DETAILED ACTION
This communication is a final rejection on the merits.
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 Amendment
The amendment filed 10/07/2025 has been entered. Claim 1 has been amended, Claims 5, 7, 9-11, and 19-20 have been canceled, Claims 12-18 have been withdrawn, and Claims 2-4, 6, and 8 remain as previously presented. Applicant’s amendments to the Claims have overcome each and every objection set forth in the Non-Final Rejection mailed 07/08/2025.
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.
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.
Claims 1-3, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Comparat et al. (US 10405528 B2) in view of Du Jonchay et al. (US 20220007622 A1) and Enssle et al. (US 10216175 B2).
Regarding Claim 1, Comparat teaches a system for rearing insects (shown in Fig. 1; see Abstract), comprising
A plurality of crates (31,32) for storing insects to be reared (see also Claims 1 and 3);
At least one room (Z1) for storing the plurality of crates (stated in Claims 1 and 3; Room Z1 is capable of storing a plurality of crates 31,32 where insects can be stored for rearing.);
At least one swap area (1) provided in the at least one room (shown in Fig. 1; Swap area 1 is provided in room Z1.), wherein the at least one swap area (1) is configured to temporarily store the plurality of crates during a cleaning operation within the at least one room (see Column 6 Lines 10-15; Interface 1 can be a zone for depositing a basic unit [which includes crates as shown in Fig. 3] temporarily. This means that interface 1 is capable of providing a space for the plurality of crates 31,32 to be temporarily stored during a cleaning operation within room Z1.),
A dosing station (feeding island E1; shown in Fig. 9) for filling the plurality of crates with insects and/or feed (stated in Column 10 Lines 4-55; Feeding Island E1 is equipped with a feeding device E which provides the insects crates from room Z1 with feed.);
An automated central harvesting unit (Z2; Column 5 Lines 30-50 states that unit Z2 carries out the harvesting operations.) comprising a harvesting station for unloading the insects from the plurality of crates for subsequent processing of the insects and/or a plurality of further processing stations (shown in Fig. 9 and Column 11 Lines 15-25; Central harvesting unit Z2 comprises a plurality of further processing stations B and C which provide further processing to the harvested insects.),
A crate collection system (2; shown in Fig. 9) for transferring the plurality of crates between the at least one room and the central harvesting unit (stated in Column 6 Lines 20-30; Conveyor 2 moves crates between room Z1 and central harvesting unit Z2.) comprising a connection (1) for connecting the at least one room and the central harvesting unit (shown in Fig. 9; Interface 1 connects room Z1 with central harvesting unit Z2.), wherein the plurality of crates are used in a continuous loop in the system (Column 6 Lines 20-30 states that conveyor 2 moves crates from room Z1 to central harvesting unit Z2 and from central harvesting unit Z2 to room Z1 which allows the crates to be used in a continuous loop in the system.), and wherein the collection system is configured to facilitate return of the plurality of crates to their original location within the at least one room after the cleaning operation (see Column 6 Lines 20-30; Conveyor 2 moves crates between room Z1 and central harvesting unit Z2 and that conveyor 2 can return crates to the interface 1. Therefore, the collection system 2 is capable of returning the plurality of crates to room Z1 after a cleaning operation is done.).
However, the system of Comparat fails to explicitly state that the crate collection system comprises a plurality of crate collection devices for at least collecting the plurality of crates in or from the at least one room.
Du Jonchay teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a facility for farming insects.), the system of Du Jonchay teaches a crate collection system comprises a plurality of crate collection devices (AGV1, AGV2) for at least collecting the plurality of crates in or from the at least one room (Z1; ¶50-51 state that collection devices transport insect crates from room Z1 to zone Z2.). Therefore, 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 system of Comparat to have the crate collection system comprise a plurality of crate collection devices for at least collecting the plurality of crates in or from the at least one room as taught by Du Jonchay with reasonable expectation to provide a more flexible collection system.
The system of Comparat as modified by Du Jonchay fails to explicitly state that the central harvesting unit comprises a bypass line for allowing an individual crate on the central harvesting unit to bypass a processing station.
Enssle teaches a bypass line (110b) for allowing an individual crate on a central unit (100; shown in Fig. 1) to bypass a processing station (See Fig. 1 and Column 16 Lines 20-50 as well as the embodiments described in Columns 7 and 8; Bypass line 110b allows crates to bypass conveyor 110a and therefore allows the crates to bypass any further processing located on conveyor 110a.). Therefore, 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 system of Comparat as modified by Du Jonchay to have the central harvesting unit comprise a bypass line for allowing an individual crate on the central harvesting unit to bypass a processing station as taught by Enssle with reasonable expectation to allow for quality control and increase efficiency.
