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 .
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)(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.
Claims 1, 2, 6, 8, 16, 25 and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4909250 to Smith.
Regarding claim 1, Smith teaches an implant system for animal identification (identification element) comprising: an attachment fitting (cylindrical pellet 20) for securing the identification element to a livestock animal; and a unique identifier element affixed to, integrated with, or embedded in the attachment fitting (identifying information, e.g., the alphanumeric legend "XYZ-12"); at least a portion of the attachment fitting being formed of a heat-releasable material (white wax) which is solid at normal environmental temperatures, and which dissolves, melts, disintegrates, degrades, and/or evaporates upon artificial heating above normal environmental temperatures, such that artificial heating results in removal or detachment of the identification element from the livestock animal (column 4, line 59-column 5, line 2). Smith teaches the above normal environmental temperatures is between about 40°C and about 90°C, or wherein the heat-releasable material comprises a solid polymer material or resin which dissolves or melts upon artificial heating by exposure to steam. Smith teaches the white wax softens or melts at 65°.
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Regarding claim 2, Smith teaches white wax material of the pellet is a heat-releasable material dissolves, softens, melts, disintegrates, degrades, and/or evaporates upon artificial heating above a temperature of at least about 50°C or the heat-releasable material dissolves, softens, melts, disintegrates, degrades, and/or evaporates upon artificial heating to 50°C or higher, 51°C or higher, 52°C or higher, 53°C or higher, 54°C or higher, 55°C or higher, 56°C or higher, 57°C or higher, 58°C or higher, 59°C or higher, 60°C or higher, 61°C or higher, 62°C or higher, 63°C or higher, 64°C or higher, 65°C or higher, 66°C or higher, 67°C or higher, 68°C or higher, 69°C or higher, 70°C or higher, 71°C or higher, 72°C or higher, 73°C or higher, 74°C or higher, 75°C or higher, 76°C or higher, 77°C or higher, 78°C or higher, 79°C or higher, or 80°C or higher, or more.
Smith teaches the white wax softens or melts at 65°.
Regarding claim 6, Smith teaches the pellet comprises a polymer material (white wax).
Regarding claim 8, Smith teaches the heat-releasable material (white wax). comprises a solid polymer material or resin which dissolves or melts upon artificial heating. Heating by exposure to a heated liquid or gas or by exposure to a heated water or steam is a method or process limitation. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 16, Smith teaches the identification element is in the form of a tag.
Regarding claim 25, Smith teaches an implant system for animal identification and a method for identifying livestock animal: said method comprising: securing the identification element (pellet) the livestock animal; using the identification element to uniquely identify and/or track the livestock animal over a period of time; and removing or detaching the identification element from the livestock animal prior to or during production of meat from the animal.
Regarding claim 34, Smith teaches an implant system for animal identification comprising: a housing (cylindrical pellet 20); and a unique identifier element (identifying information, e.g., the alphanumeric legend "XYZ-12") affixed or joined to, integrated with, housed within, or embedded in the housing; at least a portion of the housing (20) being formed of a heat-releasable material which is solid at normal environmental temperatures, and which dissolves, softens, melts, disintegrates, degrades, and/or evaporates upon artificial heating above normal environmental temperatures, such that artificial heating results in removal of the identification element from the livestock animal/subject/article of interest, destruction of the identification element, or both.
Allowable Subject Matter
Claims 4, 10, 11, 14, 17-19, 21, 26, 35 and 36 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 10-11, the prior art does not teach the heat-releasable material comprises a polyvinyl alcohol-based resin which is water insoluble at normal environmental temperatures, and which is water soluble upon heating above normal environmental temperatures; or wherein the heat-releasable material comprises a polyvinyl alcohol-based material which is substantially insoluble in water at temperatures up to at least about 40°C, and which becomes water soluble at a temperature no less than about 50°C.
Regarding claim 14, the prior art of record does not teach the heat-releasable material comprises a heat-releasable, soluble polymer or heat releasable, soluble resin.
Regarding claim 26, the prior art of record does not teach the step of removing or detaching comprises exposing the identification element to artificial heating and/or wherein the step of removing or detaching comprises a scalding or flame-based hair removal stage of a meat production process.
Regarding claim 35, the prior art of record does not teach an outer protective barrier encompassing at least a portion of the unique identifier element, the outer protective barrier comprising at least one of: a film-type outer coating or layer; an outer sleeve or casing; or another outer coating, film, casing, or enclosure; at least a portion of the outer protective barrier being heat-releasable, such that the outer protective barrier remains intact and provides protection of the unique identifier element under normal environmental temperatures, and releases or exposes the unique identifier element when subjected to artificial heating.
Response to Arguments
Applicant's arguments filed December 17, 2025 have been fully considered but they are not persuasive.
Regarding the rejection of claims 1, 2, 6, 8, 16, 25 and 34 as anticipation by U.S. Patent No. 4,909,250 to Smith, the applicant argues Smith discloses a heat-dissolvable identification device, but it is an implantable pellet under the skin, not an attachment fitting or tag on the exterior of the animal as is the case in the presently claimed application. The applicant argues “claimed identification element is a tag or band affixed externally that drops off during earlier processing stages (e.g. scalding)”. The applicant further argues “Smith's pellet is solid throughout (edible material) with information imprinted on it - it does not involve a two-part structure of a fastening mechanism plus an attached identifier”. The applicant argues “Smith's temperature regime is that of rendering (likely much higher than 40-90°C; industrial rendering can exceed 100 °C). It doesn't mention controlled release at ~40-90°C - it is focused on either manual removal or eventual destruction in rendering vats”.
The examiner disagrees.
In response, the claims do not recite the attachment fitting or tag configured for attached on the exterior of the animal or that the attachment fitting or tag, attachment fitting or tag is configured to drops off during earlier processing stages, or that the attachment fitting or tag comprises a two-part structure of a fastening mechanism plus an attached identifier. Regarding Smith's temperature regime, Smith teaches “an animal rendering process is conducted at temperatures in the range of 60°C to 80°C (column 4, line 59-65).
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The contends at least claims 1, 2, 6, 8, 16, 25 and 34 are anticipated by US 4909250 to Smith. The rejection is maintained.
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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631