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 11/26/2025, the following represents the changes from the previous claims: Claims 1 and 10 were amended, and Claims 5 and 14, were canceled. Claims 1-4, 6-13, and 15-19 are presented for examination.
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 1-2, 6, 8-13, 15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Baarsch (US 20050006153 A1) in view of Garigan (US 20200323170 A1 as cited in IDS).
Regarding claim 1, Baarsch teaches a system for monitoring and managing livestock, the system comprising: an enclosure (10); a temporary confinement area (31 of fig. 1a) associated with the enclosure (fig. 1), the temporary confinement area having at least one gate (40 and 41) that can be actuated to open ([0044]) and allow an animal to enter and to close and confine the animal in the temporary confinement area (fig. 1a and [0044]); a scale (33) that weighs the animal in the temporary confinement area (fig. 1a and [0044]) to establish a weight of the animal ([0043]); an identification reader (63) that detects a unique identification tag (21) associated with the animal ([0041); wherein the unique identification tag wirelessly receives the weight from the scale ([0041, 0044, and 0051-0059] as the unique identification tag stores the weights received from the scale 33 and the unique identification tag communicates with the controller 30 wirelessly via antenna to allow the controller 30 to operate the gates) and stores the weight ([0041], [0043] and [0058] as the weight will be stored by the ear tag in order to identify the individual pig and send the information to the controller 30); and a database wherein the database stores information associated with the animal ([0019] [0053] as the system software can store the data collected, and so Baarsch teaches a database) and the respective unique identification tag associated with the animal ([0051-0059]), including storing the weight of the animal ([0019] [0053]).
Baarsch does not explicitly state a service provider that wirelessly receives the weight from the unique identification tag; said database in communication with the service provider.
Garigan teaches a service provider (130 as it relies on internet) that wirelessly receives the weight from the unique identification tag (110; fig. 1 and [0048, 0056, 0071] as the unique identification tag sends the weight data to the base station which then wirelessly sends the data to the service provider); said database ([0076] as the remote computing server 140 comprises of a database) in communication with the service provider (fig. 1 and [0030, 0071]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a service provider that wirelessly receives the weight from the unique identification tag and having said database in communication with the service provider as taught by Garigan into the system of Baarsch in order to allow the user to remotely communicate with a plurality of tags in a wide area (fig. 1 and [0006] and [0030] of Garigan).
Regarding claim 2, Baarsch as modified by Garigan teaches the system of claim 1, and Baarsch further teaches further comprising an attractant (13 and 16b) inside the enclosure to lure the animal onto the scale, wherein the attractant is at least one of feed, water, and/or mineral (fig. 1 and [0042]-[0043]).
Regarding claim 6, Baarsch as modified by Garigan teaches the system of claim 1, and Baarsch as modified by Garigan further teaches wherein the service provider (130 of Garigan) is further configured to cause an automatic action to be taken by the at least one gate to trap the animal in the enclosure (the combination of Baarsch as modified by Garigan will teach the service provider to cause an automatic action to be taken by the at least one gate to trap the animal in the enclosure([0044] [0046] [0053]-[0055] and [0060] of Baarsch)).
Regarding claim 8, Baarsch as modified by Garigan teaches the system of claim 1, and Baarsch further teaches further comprising a directional antenna (50) connected into a base station (30) to record data associated to the unique identification tag detected by the directional antenna (fig. 2 and [0054] and [0058]).
Regarding claim 9, Baarsch as modified by Garigan teaches the system of claim 8, Baarsch further teaches wherein the directional antenna is mounted where a head of an animal is positioned in the temporary confinement area (fig. 2), such that the directional antenna communicates with the unique identification tag of the animal in the temporary confinement area (fig. 2 and [0054] and [0058]).
Baarsch as modified by Garigan 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 Baarsch as modified by Garigan 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 10, Baarsch teaches a method for automatically managing livestock, the method comprising: detecting a unique identification tag (21) associated with an animal; opening at least one gate (40 and 41 and [0044]) of a temporary confinement area (31 of fig. 1a) associated with an enclosure to allow an animal to enter ([0044] and [0075]); closing the at least one gate to confine the animal in the temporary confinement area ([0044]); weighing the animal on a scale to establish a weight of the animal (33, fig. 1a and [0044]); wirelessly transmitting the weight from the scale to the unique identification tag ([0041, 0044, and 0051-0059] as the unique identification tag stores the weights received from the scale 33 and the unique identification tag communicates with the controller 30 wirelessly via antenna to allow the controller 30 to operate the gates) and storing the weight at the unique identification tag ([0041], [0043] and [0058] as the weight will be stored by the ear tag in order to identify the individual pig and send the information to the controller 30); and updating a database ([0019] [0053] as the system software can store the data collected, and so Baarsch teaches a database) and that stores information associated with the animal ([0019] [0021]-[0022] [0053] [0098] as data can be viewed and entered and so the database is updated) and the unique identification tag to include the weight of the animal ([0041], [0043] and [0058] as the weight will be stored by the ear tag in order to identify the individual pig and send the information to the controller 30, and so, the unique identification tag will include the weight of the animal).
