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 .
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.
Claim(s) 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gordon (US 6349232).
Regarding Claim 1, Gordon discloses a delivery device (Figs. 1, 5, and 7) comprising:
a collar device (20, Fig. 1) for wearing on an animal (Col. 6 lines 19-28) comprising a dosing chamber (portion of conduit 224 shown as filled with substance 230, Fig. 7; Col. 8 lines 11-25 indicate the pump of Fig. 7 can be used with the collar of Figs. 1/5) for delivering a substance (230, Fig. 7) therefrom (Col. 8 lines 11-25);
a substance-delivery apparatus (rotor 220, Fig. 7) configured to impart a pushing force against said substance (230, Fig. 7) within said dosing chamber (224, Fig. 7) to cause at least a portion of said substance (230, Fig. 7) to be delivered from said dosing chamber (224, Fig. 7; Col. 8 lines 11-25; when the rotor turns, the substance within tube 224 is pushed out to deliver to the animal);
an electrical energy source (battery 174, Fig. 5) configured to impart an electrically-created pulse or cycle to said substance (230, Fig. 7; Col. 7 lines 40-44, Col. 8 lines 11-25; the controller electrically actuates the rotor to impart an electronically-created pulse by the electrical signal moving the rotor and therefore moving the substance); and
a controller (162, Fig. 5) in communication with said electrical energy source (174, Fig. 5) for controlling delivery of at least a portion of said substance (230, Fig. 7) from said dosing chamber (224, Fig. 7), wherein said pulse or cycle delivers a dose (Col. 7 lines 40-44, Col. 8 lines 11-25; the amount of fluid held between two rollers 222 can be considered a dose).
Regarding Claim 2, Gordon discloses said dosing chamber (224, Fig. 7) comprises a tube (224, Fig. 7; Col. 8 lines 11-25).
Regarding Claim 3, Gordon discloses multiple dosing cycles are controlled by said controller (162, Fig. 5) so that sequences of pulses impart sequences of doses (Col. 6 lines 28-42; each time the rotor spins, the dose held within chamber 224 between rollers 222 will be expelled and another dose will be pulled into the chamber, and therefore the controller sending multiple signals to spin the rotor will deliver a sequence of doses).
Regarding Claim 4, Gordon discloses said controller (162, Fig. 5) is operative to control dosage in a closed control loop (Col. 6 lines 51-55; the controller can operate in response to one or more inputs from a sensor 169).
Regarding Claim 5, Gordon discloses said controller (162, Fig. 5) is operative to control dosage in an open control loop (Col. 6 lines 51-55; the controller “may” operate in response to inputs from sensors 169, and therefore is also capable of operating without the inputs from the sensors and using for example a timing program rather than sensor signals to determine when to dispense a dose).
Regarding Claim 6, Gordon discloses said dosing chamber (224, Fig. 7) is at least partially filled for application of a subsequent dose (Col. 6 lines 28-42; each time the rotor spins, the dose held within chamber 224 between rollers 222 will be expelled and another dose will be pulled into the chamber and ready for application of the next dose).
Regarding Claim 7, Gordon discloses after delivery of a dosage of said substance (230, Fig. 7), said dosing chamber (224, Fig. 7) is ready for delivery of another dosage of said substance (Col. 6 lines 28-42; each time the rotor spins, the dose held within chamber 224 between rollers 222 will be expelled and another dose will be pulled into the chamber and ready for application of the next dose).
Regarding Claim 8, Gordon discloses a delivery device (Figs. 1, 5, and 7) comprising:
a collar device (20, Fig. 1) for wearing on an animal (Col. 6 lines 19-28), said collar device (20, Fig. 1) comprising a dosing chamber (portion of conduit 224 shown as filled with substance 230, Fig. 7; Col. 8 lines 11-25 indicate the pump of Fig. 7 can be used with the collar of Figs. 1/5) for delivering a substance (230, Fig. 7) therefrom (Col. 8 lines 11-25);
a substance-delivery apparatus (rotor 220, Fig. 7) configured to impart a pushing force against said substance (230, Fig. 7) within said dosing chamber (224, Fig. 7) to cause at least a portion of said substance (230, Fig. 7) to be delivered from said dosing chamber (224, Fig. 7; Col. 8 lines 11-25; when the rotor turns, the substance within tube 224 is pushed out to deliver to the animal);
an electrical energy source (battery 174, Fig. 5) configured to impart an electrically-created pulse or cycle to said substance (230, Fig. 7; Col. 7 lines 40-44, Col. 8 lines 11-25; the controller electrically actuates the rotor to impart an electronically-created pulse by the electrical signal moving the rotor and therefore moving the substance); and
a controller (162, Fig. 5) in communication with said electrical energy source (174, Fig. 5) for controlling delivery of at least a portion of said substance (230, Fig. 7) from said dosing chamber (224, Fig. 7), wherein said pulse or cycle delivers a dose (Col. 7 lines 40-44, Col. 8 lines 11-25; the amount of fluid held between two rollers 222 can be considered a dose), and said dosing chamber (224, Fig. 7) is in fluid communication with a substance reservoir (supply module 227, Fig. 7).
Regarding Claim 9, Gordon discloses said dosing chamber (224, Fig. 7) is at least partially filled for application of a subsequent dose (Col. 6 lines 28-42; each time the rotor spins, the dose held within chamber 224 between rollers 222 will be expelled and another dose will be pulled into the chamber and ready for application of the next dose).
Regarding Claim 10, Gordon discloses after delivery of a dosage of said substance (230, Fig. 7), said dosing chamber (224, Fig. 7) is ready for delivery of another dosage of said substance (Col. 6 lines 28-42; each time the rotor spins, the dose held within chamber 224 between rollers 222 will be expelled and another dose will be pulled into the chamber and ready for application of the next dose).
Conclusion
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/JESSICA ARBLE/ Primary Examiner, Art Unit 3781