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 .
Election/Restrictions
Claims 10-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 12/11/2025.
The traversal is on the ground(s) that the shard special technical feature is not taught by the prior art cited, i.e. Stopa. This is not found persuasive as discussed below.
The requirement is still deemed proper and is therefore made FINAL.
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)(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, 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stopa (US 2020/008389A1).
Stopa discloses in reference to claim:
1. (Independent) A control unit (22--the milk cooling apparatus controller 22 may form part of a controller of the milking system 6 and/or a controller of the milk storage tank 8. The milk cooling apparatus controller 22 may comprise two or more separate control units, each of the control units being configured to control separate parts of the milk cooling apparatus 2. The one or more separate control units may be configured to communicate with each other or to operate independently of each other without communicating with each other. ) for controlling a flow of milk through a cooling system (28), from a balance tank (17) that receives an input of milk extracted (using teat cups 12) from milking animals to a storage tank (8) that stores the milk, the control unit being configured to:
receive a temperature-indicating signal ([0079] The method may further comprise the steps of sensing the temperature of milk downstream of the milk cooling apparatus 2, and controlling the speed of milk flow from the milking system 6 towards the milk storage tank 8 in response to the sensed temperature. ) from a temperature sensor (The milk cooling apparatus controller 22 may comprise a processor and one or more sensors connected to the processor. Such sensors may be e.g. temperature sensors, or pressure sensors. The processor may communicate with various components of the milk cooling apparatus 2. The processor may be configured to execute computer code in order to interpret input from the sensors and to output control commands to the various components of the milk cooling apparatus 2.) measuring a temperature of the flow of milk between the cooling system (28) and the storage tank (8); receive a level-indicating signal from at least one sensor configured to register a milk level (L) in the balance tank (17--The balance tank may be provided with a level sensor to detect the level of milk in the tank,… wherein the milking system 6 comprises a balance tank for intermediate storage of milk prior to being conducted to the milk storage tank 8, the first signal may relate to a filling degree of the balance tank. ) in relation to low- and high-threshold levels respectively; and generate a first control signal to a milk pump (15) of the cooling system (28) arranged to cause the flow of milk to be pumped out from the balance tank (17-- ….may namely trigger start of milk being pumped from the milking system 6), said first control signal generated based on the temperature-indicating signal, wherein the control unit (22) controls a speed of the milk pump (15) via the first control signal based exclusively on the temperature-indicating signal if the level-indicating signal received at the control unit reflects that the milk level in the balance tank (17) is between the low-threshold level and the high- threshold level (The temperature of the milk is measured downstream of the milk cooling apparatus. Until the level of filling of the balance reaches a second level, higher than the first level, the speed of milk flow from the milking system 6 towards the milk storage tank is regulated such that the temperature of the milk is in a predetermined range (e.g. 2-5° C.), or regulated towards a set temperature (e.g. 2° C. or 4° C.). The regulating of the speed of milk flow is done by controlling the speed of the milk pump 15. When reaching the second level of filling of the balance tank the circulation of coolant in the coolant circuit is increased to a second predetermined level, and again the speed of milk flow from the milking system 6 towards the milk storage tank is regulated such that the temperature of the milk is in a predetermined range (e.g. 2-5° C.), or regulated towards a set temperature (e.g. 2° C. or 4° C.).).
Stopa discloses the following as related to the above discussion:
The milk pump 15 may provide various milk flow rates. The first signal may be provided when the milk pump 15 of the milking system 6 is started, or a predetermined time period before or after the milk pump 15 is started. According to embodiments, wherein the milking system 6 comprises a balance tank for intermediate storage of milk prior to being conducted to the milk storage tank 8, the first signal may relate to a filling degree of the balance tank. A certain filling degree of the balance tank (i.e. the volume of milk stored in the tank) may namely trigger start of milk being pumped from the milking system 6.
the circulation of coolant in the coolant circuit 18 may be controlled based on the filling degree of the balance tank, such that an increase in the filling degree of the balance tank results in an increase in the circulation of coolant in the coolant circuit.
