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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/28/2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4-8, and 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doyle, II (US Patent No. 7,128,024 B2) (cited by Applicant), further in view of Mulder (US Patent No. 8,425,434 B2) (cited by Applicant), Sayegh et al. (US Publication No. 2015/0216477 A1), and Buranakarl et al. (“Estimation of Body Weight and Body Surface Area in Swamp Buffaloes using Visual Image Analysis”, Journal of Buffalo Science, 1.1 (2012): pp. 13-20) (cited by Applicant).
Regarding claim 1, Doyle, II discloses a system for determining the body surface area (BSA) of an animal, comprising:
a measurement frame (36);
a plurality of measurement sensors (60, 62) mounted to said measurement frame and disposed in pairs of sensors for measuring corresponding distances between opposite sides of an animal to be measured (see Figures 2A-3B and col. 7, lines 40-52, col. 10, lines 34-55, col. 12, line 61-col. 13, line 5);
wherein said measurement sensors each emit a wave or beam that is oriented substantially perpendicular to a path of travel of the animal that is being measured and wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see col. 12, line 61-col. 13, line 5);
wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 2B and 3A);
a computer processor (80) for receiving and storing measurement data taken by the measurement sensors, said computer processor including at least one algorithm for estimating body parameters of an animal considering a plurality of measurements taken by the measurement sensors (see col. 13, lines 19-58);
an output associated with the body parameters, said output including a user interface that displays information including the measurement data and a calculated body parameter (see col. 13, lines 47-58); and
wherein said measurement data includes a plurality of measurements taken along corresponding planes that are converted to the body parameters of the animal (see Figure 3A and 5 and col. 10, lines 48-55, col. 11, lines 39-53, and col. 13, lines 19-58).
Doyle, II describes determining distances between opposite sides of an animal to provide an approximate 3-dimensional geometric measurement of the skeletal size of the animal but does not specifically teach wherein said plurality of measurement sensors are vertically spaced from one another, said measurement sensors generate circumferential measurements of said animal or wherein the estimated body parameters include a body surface area. However, Mulder teaches said plurality of measurement sensors (6, 7) are vertically spaced from one another, wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 4-5 and col. 7, line 52-col. 8, line 12). Sayegh et al. teaches wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see [0032]) and wherein said measurement sensors generate circumferential measurements of said animal (see [0034]). Buranakarl et al. teaches a computer processor including at least one algorithm for estimating body surface area of an animal considering a plurality of measurements taken by the measurement sensors (see Table 4 and p. 14, col. 2, lines 11-18, p. 16, col. 1, lines 2-12, and p. 17, col. 1, line 8-p. 17, col. 2, line 16), wherein said measurement data includes a plurality of measurements taken along corresponding planes that are converted to the BSA of the animal (see p. 16, col. 1, lines 2-12).
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 Doyle, II to include said plurality of measurement sensors are vertically spaced from one another, as disclosed in Mulder, so as to determine the height of the animal.
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 Doyle, II to include said measurement sensors generate circumferential measurements of said animal, as disclosed in Sayegh et al., so as to generate a three-dimensional digital model of the animal from which a width, circumference, or volume of a select region of the body can be measured and computed (see Sayegh et al.: [0034]).
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 Doyle, II to include the estimated body parameters that include a body surface area, as disclosed in Buranakarl et al., because body surface area, in contrast to body weight, has long been known to be beneficial in calculating doses of medication especially in large animals as well as in scientific research in which body functions are compared for different sizes of the animals (see Buranakarl et al.: p. 19, lines 21-26).
Regarding claim 4, Sayegh et al. teaches said plurality of measurement sensors includes at least one of a pulse coherent radar (PCR) sensor device or an infrared (IR) sensor device (see [0032]).
Regarding claim 5, Doyle, II discloses said corresponding planes are vertically oriented and a measured length of an animal is horizontally oriented (see Figure 3A, 4B, and 5 and col. 10, lines 48-55).
Regarding claim 6, Doyle, II discloses said corresponding planes are oriented substantially perpendicular to a measured length of an animal (see Figure 3A, 4B, and 5 and col. 10, lines 48-55).
Regarding claim 7, Doyle, II discloses said at least one algorithm includes mathematical calculations using said measurement data (see col. 13, lines 19-58).
