DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
As per the submission to the Office filed on 05/14/2026, the following represents the changes from the previous claims: Claims 1, 2, 7-10, 13, 16-19 were amended, and Claims 3-6, 12 and 14-15, were canceled. Claims 1-2, 7-11, 13, 16-22 are presented for examination.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 10 are rejected under 35 U.S.C. 101 because:
the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the scale, service provider and database, however, these structural components are well known in the art and are generic measuring and computer elements and are not disclosed in applicant's specification as being non-transitory. This judicial exception is not integrated into a practical application because the generically recited measuring and computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on the scale, the service provider and the database. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the measuring of the scale, receiving and transferring of the service provider and the database to store and retrieve information are all well-understood, routine, conventional measuring and computer functions.
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 2, 9 and 10-11, 13, 16-19 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.
For claim 2, the limitation “the animal” in line 2 lacks antecedent basis.
For claim 9, the limitation “the animal” in line 4 lacks antecedent basis.
For claim 10, the limitation “the presence” in line 3, “the unique identification” in line 9, “the content” in line 11, “the livestock” in line 16-17 lacks antecedent basis.
For claim 11, the limitation “the animal” in line 1 lacks antecedent basis.
For claim 13, the limitation “the animal” in lines 2-3 lacks antecedent basis.
For claim 17, the limitation “the animal” in line 3 lacks antecedent basis.
Claims 16, 18-19 are rejected as being dependent upon a rejected base claim.
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)(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.
(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.
Claims 1-2, 7, 10-11, 13, 16-17, 21-22 rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Vrabete (US 20170280687 A1).
Regarding claim 1, Vrabete discloses a system for monitoring and managing livestock (100), the system comprising: a scale (214) in an alleyway (figs. 17-18 depicts an alleyway near the gates 1706 and 1708 and wherein the livestock 1720 and 1730 would walk through) that weighs a livestock animal as the livestock animal walks across the scale to establish a weight of the livestock animal ([0027], and figs. 2, 17-18 as the scale 214 is part of the livestock health sensor systems 110 which can be arranged in various locations, and so can the scale 214 can be arranged wherein in the alleyway wherein the livestock animal walks across the scale to establish a weight of the livestock animal), wherein the alleyway has a first end (end of alleyway near gate 1706) with a first closable gate (1706) and/or a second end (end of alleyway near gate 1708) with a second closable gate (1708); an identification reader (abstract, [0031] as the livestock identification data will detect the unique identification of a tag) that detects a unique identification of a tag (130 and [0031]) that is secured to the livestock animal while the livestock animal is in the alleyway ([0031] and figs. 17-18 as the livestock will comprise of the identification of a tag 130); a service provider (102 and [0032]), which is processor-based ([0068-0069]), that wirelessly receives the weight (figs. 1-2, and [0032-0033], [0038] and [0081-0085], as the scale 214 is part of the livestock health sensor system 110, which wirelessly communicates with the service provider 102 over the local network 108) and the unique identification of the tag (figs. 1-2, [0032] and [0055-0056] as the service provider wirelessly communicates with the unique identification of the tag); and a database in communication with the service provider ([0081-0085]), wherein the database stores health information, including the weight, that is specific to the livestock animal in association with the unique identification of the tag ([0033], and [0081-0085]); wherein, upon receipt of the unique identification of the tag, the service provider determines that the livestock animal is in need of attention based on the health information (figs. 12-13 [0081-0085]) and, responsive to the determination, closes the first gate and/or the second gate of the alleyway to isolate the livestock animal within the alleyway to receive the attention (figs. 17-18 and [0086], [0101-0103] as the service provider 102 communicates with 120, which closes the first gate and/or the second gate of the alleyway to isolate the livestock animal within the alleyway to receive the attention) and sends a notification to a mobile device (150 and [0079]) that includes an identification of the attention needed ([0079]).
Regarding claim 2, Vrabete discloses the system of claim 1, further comprising an attractant to lure the animal onto the scale ([0027] as the feeding station will lure the livestock animals onto the scale and the scale will determine the weight of the livestock animal consuming food from the feeding station 200), wherein the attractant is at least one of feed ([0027]), water, and/or mineral.
Regarding claim 7, Vrabete discloses the system of claim 1, further comprising an automatic chemical applicator (242 and [0030]) that applies a chemical to the livestock animal based on the health information ([0026], [0030], [0086] and [0089] as the medicine will be automatically applied by the actuator 1420 to the livestock animal and so the automatic chemical applicator will apply the chemical to the livestock animal based on the health information).