However, Baarsch does not explicitly state wirelessly transmitting the weight from the unique identification tag to a service provider; said database that is in communication with the service provider.
Garigan teaches wirelessly transmitting the weight from the unique identification tag (110) to a service provider (130 as it relies on internet; fig. 1 and [0048, 0056, 0071] as the unique identification tag sends the weight data to the base station which then wirelessly sends the data to the service provider); said database ([0076] as the remote computing server 140 comprises of a database) that is in communication with the service provider (fig. 1 and [0030, 0071]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wirelessly transmitting the weight from the unique identification tag to a service provider; said database that is in communication with the service provider as taught by Garigan into the method of Baarsch in order to allow the user to remotely communicate with a plurality of tags in a wide area (fig. 1 and [0006] and [0030] of Garigan).
Regarding claim 11, Baarsch as modified by Garigan the method of claim 10, further comprising luring the animal onto the scale using an attractant, which is at least one of feed, water, and/or mineral (fig. 1 and [0042]-[0043]).
Regarding claim 12, Baarsch as modified by Garigan the method of claim 10, further comprising trapping the animal in the enclosure for attention, based on the information associated with the animal ([0044] [0046] [0053]-[0055] and [0060]).
Regarding claim 13, Baarsch as modified by Garigan the method of claim 12, wherein the attention includes a health evaluation ([0058] as recording the weight is a health evaluation), medicine administration, artificial insemination, or removal of the animal from a pasture.
Regarding claim 15, Baarsch as modified by Garigan the method of claim 10, further comprising causing an automatic action to be taken by a gate to trap the animal upon detection of the unique identification tag ([0044] [0046] [0053]-[0055] and [0060]).
Regarding claim 17, Baarsch as modified by Garigan the method of claim 10, further comprising determining an optimal time to close the temporary confinement area to lock the animal into position to prevent injury to the animal ([0060] as the optimal time will be when the animal has all four hooves on the scale).
Claim(s) 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Baarsch as modified by Garigan as applied to claim 1 above, and further in view of VAN (US 20220125004 A1).
Regarding claim 3, Baarsch as modified by Garigan teaches the system of claim 1, and Baarsch further teaches further comprising a base station (30) that is configured to automatically open a gate based on the detection of the unique identification tag by the identification reader (Baarsch is capable of having the base station automatically open a gate based on the detection of the unique identification tag by the identification reader as shown in fig. 2 and [0046] [0053]-[0055] and [0058] as the identification tag will send a signal with the weight data to 30 which leads to 30 opening gate 40), and automatically close the gate when the animal steps onto the scale ([0046] and[0060]).
In the event that the applicant does not agree with examiner’s interpretation of Baarsch as modified by Garigan teaching automatically open a gate based on the detection of the unique identification tag by the identification reader, Van teaches automatically open a gate (38-2) based on the detection of the unique identification tag (3-2) by the identification reader ([0034]).
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 gate of Baarsch as modified by Garigan to automatically open a gate based on the detection of the unique identification tag by the identification reader as taught by Van in order to selectively allow a desired animal to pass through the gate ([0034] of Van).
Regarding claim 4, Baarsch as modified by Garigan and Van teaches the system of claim 3, and Baarsch as modified by Garigan and Van further teaches wherein the service provider (130 of Garigan) is configured to determine that the animal requires attention based on the information stored in the database, wherein attention includes a health evaluation, medicine administration, artificial insemination, and/or removal of the animal from a pasture (Baarsch as modified by Garigan and Van is capable to determine that the animal requires attention based on the information stored in the database, wherein attention includes a health evaluation, medicine administration, artificial insemination, and/or removal of the animal from a pasture as the information of Baarsch is not just limited to the weight of the animal as it can store other pertinent information ([0058] of Baarsch)).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Baarsch as modified by Garigan as applied to claim 1 above, and further in view of Dijkstra (US 20190008117 A1).
Regarding claim 7, Baarsch as modified by Garigan teaches the system of claim 1, but is silent about further comprising an automatic chemical applicator for applying a chemical to the animal based on the information associated with the animal in the database.
Dijkstra teaches an automatic chemical applicator (105) for applying a chemical to the animal based on the information associated with the animal in the database ([0024] and [0039]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an automatic chemical applicator for applying a chemical to the animal based on the information associated with the animal in the database as taught by Dijkstra into the system of Baarsch as modified by Garigan in order to deliver the proper medication to the animal when needed ([0039] of Dijkstra).