Regarding claim 8, Doyle, II discloses a method of determining the body surface area (BSA) of an animal, comprising:
providing a measurement frame (36);
mounting a plurality of measurement sensors (60, 62) in said measurement frame and disposed in pairs of sensors for measuring corresponding distances between opposite sides of an animal to be measured (see Figures 2A-3B and col. 7, lines 40-52, col. 10, lines 34-55, col. 12, line 61-col. 13, line 5);
wherein said measurement sensors each emit a wave or beam that is oriented substantially perpendicular to a path of travel of the animal that is being measured and wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see col. 12, line 61-col. 13, line 5);
wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 2B and 3A);
providing a computer processor (80) for receiving and storing measurement data taken by the measurement sensors, said computer processor including at least one algorithm for estimating the body parameters of an animal considering a plurality of measurements taken by the measurement sensors (see col. 13, lines 19-58);
taking and recording a plurality of measurements of the animal as the animal passes the measurement frame, said measurements being taken along a selected plane (see Figure 3A, 4B, and 5 and col. 10, lines 48-55);
processing the measurements by the computer processor (see col. 13, lines 19-58);
generating an output indicating the body parameters of the animal, said output including a user interface that displays information including measurements taken and a calculated body parameter (see col. 13, lines 47-58); and
wherein said measurement data includes a plurality of measurements taken along corresponding planes that are converted to the body parameters of the animal (see Figure 3A and 5 and col. 10, lines 48-55, col. 11, lines 39-53, and col. 13, lines 19-58).
Doyle, II describes determining distances between opposite sides of an animal to provide an approximate 3-dimensional geometric measurement of the skeletal size of the animal but does not specifically teach wherein said plurality of measurement sensors are vertically spaced from one another, said measurement sensors generate circumferential measurements of said animal or wherein the estimated body parameters include a body surface area. However, Mulder teaches said plurality of measurement sensors (6, 7) are vertically spaced from one another, wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 4-5 and col. 7, line 52-col. 8, line 12). Sayegh et al. teaches wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see [0032]) and wherein said measurement sensors generate circumferential measurements of said animal (see [0034]). Buranakarl et al. teaches a computer processor including at least one algorithm for estimating body surface area of an animal considering a plurality of measurements taken by the measurement sensors (see Table 4 and p. 14, col. 2, lines 11-18, p. 16, col. 1, lines 2-12, and p. 17, col. 1, line 8-p. 17, col. 2, line 16), wherein said measurement data includes a plurality of measurements taken along corresponding planes that are converted to the BSA of the animal (see p. 16, col. 1, lines 2-12).
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 Doyle, II to include said plurality of measurement sensors are vertically spaced from one another, as disclosed in Mulder, so as to determine the height of the animal.
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 method of Doyle, II to include said measurement sensors generate circumferential measurements of said animal, as disclosed in Sayegh et al., so as to generate a three-dimensional digital model of the animal from which a width, circumference, or volume of a select region of the body can be measured and computed (see Sayegh et al.: [0034]).
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 method of Doyle, II to include the estimated body parameters that include a body surface area, as disclosed in Buranakarl et al., because body surface area, in contrast to body weight, has long been known to be beneficial in calculating doses of medication especially in large animals as well as in scientific research in which body functions are compared for different sizes of the animals (see Buranakarl et al.: p. 19, lines 21-26).
Regarding claim 11, Sayegh et al. teaches said plurality of measurement sensors includes at least one of a pulse coherent radar (PCR) sensor device or an infrared (IR) sensor device (see [0032]).
Regarding claim 12, Doyle, II discloses said corresponding planes are vertically oriented and a measured length of an animal is horizontally oriented (see Figure 3A, 4B, and 5 and col. 10, lines 48-55).
Regarding claim 13, Doyle, II discloses said corresponding planes are oriented substantially perpendicular to a measured length of an animal (see Figure 3A, 4B, and 5 and col. 10, lines 48-55).
Regarding claim 14, Doyle, II discloses said at least one algorithm includes mathematical calculations using said measurement data (see col. 13, lines 19-58).
Regarding claim 15, Doyle, II discloses a method for determining a health status of an animal based on a measured body surface area (BSA) of the animal, comprising:
providing a measurement frame (36);
mounting a plurality of sensors (60, 62) to said measurement frame and disposed in pairs of sensors for measuring corresponding distances between opposite sides of an animal to be measured (see Figures 2A-3B and col. 7, lines 40-52, col. 10, lines 34-55, col. 12, line 61-col. 13, line 5);
wherein said measurement sensors each emit a wave or beam that is oriented substantially perpendicular to a path of travel of the animal that is being measured and wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see col. 12, line 61-col. 13, line 5);
wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 2B and 3A);
providing a computer processor (80) for receiving and storing measurement data taken by the measurement sensors, said computer processor including at least one algorithm for estimating the body parameters of an animal considering a plurality of measurements taken by the measurement sensors (see col. 13, lines 19-58);
generating an output associated with the estimated body parameters, said output including a user interface that displays information including the measurements and a calculated body parameter, wherein said measurement data includes a plurality of measurements taken along corresponding planes that are converted to the calculated body parameters of the animal (see Figure 3A and 5 and col. 10, lines 48-55, col. 11, lines 39-53, and col. 13, lines 19-58);
providing predetermined animal health criteria stored in said computer processor to correlate the calculated body parameter to a health status of the animal (see col. 13, line 19-col. 14, line 26 and col. 14, line 64-col. 15, line 24); and
automatically assigning, by said computer processor, a health status to the animal considering the predetermined animal health criteria and an associated calculated body parameter (see col. 13, line 19-col. 14, line 26 and col. 14, line 64-col. 15, line 24).