Regarding claim 10, Vrabete discloses a method for automatically managing livestock (100), the method comprising: detecting the presence of a livestock animal on a scale (214) located in an alleyway ([0027] and figs. 17-18 depicts an alleyway near the gates 1706 and 1708 and wherein the livestock 1720 and 1730 would walk through), wherein the scale determines a weight of the livestock animal ([0027]) and wherein the alleyway has a first end (end of alleyway near gate 1706) with a first closable gate (1706) and/or a second end (end of alleyway near gate 1708) with a second closable gate (1708); detecting a unique identification of a tag (130 and [0031]) secured to the livestock animal ([0031] and figs. 17-18 as the livestock will comprise of the identification of a tag 130); wirelessly receiving at a processor-based service provider (102, [0032] and [0068-0069]) the weight of the livestock animal (figs. 1-2, and [0032], as the scale 214 is part of the livestock health sensor system 110, which wirelessly communicates with the service provider 102 over the local network 108) and the unique identification of the tag secured to the livestock animal (figs. 1-2, [0031-0032] and [0055-0056] as the service provider wirelessly communicates with the unique identification of the tag) and storing in a database the weight in association with the unique identification ([0032-0033] and [0081-0085]); reviewing with the processor-based service provider the content of the database that is associated with the unique identification (fig. 2, [0081-0085] as the processor-based service provider will review the content of the database that is associated with the unique identification), wherein the content of the database includes health information of the livestock animal including the weight ([0033], and [0081-0085]); and based on review of the health information, determining with the processor-based service provider the that the livestock animal is in need of attention (figs. 12-13 [0081-0085]) and, responsive to the determination, closing the first gate and/or the second gate of the alleyway to isolate the livestock within the alleyway to receive the attention (figs. 17-18 and [0086], [0101-0103] as the service provider 102 communicates with 120, which closes the first gate and/or the second gate of the alleyway to isolate the livestock animal within the alleyway to receive the attention) and sending a notification to a mobile device (150 and [0079]) that includes an identification of the attention needed ([0079]).
Regarding claim 11, Vrabete discloses the method of claim 10, further comprising luring the animal onto the scale using an attractant ([0027] as the feeding station will lure the livestock animals onto the scale and the scale will determine the weight of the livestock animal consuming food from the feeding station 200), which is at least one of feed ([0027]), water, and/or mineral.
Regarding claim 13, Vrabete discloses the method of claim 10, wherein the attention includes a health evaluation ([0081]), medicine administration, artificial insemination, or removal of the animal from a pasture.
Regarding claim 16, Vrabete discloses the method of claim 10, further comprising automatically applying a chemical to the livestock animal based on the health information ([0026], [0030], [0086] and [0089] as the medicine will be automatically applied by the actuator 1420 to the livestock animal and so teaches automatically applying a chemical to the livestock animal based on the health information).
Regarding claim 17, Vrabete discloses the method of claim 10, further comprising determining an optimal time to close the first gate and the second gate to isolate the livestock animal into position to prevent injury to the animal (figs. 17-18 and [0086], [0101-0103] as the service provider 102 communicates with 120, which closes the first gate and/or the second gate of the alleyway to isolate the livestock animal within the alleyway to receive the attention).
Regarding claim 21, Vrabete discloses the system of claim 1, wherein the second gate is opened by the service provider after a predetermined amount of time (fig. 2, [0086] and [0102-0103] as the predetermined amount of time is the time it takes to determine if the livestock animal requires treatment, once determined, the service provider 102 will open the second gate 1708).
Regarding claim 22, Vrabete discloses the system of claim 1, wherein the health information additionally includes camera footage of the livestock animal that is reviewed by the service provider (figs. 1-3 and [0036-0038] as the camera 320, which is part of the health sensor system 110, will capture footage and will send the camera footage to the service provider 102 over the local network 108).
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.
Claims 8-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Vrabete as applied to claims 1, 10 and 17 above, and further in view of Baarsch (US 20050006153 A1).
Regarding claim 8, Vrabete teaches the system of claim 1, wherein the livestock animal is moved from isolation within the alleyway to a temporary confinement area (1702 and 1704) and wherein the system further comprises a signal that is communicatively coupled to a base station (120 and [0031]) that stores data associated with the tag upon detection of the unique identification of the tag by the signal ([0031], [0037]), wherein the base station is communicatively coupled to the service provider (fig. 2 and [0032]).
