Prosecution Insights
Last updated: July 17, 2026
Application No. 18/567,226

MILKING SYSTEM

Non-Final OA §103
Filed
Dec 05, 2023
Priority
Jun 08, 2021 — SE 2150722-3 +1 more
Examiner
BROWN, MICHAEL J
Art Unit
2115
Tech Center
2100 — Computer Architecture & Software
Assignee
DeLaval Holding AB
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
920 granted / 1046 resolved
+33.0% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
14 currently pending
Career history
1057
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
62.0%
+22.0% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1046 resolved cases

Office Action

§103
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 12/5/2023 and 4/23/2026 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. 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. Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sandberg et al. [Sandberg] (US PGPub 2010/0236484) in view of Uziel et al. [Uziel] (US PGPub 2011/0036296). As to claim 1 Sandberg discloses a milking system (milking device 15, see Fig. 1), comprising: a plurality of teat cups (teat cup 19, see Fig. 1), each teat cup configured to fit on a respective teat (teats of the milking animal; see paragraph 0017, lines 3-4) of an animal (milking animal) during milk extraction in a milking session (see paragraph 0026, lines 5-9); a plurality of milk evacuation tubes (tubes 17,20; see Fig. 1), wherein each milk evacuation tube is connected to a respective teat cup (see paragraph 0026, lines 6-8); a vacuum pump (vacuum pump 11, see Fig. 1) configured to generate a system vacuum pressure (pulsating sub-pressure; see paragraph 0029, lines 3-4) (see paragraph 0029, lines 1-5); a milk tank (receiving vessel 21, see Fig. 1), the milk tank connected to each of the teat cups via the respective connected milk evacuation tube, and also connected to the vacuum pump (see paragraph 0027, lines 1-2 and paragraph 0029, lines 1-12); a plurality of vacuum adjustment arrangements (valve arrangement 27, see Fig. 1), each vacuum adjustment arrangement located along a respective one of the milk evacuation tubes and associated with a respective one of the teat cups, and each vacuum adjustment arrangement being configured to adjust an inlet vacuum pressure level (vacuum level; see paragraph 0046, line 14) provided by the respective one of the milk evacuation tubes to the respective teat cup (see paragraph 0046, lines 1-15); a plurality of vacuum pressure sensors (pressure sensor 30a, see Figs. 1 and 3), each vacuum pressure sensor associated with one of the teat cups and configured to measure vacuum pressure level (milking and pulsation vacuum levels; see paragraph 0032, line 14) prevailing in the associated teat cup under one of the teats during the milking session (see paragraph 0032, lines 12-19); a processing device (control unit 29, see Figs. 1 and 3) communicatively connected to the vacuum adjustment arrangements, and the vacuum pressure sensors (see paragraph 0032, lines 4-9), wherein the processing device is configured to: generate a respective command to each vacuum adjustment arrangement, to set the inlet vacuum pressure level provided by the respective one of the milk evacuation tubes to an inlet milking vacuum pressure level (desired individual vacuum level) and provide the inlet vacuum pressure level to the associated teat cup (see paragraph 0033, lines 6-9 and paragraph 0036, lines 6-8); obtain, repeatedly during the milking session, a measurement of the vacuum pressure level prevailing in the associated teat cup under one of the teats from the vacuum pressure sensor of the associated teat cup (see paragraph 0032, lines 9-12); compare, repeatedly during the milking session (400), the obtained respective measurement of the vacuum pressure level (P2a, P2b, P2c, P2d) with a desired milking vacuum pressure level (desired level; see paragraph 0054, line 14) (see paragraph 0054, lines 6-13); calculate, repeatedly during the milking session, an adjustment of the inlet vacuum pressure level to be provided by each respective vacuum adjustment arrangements to the associated teat cup in order to achieve the desired milking vacuum pressure level in the associated teat cup, based on the made comparison (see paragraph 0054, lines 6-15); and generate, repeatedly during the milking session, a respective command to each vacuum adjustment arrangement, to adjust the inlet vacuum pressure level according to the respectively calculated adjustment, thereby achieving the desired milking vacuum pressure level at each respective associated teat cup, as measured by the respective vacuum pressure sensor under each of the teats of the milking session (see paragraph 0033, lines 6-9 and paragraph 0046, lines 11-15). Though Sandberg discloses adjusting the inlet vacuum pressure level to achieve the desired milking vacuum pressure level at each respective associated teat cup; Sandberg fails to specifically disclose performing the adjustment independently of an identity of the animal. Uziel discloses a milking system (portable milking apparatus 100, see Fig. 2), comprising: performing an inlet vacuum pressure level (suction force level; see paragraph 0039, line 8) adjustment independently of an identity of the animal (type of animal) (see paragraph 0039, lines 6-10). Sandberg and Uziel are analogous art because they are from the same field of endeavor which is automatic animal milking. At the time of invention it would have been obvious to one of ordinary skill in the art to modify Sandberg’s invention with Uziel’s in order to make vacuum level adjustments for different teats, since doing so would make it possible to make the adjustments without knowing what type of animal is attached. As to claim 2 Sandberg discloses the milking system according to claim 1, wherein the processing device is configured to: generate, repeatedly during the milking session, the command to adjust the inlet vacuum pressure level in order to achieve the desired milking vacuum pressure level substantially constant at each respective associated teat cup, as measured by the respective vacuum pressure sensor under each of the teats during at least a majority time