Similarly, at a decreasing degree of filling of the balance tank the circulation of coolant in the coolant circuit may be decreased, stepless or stepwise. In one and the same milking arrangement the first signal may be triggered by not only one event but by different events, which may depend on the current operating condition of the milking system.
[0079] The method may further comprise the steps of sensing the temperature of milk downstream of the milk cooling apparatus 2, and controlling the speed of milk flow from the milking system 6 towards the milk storage tank 8 in response to the sensed temperature. According to the embodiments comprising a balance tank 17, where the control of the circulation of coolant in the coolant circuit is stepwise, the speed of milk flow may be controlled to result in the milk being in a predetermined temperature range.
0080] As an illustrative example, the first signal relating to commencement or increase of a milk flow may be related to the filling of the balance tank being at a first level. At filling levels below the first level, the milk flow is off and the circulation of coolant in the coolant circuit 18 is not yet started. When the level of filling of the balance tank exceeds the first level, the first signal is generated and the coolant in the coolant circuit 18 is started in response to the first signal. The circulation of coolant in the coolant circuit may be maintained at a predetermined level. The temperature of the milk is measured downstream of the milk cooling apparatus. Until the level of filling of the balance reaches a second level, higher than the first level, the speed of milk flow from the milking system 6 towards the milk storage tank is regulated such that the temperature of the milk is in a predetermined range (e.g. 2-5° C.), or regulated towards a set temperature (e.g. 2° C. or 4° C.). The regulating of the speed of milk flow is done by controlling the speed of the milk pump 15. When reaching the second level of filling of the balance tank the circulation of coolant in the coolant circuit is increased to a second predetermined level, and again the speed of milk flow from the milking system 6 towards the milk storage tank is regulated such that the temperature of the milk is in a predetermined range (e.g. 2-5° C.), or regulated towards a set temperature (e.g. 2° C. or 4° C.).
[0081] Alternatively, the speed of milk flow and the speed of circulation of coolant in the coolant circuit are both regulated continuously such that the temperature of the milk measured downstream of the milk cooling apparatus is in a predetermined range (e.g. 2-5° C.), or regulated towards a set temperature (e.g. 2° C. or 4° C.).
Stopa teaches a control unit responsive to signals from both a balance tank level sensor and a temperature sensor sensing the temperature of milk entering a storage tank and pumped from the balance tank wherein the controller uses temperature signal exclusively if/when the balance tank sensor indicates a level between a high and low threshold.
7. The control unit (22) according to claim 1, further configured to control the milk pump (17) to become inactive when the level-indicating signal received at the control unit (22) reflects that the milk level in the balance tank (17) is below or equal to the low-threshold level.
Milk may be pumped from the balance tank by the milk pump 15 once the balance tank is filled to a certain degree. Note no pumping (pump is inactive) occurs when the level of the balance tank is below a low threshold level.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 2-6, 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stopa (US 2020/008389A1).
Stopa discloses the claimed invention as described above except in reference to claim:
2. The control unit (22) according to claim 1, further configured to control the milk pump (15), via the a control signal, to cause the flow of milk to be pumped out from the balance tank (17) at a predetermined high speed when the level-indicating signal received at the control unit (22) reflects that the milk level in the balance tank (17) is above or equal to the high-threshold level.
Note that Stopa discloses a variable speed pump for pumping the milk from the balance tank to the storage tank, one of skill in the art would find it obvious to increase the pump speed when a level signal from the balance tank indicates the tank is filled or nearly filled so as to maintain the tank level at a desired level in between the high and low thresholds.
3. The control unit (22) according to claim 2, wherein the predetermined high speed represents a highest possible pump speed for the milk pump (15).
The use of the highest speed of the pump in such a situation would be obvious to one of skill in the art without the need for inventiveness.
4. The control unit (22) according to claim 2, further configured to generate a second control signal to the cooling system (28) based on the temperature- indicating signal, and to control a cooling capacity of the cooling system (28) via the second control signal to increase when the temperature-indicating signal received at the control unit (22) reflects a milk temperature above a set temperature.