Doyle, II describes determining distances between opposite sides of an animal to provide an approximate 3-dimensional geometric measurement of the skeletal size of the animal but does not specifically teach wherein said plurality of measurement sensors are vertically spaced from one another, said measurement sensors generate circumferential measurements of said animal or wherein the estimated body parameters include a body surface area. However, Mulder teaches said plurality of measurement sensors (6, 7) are vertically spaced from one another, wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 4-5 and col. 7, line 52-col. 8, line 12). Sayegh et al. teaches wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see [0032]) and wherein said measurement sensors generate circumferential measurements of said animal (see [0034]). Buranakarl et al. teaches a computer processor including at least one algorithm for estimating body surface area of an animal considering a plurality of measurements taken by the measurement sensors (see Table 4 and p. 14, col. 2, lines 11-18, p. 16, col. 1, lines 2-12, and p. 17, col. 1, line 8-p. 17, col. 2, line 16), wherein said measurement data includes a plurality of measurements taken along corresponding planes that are converted to the BSA of the animal (see p. 16, col. 1, lines 2-12).
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 Doyle, II to include said plurality of measurement sensors are vertically spaced from one another, as disclosed in Mulder, so as to determine the height of the animal.
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 method of Doyle, II to include said measurement sensors generate circumferential measurements of said animal, as disclosed in Sayegh et al., so as to generate a three-dimensional digital model of the animal from which a width, circumference, or volume of a select region of the body can be measured and computed (see Sayegh et al.: [0034]).
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 method of Doyle, II to include the estimated body parameters that include a body surface area, as disclosed in Buranakarl et al., because body surface area, in contrast to body weight, has long been known to be beneficial in calculating doses of medication especially in large animals as well as in scientific research in which body functions are compared for different sizes of the animals (see Buranakarl et al.: p. 19, lines 21-26).
Regarding claim 16, Doyle, II discloses a non-transitory computer-readable medium containing computer executable instructions, wherein, when executed by a computer processor (80), the instructions cause the computer processor to execute a method for determining the body surface area (BSA) of an animal, the computer-readable instructions comprising:
instructions to receive and store data corresponding to measurement data obtained from a plurality of measurement sensors (60, 62) that measure distances between opposite sides of an animal to obtain a plurality of measurements around the animal, the measurements being at locations on the animal that are longitudinally spaced along a length of the animal, and wherein said measurements are taken along corresponding planes where the sensors are located (see Figures 2A-3B and col. 7, lines 40-52, col. 10, lines 34-55, col. 12, line 61-col. 13, line 5);
wherein said measurement sensors each emit a wave or beam that is oriented substantially perpendicular to a path of travel of the animal that is being measured and wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see col. 12, line 61-col. 13, line 5);
wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 2B and 3A);
instructions to execute at least one algorithm that provides an estimate of the body parameters, wherein input variables to the algorithm at least include the plurality of circumferential measurements (see col. 13, lines 19-58); and
instructions to generate an output from the executed algorithm including a user interface that provides an estimate of a body parameters of at least one animal that has been measured (see Figure 3A and 5 and col. 10, lines 48-55, col. 11, lines 39-53, and col. 13, lines 19-58).
