posts of top bars thereof (para 2-3, the tongs are designed to force apart boards that are sealed together by bee-formed wax-type joints), by at least one of:
increasing a distance between the rods to push against said adjacent frame and thereby break the bee wax-made glue joints between the single hive frame and the adjacent frame and separate the single frame from adjacent frames (fig. 3-5 and para 16- 17 & 20, the divided pieces are forced out and the fixing pieces are brough inward to force adjacent frames apart);
decreasing a distance between downward facing jaws until said jaws engage and retain the single hive frame, at least a bar thereof (fig. 4-5); and
lifting said jaws with an engaged hive frame (fig. 5).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose two pairs of mechanical rods, separating the single hive frame from an adjacent frame by applying a mechanical force against at least one frame adjacent to the single hive frame sufficient to break bee wax-made glue joints between the single hive frame and the adjacent frame sealing together respective posts of top bars thereof, by at least one of: (i) increasing a distance between the rods to push against said adjacent frame and thereby break the bee wax-made glue joints between the single hive frame and the adjacent frame and separate the single frame from adjacent frames; and (ii) moving the single hive frame sideways in a first direction horizontally and perpendicularly to a longitudinal axis of the single hive frame, and moving the single frame sideways in a second direction horizontally and perpendicularly to the longitudinal axis, wherein said sideways movement is sufficient to break the bee wax-made glue joints between the single hive frame and the adjacent frame, and said jaws engaging and retaining the single hive frame at, the side bar thereof, and wherein said side bar is perpendicular to a top bar of the single hive frame and said jaws engaging and retaining the single hive frame at, the side bar thereof, wherein said side bar is perpendicular to a top bar of the single hive frame however, Kim discloses such a mechanical mechanism. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of the frame separating, retaining, and lifting as taught by Kim to improve the similar device disclosed by the prior art in the same way by allowing the motorized system to separate the frames without human intervention. See MPEP 2143 I. (C).
The combination of Je and Kim fails to disclose said jaws engaging and retaining the single hive frame at, the side bar thereof, wherein said side bar is perpendicular to a top bar of the single hive frame. However, Holt discloses decreasing a distance between downward facing jaws of a until said jaws engage and retain a single hive frame at, at least, a side bar thereof, said side bar is perpendicular to a top bar of the single hive frame (page 1 ; 83-98, the jaws are clamped around the top and sides of the comb frame being gripped).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose said jaws engaging and retaining the single hive frame at, the side bar thereof, wherein said side bar is perpendicular to a top bar of the single hive frame however, Holt discloses gripping both the top and side bar to lift the comb frame. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of gripping a larger surface area of the comb frame as taught by Holt to improve the similar device disclosed by the prior art in the same way by having the jaws grip both the side bars and top bar. See MPEP 2143 I. (C).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Je in view of Kim and Holt as applied to claim 1 above, and further in view of Harrison, U.S. Patent No. 3,290,705 A.
Re claim 4, the combination of Je, Kim, and Holt discloses the invention of claim 1, the combination fails to disclose shaking the hive frame while the jaws of said motorized clamp engage said hive frame. However, Harrison discloses shaking a hive frame (18; the open rectangular honeycomb frame, fig. 4-6) while jaws of a motorized clamp engage said hive frame (col 6; 45-67, the super, which contains the frames, is engaged by the rams such that the predetermined oscillatory motion is applied).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose shaking the hive frame while the jaws of said motorized clamp engage said hive frame however, Harrison discloses applying an oscillatory motion to the frame after an uncapping step. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of applying the oscillatory motion taught by Harrison to improve the similar device disclosed by the prior art in the same way by simplifying the decapping process (Harrison, col 9; 42-48). See MPEP 2143 I. (C) & (G).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Je in view of Kim and Holt as applied to claim 11 above, and further in view of Harrison.
Re claim 12, the combination of Je and Holt discloses the invention of claim 11, Je further discloses transferring (para 69-74, the frame is brought up to the separation unit from the bee box) said hive frame to a processing unit (500; the bee separation unit, para 65, the process of removing bees from the hive frame); and transferring (para 70-74, once the frame is lifted and brushed the control unit drives the frame down into the bee box) said hive frame from the processing unit to the habitat (Je; para 70-74, once the frame is lifted and brushed the control unit drives the frame down into the bee box).
The combination of Je and Holt fails to disclose shaking the hive frame while the jaws engage said hive frame. However, Harrison discloses shaking a hive frame (18; the open rectangular honeycomb frame, fig. 4-6) while jaws engage said hive frame (col 6; 45-67, the super, which contains the frames, is engaged by the rams such that the predetermined oscillatory motion is applied).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose shaking the hive frame while the jaws engage said hive frame however, Harrison discloses applying an oscillatory motion to the frame after an uncapping step. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the known technique of applying the oscillatory motion taught by Harrison to improve the similar device disclosed by the prior art in the same way by simplifying the decapping process (Harrison, col 9; 42-48). See MPEP 2143 I. (C) & (G).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable Je in view of Kim and Holt as applied to claim 5 above, and further in view of Anderson, U.S. Patent Application Publication No. 2018/0035651 A1, herein Son.
Re claim 21, the combination of Je, Kim, and Holt discloses the invention of claim 5, the combination fails to disclose wherein said processing unit includes an inspection unit using one or more sensors comprising at least one of: a camera, a chemical sensor, a sound sensor, weighing scale, and a motion sensor. However, Son discloses wherein said processing unit includes an inspection unit using one or more sensors comprising a camera (para 167, the frames are clear and a camera is utilized to convey images to a remote location to allow a user to see is a frame is full, capped, and ready for extraction).
The only distinction between the prior art and the claimed invention is that the prior art fails to disclose wherein said processing unit includes an inspection unit using one or more sensors comprising at least one of: a camera, a chemical sensor, a sound sensor, weighing scale, and a motion sensor however, Son discloses such a camera. Therefore, it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the prior art elements of the clear components and the camera taught by Son to the hive leading to the processing unit of the prior art to yield the predictable result of an inspection unit providing a visual indication of if a specific frame is ready for extraction. See MPEP 2143 I (A).
Conclusion
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/NICOLE PAIGE MACCRATE/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