Regarding Claim 2, the system of Comparat as modified by Du Jonchay and Enssle, as shown above, teaches the limitations of Claim 1.
Comparat further teaches that the at least one room is subdivided in separate compartments (shown in Figs. 1 and 7; Racks R1-R8 form separate compartments in room Z1.).
Regarding Claim 3, the system of Comparat as modified by Du Jonchay and Enssle, as shown above, teaches the limitations of Claim 1.
Comparat further teaches that the system further comprising a climate system adapted to individually control a climate condition for the at least one room and/or each compartment (stated in Claim 12; The system comprises a device for controlling the temperature and atmospheric pressure in the set of racks R1-R8 in the room Z1.).
Regarding Claim 6, the system of Comparat as modified by Du Jonchay and Enssle, as shown above, teaches the limitations of Claim 1.
Comparat further teaches that at least one of:
The connection is provided by the crate collection devices of the collection system which directly or indirectly connect the at least one room with at least one of the processing stations of the central harvesting unit,
The connection between at least one of the at least one room and the central harvesting unit and the further processing stations is stationary,
The connection between the at least one room and the central harvesting unit and the further processing stations is mobile, as the crate collection system comprises automated guided vehicles for transporting individual crates or stacks of crates, and
wherein the transporting or the transferring of the crates by or along the connection is automated
(Fig. 1 of Comparat shows that connection 1 between the room Z1, central harvesting unit Z2, and the further processing stations is stationary [as required by the second bullet point above].).
Regarding Claim 8, the system of Comparat as modified by Du Jonchay and Enssle, as shown above, teaches the limitations of Claim 1.
Du Jonchay further teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a facility for farming insects.) a system (shown in Fig. 1) further comprises a controller (1) for controlling rearing of insects in individual crates or sets of crates by automatically controlled transporting of the crates or sets of crates between the at least one room and the central harvesting unit and/or the further processing stations (¶87-88 state the central guidance system 1 receives information from central system 6 and automatically controlling the movement of AGV 1 and AGV2 which would control the transporting of creates or sets of crates between room Z1 and central harvesting unit Z2.), the controller being configured such that the system provides for a regular output of reared insects (Controller 1 is capable of providing a regular output of reared insects.). Therefore, 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 system of Comparat as modified by Du Jonchay and Enssle to include a controller for controlling rearing of insects in individual crates or sets of crates by automatically controlled transporting of the crates or sets of crates between the at least one room and the central harvesting unit and/or processing stations, the controller being configured such that the system provides for a regular output of reared insects as taught by Du Jonchay with reasonable expectation to provide an automatic means for controlling the transport of crates in the system.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Comparat et al. (US 10405528 B2) as modified by Du Jonchay et al. (US 20220007622 A1) and Enssle et al. (US 10216175 B2) as applied to claim 1 above, and further in view of Yuan et al. (CN 110810348 A).
Regarding Claim 4, the system of Comparat as modified by Du Jonchay and Enssle, as shown above, teaches the limitations of Claim 1.
Comparat further teaches that the central harvesting unit (Z2) further comprises, as a further processing station, a washing station (D) for cleaning empty crates and/or a weighing station for measuring a weight of a crate (Column 11 Lines 5-10 states that island D is suitable for washing the rearing crates and supplying empty clean crates to islands B and C.).
However, the system of Comparat as modified by Du Jonchay and Enssle fails to explicitly state that the washing station is also for drying empty crates.
Yuan teaches a washing system (stated in Pg. 2; The breeding system of the invention comprises a cleaning device) for drying empty crates (also stated in Pg. 2; The breeding crates are dried by a heater.). 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 system of Comparat as modified by Du Jonchay and Enssle to have that the washing station be also for drying empty crates as taught by Yuan with reasonable expectation to dry the crates faster and more efficiently.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Bennett et al. (US 7816617 B2) teaches systems and methods for conveying product.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANGELICA A ALMEIDA BONNIN whose telephone number is (571)272-0708. The examiner can normally be reached M-F 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A.A./ Examiner, Art Unit 3643
/PETER M POON/ Supervisory Patent Examiner, Art Unit 3643
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