However, Vrabete is silent about wherein the system further comprises a directional antenna located within the temporary confinement area that is communicatively coupled to the base station.
Baarsch teaches wherein the system further comprises a directional antenna (50) located near the temporary confinement area (31 and figs. 1-2) that is communicatively coupled to the base station (30; [0054], [0057-0058] and figs. 1-2 as the directional antenna is coupled to base station 30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Vrabete to include a directional antenna as taught by Baarsch in order to provide a more reliable and enhanced signal between the base station and the ear tag ([0054] and [0058] of Baarsch).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the directional antenna of Vrabete as modified by Baarsch to be located within the temporary confinement area in order to provide a stronger signal as it is well known in the art, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 9, Vrabete as modified by Baarsch teaches the system of claim 8, and Vrabete as modified by Baarsch further teaches wherein the directional antenna is mounted ([0054], [0057-0058] and figs. 1-2 of Baarsch) a head of the livestock animal ([0052] of Vrabete) within the temporary confinement area (figs. 17-18 of Vrabete), such that the directional antenna (50 of Baarsch) communicates with the unique identification tag of the animal in the temporary confinement area ([0031-0032] of Vrabete [0058] of Baarsch).
However, Vrabete as modified by Baarsch does not explicitly teach wherein the directional antenna is mounted above.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the directional antenna of Vrabete as modified by Baarsch to be mounted above in order to make it easier to receive signals from the identification tag, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 18, Vrabete teaches the method of claim 17, further comprising moving the livestock animal from isolation in the alleyway to a temporary confinement area (1702 and 1704), detecting that the livestock animal is within the temporary confinement area (figs. 17-18 [0031], [0037] as 120 will detect the identification tag 130 on the livestock animal once it is within the temporary confinement area), and injecting the livestock animal with a medicine ([0086] and [0089] as the livestock animal will be injected with a medical treatment) based on the health information upon detecting with a signal ([0031-0032] and [0037]) that the livestock animal is in the temporary confinement area ([0102]), wherein the signal is communicatively coupled to a base station (120; [0031-0032] and [0102]) and wherein the base station is communicatively coupled to the processor-based service provider (fig. 2 and [0032]).
However, Vrabete is silent about a directional antenna and the directional antenna located within the temporary confinement area.
Baarsch teaches a directional antenna (50) and the directional antenna located near the temporary confinement area (31 and figs. 1-2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Vrabete to include a directional antenna as taught by Baarsch in order to provide a more reliable and enhanced signal between the base station and the ear tag ([0054] and [0058] of Baarsch).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the directional antenna of Vrabete as modified by Baarsch to be located within the temporary confinement area in order to provide a stronger signal as it is well known in the art, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 19, Vrabete as modified by Baarsch teaches the method of claim 18, and Vrabete further teaches wherein the medicine is any of boosters, vaccines, and other injectable medical treatments ([0086] and [0089]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Vrabete as applied to claim 1 above, and further in view of Dijkstra (US 20190008117 A1).
Regarding claim 20, Vrabete teaches the system of claim 1, but is silent wherein, upon the livestock animal having received the needed attention, the mobile device instructs the service provider to open the second gate.
Dijkstra teaches wherein, upon the livestock animal having received the needed attention ([0039], [0042] as the user will receive text messages about attention that the livestock animal received, wherein the user will then confirm if the proper attention has been met), the mobile device (703, fig. 7 and [0039], [0042] and [0045]) instructs the service provider (701) to open the second gate (fig. 7 and [0039], [0042] and [0045] as the user will receive text messages on the mobile device that provide action items, wherein the user will need to take to solve the situation and continue delivering injections to livestock animal, once the user has confirmed on the mobile device that the livestock animal has received the proper injections, the mobile device will instruct the service provider, [0045] and as shown by the double arrow in fig. 7, to open the second gate).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Vrabete to include wherein, upon the livestock animal having received the needed attention, the mobile device instructs the service provider to open the second gate as taught by Dijkstra in order to allow the user to determine if the proper needed attention was received before the second gate opens ([0042] of Dijkstra).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 7-11, 13, 16-22 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR ALMATRAHI whose telephone number is (571)272-2470. The examiner can normally be reached M-F 7:30-5:30.
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/SAHAR ALMATRAHI/Examiner, Art Unit 3643
/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
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