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 .
Specification
The disclosure is objected to because it lacks the specification lacks the appropriate arrangement for an application. See, MPEP 608.01(a). Appropriate correction is required.
The abstract of the disclosure is objected to because it should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length without any other information/content on the sheet. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-15 are objected to because of the following informalities. Appropriate correction is required.
In claim 1, line 2, the phrase “a horse” should be changed to -- the horse --.
In claim 8, line 4, the phrase “sensor data” should be changed to -- the data -- for better clarification.
In claim 11, line 4, the phrase “a horse” should be changed to -- the horse --.
In claim 12, line 14, the phrase “the Velcro strap” should be changed to -- the Velcro fastening strap -- to provide consistency and better antecedent basis.
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 1-10 and 15 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.
In claim 1, line 3, the phrase “at least one sensor unit for detecting movement data of the sensor unit” is not clearly understood and worded. How can the at least one sensor unit detect itself? Please clarify.
In claim 3, lines 2-3, the phrase “the receiving device … to receive signals from one sensor unit” is indefinite since there is no signals being detected by the sensor unit. What signals are being referred to? Please clarify.
In claim 4, lines 2 and 3, the phrase “the wireless transmission” lacks antecedent basis.
In claim 8, line 6, how can there be “a second wireless interface” claimed when there is no first wireless interface claimed beforehand. Please clarify.
In claim 15, the claim is not clearly understood since it appears to be incomplete, particularly the clause in line 3, “to interact with a sensor device to be”. Please clarify.
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 12, 13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 2009/0093992 (Wimmer).
With regards to claim 12, Wimmer discloses a pedometer comprising, as illustrated in Figures 1-4, a kit for a sensor device for determining a movement profile of a horse (e.g. paragraphs [0033],[0039]; Figure 4) comprising a fastening device 18,32 (e.g. Velcro fastener strap, belt; paragraphs [0035],[0039]) comprising a gaiter 30 (e.g. tendon boot; paragraph [0039]) such that the gaiter having at least one Velcro fastening strap 18 (e.g. Velcro fastener straps; paragraphs [0037],[0039]) for fastening to a leg of the horse; a sensor unit 1,2,3 (e.g. device with sensor unit housing; paragraph [0033]) is configured to be attached to the gaiter such that the sensor unit is configured to detect movement data in space (e.g. paragraphs [0003] to [0038]); the sensor unit has a fixing element 11 (e.g. hooks and eyelets of Velcro; paragraph [0034]; Figure 1) in a region (e.g. free end of Velcro strap in Figure 1) of the at least one Velcro fastening strap of the gaiter; a counter-fixing element (e.g. hooks and eyelets of Velcro; paragraph [0034]; Figure 1) for attaching the fixing element of the sensor unit; the counter-fixing element is attached outside of the gaiter such that the counter-fixing element is attached on at least one partial surface of a rear side of the at least one Velcro fastening strap or on at least one partial surface below the Velcro strap (e.g. paragraphs [0025],[0034],[0035],[0037],[0039]; Figures 1,4). (See, paragraphs [0006] to [0028] and [0033] to [0039]).
With regards to claim 13, Wimmer further discloses the gaiter is a horse gaiter, jumping gaiter, hard shell gaiter, neoprene gaiter, fetlock gaiter, transport gaiter, stable gaiter, a hoof bell or a fetlock boot (e.g. fetlock boot; paragraphs [0034],[0039]).
With regards to claim 15, Wimmer further discloses the sensor unit 12,3 is configured to interact with a sensor device 29 (e.g. acceleration sensors; paragraph [0037]) to be.
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2010/140620 (Nakaka).
With regards to claim 1, Nakata discloses a monitoring and evaluation device for racehorses comprising, as illustrated in Figures 1-4, a portable sensor device 10,11,12,13 (e.g. monitoring devices; page 3, 5th paragraph) for a horse (e.g. observed in Figure 2) comprising a fastening device (e.g. bandages, supporters; page 4, 1st paragraph) for attachment to a leg of the horse (e.g. page 3, 5th paragraph); at least one sensor unit for detecting movement data of the sensor unit (e.g. page 3, 5th paragraph); a receiving device 20 (e.g. measurement control computer; page 4, 5th paragraph) for receiving the data from the sensor unit; an evaluation unit 40 (e.g. analysis computer; page 4, 6th paragraph) for evaluating the data received from the receiving device that received the data from the sensor unit; the at least one sensor unit 10,11,12,13 being detachably attachable to the fastening device such that the at least one sensor unit is attachable to the fastening device with at least one Velcro fastener (e.g. Velcro; page 4, 1st paragraph). (See, pages 1-8 of translation).
The only difference between the prior art and the claimed invention is the evaluation unit has a detection unit for identifying a type of the fastening device where the evaluation unit is set up to evaluate the data from the sensor unit based on the type of the fastening device.