Stopa clearly teaches a system wherein the temperature of the milk is actively monitored to be maintained within a range of temperatures, and further that the cooling system 28 is controlled (responsive to control signals) to either increase or decrease the cooling capacity based on the sensed temperature of the milk entering the storage tank.
5. The control unit (22) according to claim 4, further configured to control the cooling capacity of the cooling system (28) via the second control signal to decrease when the temperature-indicating signal received at the control unit (22) reflects a milk temperature below the set temperature.
Stopa clearly teaches a system wherein the temperature of the milk is actively monitored to be maintained within a range of temperatures, and further that the cooling system 28 is controlled (responsive to control signals) to either increase or decrease the cooling capacity based on the sensed temperature of the milk entering the storage tank.
6. The control unit (22) according to claim 1, further configured to control the milk pump (15) to cause the flow of milk to be pumped out from the balance tank (17) at a predetermined low speed when the level- indicating signal received at the control unit (22) reflects that the milk level in the balance tank (17) is below or equal to the low-threshold level.
Note that Stopa discloses a variable speed pump for pumping the milk from the balance tank to the storage tank, one of skill in the art would find it obvious to decrease the pump speed when a level signal from the balance tank indicates the tank is not optimally filled so as to maintain the tank level at a desired level in between the high and low thresholds.
8. The control unit (22) according to claim 1, wherein the control unit (22) controls the milk pump (15), via the first control signal, to cause the milk flow to be pumped out from the balance tank (17) at: a predetermined nominal speed when the temperature-indicating signal received at the control unit (22) indicates a milk temperature within a predefined interval from a set temperature , an elevated speed above the predetermined nominal speed when the temperature-indicating signal received at the control unit (22) indicates a milk temperature below said predefined interval, and a lowered speed below the predetermined nominal speed when the temperature-indicating signal received at the control unit (22) indicates a milk temperature above said predefined interval.
Note that Stopa discloses a controller 22 capable of providing milk flow from the milking system 6 towards the milk storage tank that is regulated such that the temperature of the milk is in a predetermined range, further Stopa teaches that a variable flow rate pump is one means of providing for providing milk flow from the milking system 6 towards the milk storage tank that is regulated such that the temperature of the milk is in a predetermined range. As such one of skill in the art would find it obvious to provide at least a nominal speed for when the temperature is within the desired range, an elevated speed when temperature is below desired temperature and a lowered speed when temperature is above desired temperature.
9. The control unit (28) according to
wherein the cooling system (28) comprises a heat exchanger (24) configured to transfer heat energy from the flow of milk to a cooling medium that circulates in a chiller (18) by means of a coolant pump (26) that operates in response to a second control signal and wherein the control unit (22) is further configured to control the coolant pump (26), via the second control signal, based on the temperature-indicating signal so that: a flow of the cooling medium and/or the cooling capacity of the chiller (18) increases when the temperature-indicating signal received at the control unit (22) indicates a milk temperature above a predefined interval from a set temperature during a first uninterrupted period, and the flow of the cooling medium and/or the cooling capacity of the chiller (18) decreases when the temperature-indicating signal received at the control unit (22) indicates a milk temperature below said predefined interval from the set temperature during a second uninterrupted period.
Note that Stopa discloses a controller 22 capable of providing milk flow from the milking system 6 towards the milk storage tank that is regulated such that the temperature of the milk is in a predetermined range, further Stopa teaches that a variable capacity chiller is one means of providing for providing milk flow from the milking system 6 towards the milk storage tank that is regulated such that the temperature of the milk is in a predetermined range. As such one of skill in the art would find it obvious to increase the cooling capacity of the chiller when based on control signals indicating a higher than desired milk temperature more cooling is needed to maintain the desired temperature and further the decrease the cooling capacity of the chiller when base on control signals indicating a lower than ideal milk temperature less cooling is needed to maintain the desired temperature.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc