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 .
Application Status
Claims 1, 3-15, 23-28 are pending and have been examined in this application. Claims 2, 16-22 are cancelled. Claims 1, 3, 10, 14, 15 are amended, claims 4-9, 11-13 are original, claims 23-28 are new.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 06/01/2023 and reviewed by the Examiner.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US 3931796 A) to Hoffman.
In regards to claim 1, Hoffman anticipates an implement for transporting an animal, the implement comprising: a platform for supporting the animal thereon (Hoffman; portion of 38 surrounded by 18, 20, 16, 26, 28), the platform defining a platform perimeter (Hoffman; perimeter defined as the edges of 38 which are enclosed within 18, 20, 16, 26, 28) and comprising a first platform portion and a second platform portion (Hoffman; platform portions of 38 being two lateral halves of 38); an implement frame extending around a substantial entirety of the platform perimeter such that the implement frame defines a predetermined area upon the first platform portion and the second platform portion (Hoffman; implement frame comprised of 18, 20, 16, 26, 28 as seen in FIG 3 which extends around the platform perimeter of 38 and defines the two lateral half portions of 38), the implement frame further comprising an anterior frame section extending from the first platform portion (Hoffman; outward most end sections of 26, 28, 58 which extend upwards from the platform), wherein the anterior frame section is operable between a closed position wherein the anterior frame section is disposed in contact with the first platform portion, and an open position wherein the anterior frame section is entirely spaced apart from the platform (Hoffmann; outward most end sections of 26, 28, 58 are in a closed position in FIG 3 where they are in contact with the platform, and an open position in FIG 1 where the outward most end sections of 26, 28, 58 are spaced entirely apart from the platform); a hydraulic assembly operatively coupled to the implement frame (Hoffman; “conventional linear fluid motors 34 and 36 which are preferably hydraulic motors” see FIG 1), wherein actuation of the hydraulic assembly selectively transitions the anterior frame section between the open position and the closed position (Hoffman; Col 1 lines 21-36; where the actuation of 34, 36 pivots the frame 26, 28 open and closed); and wherein the animal is positioned within the predetermined area during a transport event (Hoffman; as in FIG 3).
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In regards to claim 3, Hoffman anticipates the implement of claim 1 wherein the implement frame further comprises: a posterior frame section that extends from the second platform portion (Hoffman; 16 which extends from the second half to the left of 38); a plurality of side frame sections extending between the anterior frame section and the posterior frame section (Hoffman; 18, 20 between 16 and 26, 28); and wherein when the anterior frame section is in the closed position, the anterior frame section, the posterior frame section, and the plurality of side frame sections collectively form a barrier about the substantial entirety of the platform perimeter to contain the animal within the predetermined area during the transport event (Hoffman; see FIG 3 where when closed, 16, 18, 20, 26, 28 form a barrier around the entirety of the perimeter portion of 38 to contain the animal during transport).
In regards to claim 4, Hoffman anticipates the implement of claim 3 wherein: the posterior frame section comprises a mounting structure (Hoffman; such as 102, 96, 100); and the mounting structure is configured to be operatively coupled to a self-propelled vehicle (Hoffman; coupled to vehicle 14).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 3931796 A) Hoffman in view of (US 7685970 B1) to Rains.
In regards to claim 5, Hoffman teaches the implement of claim 4 wherein the self-propelled vehicle comprises a vehicle hydraulic system configured to selectively actuate the hydraulic assembly of the implement (Hoffman; hydraulic system via 118, 114, 116 in the truck, see FIG 4; Col 5 lines 66 – Col 6 line 5 which describes the system providing the working hydraulic fluid to actuate 34, 36).
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Hoffman fails to explicitly teach wherein the self-propelled vehicle is at least one of a skid-steer loader, a track loader, or a front-end loader.
Rains teaches wherein the self-propelled vehicle is at least one of a skid-steer loader, a track loader, or a front-end loader (Rains; Col 1 lines 51-55; the vehicle is a front end loader).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device such that it is specifically one of a skid-steer loader, a track loader, or a front-end loader such as taught by Rains. The motivation for doing so would be to utilize a vehicle with a strong lifting mechanism for transporting the weight of the animal and the cage.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 3931796 A) Hoffman in view of (US 5645016 A) to Mahurin and (DE 202012008977 U1) to Patura.
In regards to claim 6, Hoffmann teaches the implement of claim 3, but fails to teach further comprising a first winch assembly operatively coupled to the implement frame for moving the animal into the predetermined area, wherein the first winch assembly is operable between an extended position and a retracted position, and wherein the first winch assembly is integrated with the hydraulic assembly such that actuation of the hydraulic assembly selectively transitions the first winch assembly from the extended position to the retracted position.