of the milking session (see paragraph 0033, lines 6-9 and paragraph 0046, lines 11-15). As to claim 3 Sandberg discloses the milking system according to claim 1, wherein the processing device is configured to: estimate a difference between a highest measurement and a lowest measurement, respectively, of the vacuum pressure level in one of the teat cups, as measured by the vacuum pressure sensor during a time period; and in case the estimated difference is smaller than a threshold limit: set, temporarily, the desired milking vacuum pressure level to a high flow milking vacuum pressure level for the teat cup (see paragraph 0049, lines 1-9). As to claim 4 Sandberg discloses the milking system according to claim 1, wherein the processing device is configured to repeatedly during the milking session: generate a respective command to the vacuum adjustment arrangement associated with each teat cup attached to the respective teat, to either increase the inlet vacuum pressure level to be provided to the teat cup with the adjustment when the latest obtained vacuum pressure level under the teat, obtained from the vacuum pressure sensor is lower than the desired milking vacuum pressure level under the teat; or decrease the inlet vacuum pressure level to be provided to the teat cup with the adjustment when the latest obtained vacuum pressure level under the teat, obtained from the vacuum pressure sensor exceeds the desired milking vacuum pressure level under the teat (see paragraph 0033, lines 6-9; paragraph 0046, lines 11-15; and paragraph 0049, lines 1-9). As to claim 5 Sandberg discloses the milking system according to claim 4, wherein the size of the adjustment is proportional to a difference between the latest obtained vacuum pressure level and the previously obtained vacuum pressure level, as measured by and obtained from the respective vacuum pressure sensor (see paragraph 0054, lines 1-15). As to claim 6 Sandberg discloses the milking system according to claim 1, wherein the processing device is configured to: generate a respective command to at least one vacuum adjustment arrangement, to decrease the inlet vacuum pressure level provided by the respective one of the milk evacuation tubes at the corresponding teat cup when the milking session is estimated to approach ending (see paragraph 0033, lines 6-9; paragraph 0046, lines 11-15; and paragraph 0049, lines 1-9). As to claim 7 Sandberg discloses the milking system according to claim 1, wherein the vacuum adjustment arrangements comprises a respective vacuum regulator (vacuum regulator 25, see Fig. 1) and a valve device (valve 31, see Fig. 2) located in the respective one of the milk evacuation tubes (see Figs. 1 and 3). As to claim 8 Sandberg discloses the milking system according to claim 1, wherein the vacuum adjustment arrangements comprises an operable valve having a passage which is adjustable, and wherein the valve is arranged in the milk evacuation tube (120a, 120b, 120c, 120d) and the milk extracted during the milk session passes the passage (see paragraph 0034, lines 1-11). As to claim 9 Sandberg discloses the milking system according to claim 1, wherein the processing device is configured to: detect that the teat cups are to be attached on to the teats of the animal; generate a respective command to each vacuum adjustment arrangement, to set the inlet vacuum pressure level to an inlet attachment vacuum pressure level and provide the inlet vacuum pressure level to the associated teat cup in association with teat cup attachment, wherein the inlet attachment vacuum pressure level represents less under-pressure than the inlet milking vacuum pressure level (see paragraph 0027, lines 2-8; paragraph 0033, lines 6-9; and paragraph 0046, lines 11-15). As to claim 10 Sandberg discloses the milking system according to claim 1, wherein a maximum allowed vacuum pressure level allowed to prevail in any of the teat cups under any of the teats, as measured by the vacuum pressure sensor is within an interval of 35- 55 kPa (see paragraph 0044, lines 5-13). As to claim 11 Sandberg discloses the milking system according to claim 1, wherein the vacuum pressure sensor is configured to measure the vacuum pressure level prevailing at each teat cup under the respective teat with substantially 10-1000 measurements per second (see paragraph 0044, lines 5-13). As to claim 12 Sandberg discloses the milking system according to claim 1, wherein the processing device is configured to: calculate a rolling average of vacuum pressure levels prevailing at each teat cup under the respective teat, based on a predetermined number of latest vacuum pressure levels obtained from the respectively associated vacuum pressure sensor; and wherein the comparison with the desired milking vacuum pressure level is made with the calculated rolling average of vacuum pressure levels (see paragraph 0033, lines 6-9). As to claim 13 Sandberg discloses the milking system according to claim 1, wherein the system vacuum pressure generated by the vacuum pump, prevailing in the milk tank is maintained substantially constant during the majority time of the milking session (see paragraph 0044, lines 5-13). As to claim 14 Sandberg discloses the milking system according to claim 1, wherein the vacuum pressure sensor is configured to measure the vacuum pressure level prevailing at each teat cup under the respective teat with 100-1000 measurements per second (see paragraph 0044, lines 5-13). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael J. Brown whose telephone number is (571)272-5932. The examiner can normally be reached Monday-Thursday from 5:30am-4:00pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini Shah can be reached at (571)272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Michael J Brown/ Primary Examiner, Art Unit 2115
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Prosecution Timeline

Dec 05, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
97%
With Interview (+9.0%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1046 resolved cases by this examiner. Grant probability derived from career allowance rate.

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