Claims 16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Baarsch as modified by Garigan as applied to claims 10 and 17 above, and further in view of Dijkstra.
Regarding claim 16, Baarsch as modified by Garigan teaches the method of claim 10, but is silent about further comprising automatically applying a chemical to the animal based on the information associated with the animal in the database.
Dijkstra teaches automatically applying a chemical to the animal based on the information associated with the animal in the database ([0024] and [0039]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to automatically applying a chemical to the animal based on the information associated with the animal in the database as taught by Dijkstra into the method of Baarsch as modified by Garigan in order to deliver the proper medication to the animal when needed ([0039] of Dijkstra).
Regarding claim 18, Baarsch as modified by Garigan teaches the method of claim 17, comprising upon detecting the animal in the temporary confinement area by a base station (30 and [0046] [0053]-[0055] and [0058]).
However, Baarsch as modified by Garigan is silent about injecting the animal with a medicine based on a medical history stored in the database
Dijkstra teaches comprising injecting the animal with a medicine based on a medical history stored in the database ([0024] and [0039]).
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 Baarsch as modified by Garigan to include injecting the animal with a medicine based on a medical history stored in the database as taught by Dijkstra in order to deliver the proper medication to the animal when needed ([0039] of Dijkstra).
Regarding claim 19, Baarsch as modified by Garigan and Dijkstra teaches the method of claim 18, and Dijkstra further teaches wherein the medicine is any of boosters, vaccines (abstract), and other medical treatments ([0039]).
Response to Arguments
Applicant’s arguments filed on 11/26/2025 have been fully considered but they are not persuasive.
Applicant further argues “The only wireless transmission between the animal RFID tag 21 and the controller 30 of the scale is that of the controller 30 receiving radio frequency ear tag signals through the antenna 50 of the controller 30 (see FIG. 2 and para. 0054). In other words, Baarsch fails to teach Applicant's claimed elements of wirelessly transmitting the weight of the animal from the scale to the unique identification tag and wirelessly transmitting the weight from the unique identification tag to a service provider.
The examiner respectively disagrees. As stated above, Baarsch teaches wirelessly transmitting the weight of the animal from the scale to the unique identification tag as the unique identification tag of Baarsch stores the weights received from the scale 33 and the unique identification tag communicates with the controller 30 wirelessly via antenna to allow the controller 30 to operate the gates as stated in [0041, 0044, and 0051-0059] of Baarsch.
Also, as stated above, Garigan teaches wirelessly transmitting the weight from the unique identification tag (110) to a service provider (130 as it relies on internet; fig. 1 and [0048, 0056, 0071] as the unique identification tag sends the weight data to the base station which then wirelessly sends the data to the service provider).
Applicant further argues “As noted in section B above, Baarsch fails to teach Applicant's claimed elements of wirelessly transmitting the weight of the animal from the scale to the unique identification tag and wirelessly transmitting the weight from the unique identification tag to a service provider.
Applicant submits that that the deficiencies of Baarsch are not overcome the by the teachings of the other cited art. More specifically, with regard to Garigan, Applicant notes that the cow tag 110 may store an ID and a weight (see paras. 0048-0049 and 0055-0056) that is provided by the user (i.e., not a scale as set forth in Applicant's claims) via NFC (see para. 0066). Van Dyjk is notably silent as to a scale and a transmission of weight. Dijkstra teaches a scale 23 that is used to measure how many cc's of liquid material is removed from a container for injection and is silent as to a scale used to obtain the weight of animal. As such, Garigan, Van Dyjk and Dijkstra also fail to teach Applicant's claimed elements of wirelessly transmitting the weight of the animal from the scale to the unique identification tag and wirelessly transmitting the weight from the unique identification tag to a service provider.”
The examiner respectively disagrees. In response to applicant's arguments against the references individually, 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).
As stated above, Baarsch teaches wirelessly transmitting the weight of the animal from the scale to the unique identification tag as the unique identification tag of Baarsch stores the weights received from the scale 33 and the unique identification tag communicates with the controller 30 wirelessly via antenna to allow the controller 30 to operate the gates as stated in [0041, 0044, and 0051-0059] of Baarsch.
Also, as stated above, Garigan teaches wirelessly transmitting the weight from the unique identification tag (110) to a service provider (130 as it relies on internet; fig. 1 and [0048, 0056, 0071] as the unique identification tag sends the weight data to the base station which then wirelessly sends the data to the service provider).
All other claims with arguments are similarly unpersuasive as they relate to claims 1 and 10 and the art used for those claims were used for other features that are not claimed in claims 1 and 10.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 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