Mahurin teaches a first winch assembly operatively coupled to the implement frame for moving the animal into the predetermined area (Mahurin; winch assembly 19 including components 22, 20, 17, 18, 16, 16b, 21), wherein the first winch assembly is operable between an extended position and a retracted position (Mahurin; 19 can extend its cable, or retract its cable).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hoffman such that it utilizes a winch assembly such as taught by Mahurin. The motivation for doing so would be to provide a mechanism which would allow for a user to assist in further guiding an animal directly into the enclosure.
Hoffman as modified by Mahurin fail to explicitly teach wherein the first winch assembly is integrated with the hydraulic assembly such that actuation of the hydraulic assembly selectively transitions the first winch assembly from the extended position to the retracted position.
Patura teaches wherein the first winch assembly is integrated with the hydraulic assembly such that actuation of the hydraulic assembly selectively transitions the first winch assembly from the extended position to the retracted position (Patura; winch assembly operated via hydraulics “However, it is also conceivable to carry out the device for hoof maintenance and in particular the winch, preferably the recoilless winch with at least one drive unit. This can be operated by motor, hydraulic or pneumatic.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hoffman as modified by Mahurin such that the winch assembly is integrated with a hydraulic assembly such that actuation of the hydraulic assembly such as taught by Patura, which would transition the winch from extended to retracted. The motivation for doing so would be to utilize a system to mechanically actuate the winch to provide stable pulling forces on the desired part of the animal.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 3931796 A) Hoffman as modified by (US 5645016 A) to Mahurin and (DE 202012008977 U1) to Patura as applied to claim 6 above, in further view of (DE 102011100856 A1) to Gierse.
In regards to claim 7, Hoffman as modified by Mahurin and Patura teach the implement of claim 6, but Hoffman fails to teach wherein at least one of the plurality of side frame sections comprises a gate for selectively allowing access to and from the predetermined area.
Gierse teaches wherein at least one of the plurality of side frame sections comprises a gate for selectively allowing access to and from the predetermined area (Gierse; doors 15, 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hoffman as modified by Mahurin and Patura such that the side frame sections comprise a gate for selectively allowing access to and from the predetermined area such as taught by Gierse. The motivation for doing so would be to provide alternate entrances and exits to allow for the animal to be led out or guided in without requiring the opening the entire side of the enclosure.
In regards to claim 8, Hoffman as modified by Mahurin, Patura, and Gierse teach the implement of claim 7 further comprising an upper frame section spaced above the platform and extending between the plurality of side frame sections for covering the predetermined area (Hoffman; upper frame comprised of the uppermost portions of 16, 18, 20, and 56).
Hoffman fails to teach wherein the upper frame section further comprises a plurality of guiding rails with a pulley operatively coupled thereto and selectively repositionable thereon.
Mahurin teaches wherein the upper frame section further comprises a plurality of guiding rails (Mahurin; 16, 16b) with a pulley operatively coupled thereto and selectively repositionable thereon (Mahurin; pulley 21 connected via 18, 17 and repositionable on 16, 16b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hoffman as modified by Mahurin, Patura, and Gierse such that the upper frame section further comprises a plurality of guiding rails with the pulley coupled thereto and selectively repositionable thereon such as taught by Mahurin. The motivation for doing so would be to allow the winch assembly to be adjustable based on the position of the animal with respect to the winch, and to reduce friction on the pulleys.
In regards to claim 9, Hoffman as modified by Mahurin, Patura, and Gierse teach the implement of claim 8 wherein the first winch assembly comprises a cable element operatively engaged with the pulley (Mahurin; cable 23), and wherein the implement further comprises an animal attachment element coupled to the cable element such that the animal attachment element is adapted to be selectively affixed to the animal to assist with moving the animal into the predetermined area when the first winch assembly is transitioned from the extended position to the retracted position (Mahurin; calf pulling chain 35; adapted to be selectively affixed to the animal to assist with moving the animal within the area).
Allowable Subject Matter
Claims 10-15, 23-28 are allowed.
Response to Arguments
Applicant's arguments filed 01/27/2026 have been fully considered but they are not persuasive.
Applicant argues that Hoffman fails to teach the amended claim language.
The examiner respectfully disagrees in light of the updated interpretation of Hoffman, specifically where the anterior frame section is interpreted as the outward most end sections of 26, 28 and 58 which extend upwards from the platform, and which are entirely spaced apart from the platform in the open position due to being at an outward end of each of 26, 28, 58, and in contact with the platform when closed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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/KATELYN T TRUONG/Examiner, Art Unit 3647