Nakata further discloses on page 3, 5th paragraph and page 5, 2nd paragraph and page 6, 2nd paragraph each of the sensor unit 10,11,12,13 detect movement of each leg of the horse and includes horse identification data where a built-in reader along with the horse identification data can be analyzed together with the measurement data by measurement control computer 20 or the analysis computer 40. Further, as indicated in claim 7 of the Instant application, the detection using to identify the type of fastening device is an input device of the evaluation unit; hence, page 4, 6th paragraph indicates an input device of the analysis computer 40. Hence, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the clamed invention to have readily recognize the advantages and desirability of having the ability to identifying a type of the fastening device where the evaluation unit is set up to evaluate the data from the sensor unit based on the type of the fastening device since the reference describes the same advantages as the Instant application and deem the inclusion of such feature in the fastening device to be a routine measurement based on the manager/horse trainer the type of fastening device employed on the legs of the horse without departing from the scope of the invention, namely obtaining a movement profile of the horse.
With regards to claim 2, Nakata does not explicitly specify such limitations (the fastening device is a horse gaiter, jumping gaiter, hard-shell gaiter, neoprene gaiter, fetlock gaiter, transport gaiter, stable gaiter, a hoof bell or a fetlock boot) as in the claim. To have set such structural characteristics as in the claim are considered to have been a matter of choice possibilities and well-known concept (as evidenced by Wimmer) that would have been obvious to an artisan of ordinary skill in the art before the effective filing date of the claimed invention without departing from the scope of the invention.
With regards to claim 3, Nakata further discloses the receiving device 20 is set up to receive signals from the at least one sensor unit 10,11,12,13 wirelessly via a first wireless interface 16 (e.g. transmitter/receiver like a short-range wireless communication) such that the receiving device being formed separate from the at least one sensor unit. (See, page 3, 5th paragraph; observed in Figure 1).
With regards to claim 4, Nakata further discloses the wireless transmission takes place via LoRa or LoORaWLAN technology where the wireless transmission is at 2.4 GHz and according to the 5G standard or an intelligent narrowband technology LTE-M or NB-loT. (See, page 3, 5th paragraph indicates Bluetooth for wireless communication such that transmission for Bluetooth is a short-range wireless communication technology that uses radio waves in the 2.4 GHz frequency band to transmit data between devices).
With regards to claim 5, Nakata further discloses the evaluation unit 40 has an independent operating system. (See, page 3, 4th paragraph).
With regards to claim 6, Nakata further discloses the evaluation unit 40 is set up to evaluate the sensor movement data from more than the at least one sensor unit at a time. (See, page 5, 3rd paragraph to 5th paragraph).
With regards to claim 7, Nakata further discloses the detection unit for identifying the type of fastening device is an input unit wherein the detection unit is an input unit of the evaluation unit and comprises an RFID reader or has a selector switch (e.g. page 4, 6th paragraph and page 5, 2nd paragraph and page 6, 5th paragraph indicate the analysis computer 40 includes an input device where a built-in ID reader 58 reads information from a ID chip).
With regards to claim 8, Nakata further discloses the evaluation unit 40 is connected to the receiving device 20, a memory unit and a transmission device such that the evaluation unit is set up to receive sensor data from the receiving device and from the at least one sensor unit and configured to store or record the data in the memory unit or to transmit the data wirelessly via the transmission device via a second wireless interface to a mobile radio network or a cloud. (See, page 4, 2nd paragraph and page 4, 6th paragraph to page 5, 1st paragraph and page 5, 9th paragraph indicate the analysis computer 40 is connected to the receiving device to receive sensor data, memory unit to store and record sensor data, transmission device for wireless transmission to a manager at a remote location device PDA via the internet).
With regards to claim 9, Nakata further discloses a movement profile of the horse can be determined by evaluating the recorded data. (See, page 3, 5th paragraph and page 4, 1st paragraph).
With regards to claim 10, Nakata further discloses the at least one Velcro fastener is attached to a sensor housing of the at least one sensor unit element. (See, page 4, 1st paragraph).
With regards to claim 11, the claim is directed to a method claim and is commensurate in scope with the above apparatus claims 1,9 and is rejected for the same reasons as set forth above.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2009/0093992 (Wimmer).
With regards to claim 14, Wimmer further discloses the sensor unit 1,2,3 comprises a gyroscopic sensor, an acceleration sensor, a GPS sensor (e.g. paragraphs [0037],[0004]); however, the reference does not disclose a magnetometer, a pressure sensor, a vibration sensor, a magnetic sensor, an optical sensor, and a temperature sensor for detecting temperature of the horse or an ambient temperature, and a sensor for detecting heart rate or blood time volume. To have employ and set such structural sensor characteristics (a magnetometer, a pressure sensor, a vibration sensor, a magnetic sensor, an optical sensor, and a temperature sensor for detecting temperature of the horse or an ambient temperature, and a sensor for detecting heart rate or blood time volume) as in the claim are considered a well-known concept (note: as evidence by Katz, Mottram, Martin Davies, Rugg and Davies which teaches a variety of sensors like temperature, heart rate detector, pressure sensor) and a matter of choice possibilities to the operator and/or manufacturer what desired parameters and characteristics are to be monitored to provide data and information regarding the condition and status of the horse.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The references cited are related to a variety of system for detecting movement data and other data parameters of a horse having a sensor unit attached to the legs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST.
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/HELEN C KWOK/Primary Examiner, Art Unit 2855