Doyle, II describes determining distances between opposite sides of an animal to provide an approximate 3-dimensional geometric measurement of the skeletal size of the animal but does not specifically teach wherein said plurality of measurement sensors are vertically spaced from one another, said measurement sensors generate circumferential measurements of said animal or wherein the estimated body parameters include a body surface area. However, Mulder teaches said plurality of measurement sensors (6, 7) are vertically spaced from one another, wherein the measured distance are substantially perpendicular to the path of travel of the animal as it passes the measurement sensors (see Figures 4-5 and col. 7, line 52-col. 8, line 12). Sayegh et al. teaches wherein said measurement sensors measure a time of flight and magnitude of reflection from the detected animal for a distance that is being measured (see [0032]) and wherein said measurement sensors generate circumferential measurements of said animal (see [0034]). Buranakarl et al. teaches a computer processor including at least one algorithm for estimating body surface area of an animal considering a plurality of measurements taken by the measurement sensors (see Table 4 and p. 14, col. 2, lines 11-18, p. 16, col. 1, lines 2-12, and p. 17, col. 1, line 8-p. 17, col. 2, line 16), wherein said measurement data includes a plurality of measurements taken along corresponding planes that are converted to the BSA of the animal (see p. 16, col. 1, lines 2-12).
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 Doyle, II to include said plurality of measurement sensors are vertically spaced from one another, as disclosed in Mulder, so as to determine the height of the animal.
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 non-transitory computer-readable medium of Doyle, II to include said measurement sensors generate circumferential measurements of said animal, as disclosed in Sayegh et al., so as to generate a three-dimensional digital model of the animal from which a width, circumference, or volume of a select region of the body can be measured and computed (see Sayegh et al.: [0034]).
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 non-transitory computer-readable medium of Doyle, II to include the estimated body parameters that include a body surface area, as disclosed in Buranakarl et al., because body surface area, in contrast to body weight, has long been known to be beneficial in calculating doses of medication especially in large animals as well as in scientific research in which body functions are compared for different sizes of the animals (see Buranakarl et al.: p. 19, lines 21-26).
Regarding claim 17, Doyle, II discloses said corresponding planes are oriented substantially perpendicular to a horizontal axis defined by a direction of travel of the animal being measured (see Figure 3A, 4B, and 5 and col. 10, lines 48-55).
Regarding claim 18, Doyle, II discloses said corresponding planes are oriented substantially orthogonal to a direction of travel of the animal as the animal passes through a measurement area where the measurement sensors take measurements (see Figure 3A, 4B, and 5 and col. 10, lines 48-55).
Regarding claim 19, Doyle, II in view of Buranakarl et al. teaches instructions to generate an output, including a user interface, that considers the estimated BSA to subsequently determine and display on said user interface, a health status of the animal (see col. 13, line 19-col. 14, line 26 and col. 14, line 64-col. 15, line 24).
Claims 2-3 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Doyle, II, Mulder, Sayegh et al., and Buranakarl et al., further in view of O’Connell (US Patent No. 10,412,935 B2) (cited by Applicant).
Regarding claims 2-3 and 9-10, it is noted Doyle, II does not specifically teach said measurement frame includes a pair of horizontally spaced posts and said plurality of measurement sensors are mounted to said posts, wherein said plurality of measurement sensors are mounted in opposing pairs to said posts/measurement frame, each sensor of a corresponding pair being configured to measure a distance to account for sideways or transverse movement of the animal as it passes through said measurement frame. However, O’Connell teaches said measurement frame includes a pair of horizontally spaced posts (22, 24) and said plurality of measurement sensors (30) are mounted to said posts and vertically spaced from one another, wherein said plurality of measurement sensors are mounted in opposing pairs to said posts, each sensor of a corresponding pair being configured to measure a distance to account for sideways or transverse movement of the animal as it passes through said measurement frame (see Figure 1 and col. 4, line 51-col. 5, lines 22). 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 and method of Doyle, II to include said measurement frame includes a pair of horizontally spaced posts and said plurality of measurement sensors are mounted to said posts and vertically spaced from one another, wherein said plurality of measurement sensors are mounted in opposing pairs to said posts, each sensor of a corresponding pair being configured to measure a distance to account for sideways or transverse movement of the animal as it passes through said measurement frame, as disclosed in O’Connell, so as to make a series of substantially horizontal measurements scanned over two dimensions defined by the areas of the posts and to eliminate any perspective effects (see O’Connell: col. 2, lines 6-8 and col. 5, lines 17-22).
Response to Arguments
Applicant’s arguments with respect to the Kriesel reference have been considered but are moot because the new ground of rejection no longer relies on that reference for any teaching or matter specifically challenged in the argument.
In response to applicant's arguments against the references individually, specifically that Doyle II does not suggest determining any type of circumferential measurement, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to applicant's argument that the each of the cited references use independent and distinct techniques for measuring or estimating features of an animal and significant reconstruction of the prior art is required to obviate the claimed invention (e.g. sensor arrangement of Mulder cannot be used with the other references, Buranakarl determines body surface area but allegedly only using manual measurements), the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
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/DEVIN B HENSON/ Primary Examiner, Art Unit 3791