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.
Claims 1, 4, 7, 9, 14, 16, and 19-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krone (DE 102007009606 A1).
Regarding claim 1, Krone discloses a milking device, comprising:
a frame (milking parlor 1; Fig. 1a);
a teat cup carrier connected pivotally to the frame (turning means 11, 12; Fig. 1b);
a number of receiving elements arranged in or on the teat cup carrier and configured to receive teat cups (Figs. 2a and 2b show opening segment 15 is arranged in turning means 11 and 12, and receives teat cups 4 and 8 within) to which milk hoses are connectable for the purpose of discharging milk (milk tubes 6, 8; Fig. 1c),
a guide for moving the teat cups and/or milk hoses in a straight line and pivoting the teat cup carriers relative to the frame (turning means 11, 12, opening segment 15; Figs. 1a-1c, 2a, and 2b show that turning means 11 and 12 are guides and are configured to turn to expose openings for moving the teat cups in a straight line; ¶ 0057, lines 2 and 3, “This opening is achieved by the lifting cylinder 30 extending a piston or a rod 33 and thus causing a pivoting movement of the rotating device 11 about the rotation axis D;” ¶ 0066, “Simultaneously with this rotation of the rotating devices 11 and 12, the two teat cup lifting devices 7 and 9 are also aligned such that the teat cups 4 and 8 can be lifted through the openings, as shown in Fig. 1c;”); and
a cylinder comprising a teat cup end and a guide end, wherein the teat cup end is connected operatively to the teat cup carrier, and wherein the guide end of the cylinder is arranged in, on or at the guide (teat cup lifting devices 7, 9; Figs. 1a-1c show teat cups 4 and 8 are arranged at one end of lifting devices 7 and 9, and arranged at linkage 31 of lifting cylinder 30),
wherein the milking device comprises a rest state and a milking state and is displaceable from the rest state to the milking state by the cylinder (Fig. 1a shows a rest state and Fig. 1c shows a milking state with teat cups displaced above surface 2).
Regarding claim 4, Krone the device of claim 1.
Krone discloses wherein the first guide part is positioned above a second guide part in use (teat cup lifting devices 7, 9; Figs. 1a-1c show teat cup lifting devices 7 and 9 are second guide parts for moving teat cups 4 and 8, and are located below rotating devices 11 and 12).
Regarding claim 7, Krone discloses the device of claim 1.
Krone discloses further comprising a pivot shaft arranged between the frame and the teat cup carrier and situated under a ground surface for supporting the animal for milking, and wherein the teat cup carrier is positioned above the pivot shaft in use (lifting cylinder 30; Figs. 1a-1c show lifting cylinder below surface 2 and above teat cups 4 and 8 in deployed state; ¶ 0057, lines 2 and 3).
Regarding claim 9, Krone discloses the device of claim 1.
Krone discloses wherein the guide comprises at a first position a recess for allowing clearance of the guide end of the cylinder (Figs. 2a and 2b show opening segment 15 of turning means 11 is a recess that provides clearance for the guide end of the cylinder and milk cups 4 and 8).
Regarding claim 14, Krone discloses the device of claim 1.
Krone discloses further comprising a number of milk hose guides for guiding the milk hoses, wherein the milk hose guides are positioned vertically under the receiving elements (rollers 34; Fig. 1b; ¶ 0059, line 1).
Regarding claim 16, Krone discloses the device of claim 1.
Krone discloses further comprising a flushing device, wherein the teat cups are directed toward or at the flushing device in the rest state (Fig. 1b; ¶ 0081, line 6, “Flushing devices 21 are arranged on an underside 2a of the floor surface 2”).
Regarding claim 19, Krone discloses a milking parlour provided with a milking device, comprising:
a frame (milking parlor 1; Fig. 1a);
a teat cup carrier connected pivotally to the frame (turning means 11, 12; Fig. 1b);
a number of receiving elements arranged in or on the teat cup carrier and configured to receive teat cups (Figs. 2a and 2b show opening segment 15 is arranged in turning means 11 and 12, and receives teat cups 4 and 8 within) to which milk hoses are connectable for the purpose of discharging milk (milk tubes 6, 8; Fig. 1c),
a guide for moving the teat cups and/or milk hoses in a straight line and pivoting the teat cup carriers relative to the frame (turning means 11, 12, opening segment 15; Figs. 1a-1c, 2a, and 2b show that turning means 11 and 12 are guides and are configured to turn to expose openings for moving the teat cups in a straight line; ¶ 0057, lines 2 and 3; ¶ 0066); and
a cylinder comprising a teat cup end and a guide end, wherein the teat cup end is connected operatively to the teat cup carrier, and wherein the guide end of the cylinder is arranged in, on or at the guide (teat cup lifting devices 7, 9; Figs. 1a-1c show teat cups 4 and 8 are arranged at one end of lifting devices 7 and 9, and arranged at linkage 31 of lifting cylinder 30),
wherein the milking device comprises a rest state and a milking state and is displaceable from the rest state to the milking state by the cylinder (Fig. 1a shows a rest state and Fig. 1c shows a milking state with teat cups displaced above surface 2).
Regarding claim 20, Krone discloses a method for milking an animal comprising of: providing a milking device, comprising:
a frame (milking parlor 1; Fig. 1a);
a teat cup carrier connected pivotally to the frame (turning means 11, 12; Fig. 1b);
a number of receiving elements arranged in or on the teat cup carrier and configured to receive teat cups (Figs. 2a and 2b show opening segment 15 is arranged in turning means 11 and 12, and receives teat cups 4 and 8 within) to which milk hoses are connectable for the purpose of discharging milk (milk tubes 6, 8; Fig. 1c),
a guide for moving the teat cups and/or milk hoses in a straight line and pivoting the teat cup carriers relative to the frame (turning means 11, 12, opening segment 15; Figs. 1a-1c, 2a, and 2b show that turning means 11 and 12 are guides and are configured to turn to expose openings for moving the teat cups in a straight line; ¶ 0057, lines 2 and 3; ¶ 0066); and
a cylinder comprising a teat cup end and a guide end, wherein the teat cup end is connected operatively to the teat cup carrier, and wherein the guide end of the cylinder is arranged in, on or at the guide (teat cup lifting devices 7, 9; Figs. 1a-1c show teat cups 4 and 8 are arranged at one end of lifting devices 7 and 9, and arranged at linkage 31 of lifting cylinder 30),
wherein the milking device comprises a rest state and a milking state and is displaceable from the rest state to the milking state by the cylinder, wherein the milking device is in the rest state (Fig. 1a shows a rest state and Fig. 1c shows a milking state with teat cups displaced above surface 2);
moving the guide end of the cylinder through the second guide part so that the teat cup carrier is pivoted relative to the frame (teat cup lifting devices 7, 9, lifting cylinder 30; Figs. 1a-1c; ¶ 0057, lines 2 and 3; ¶ 0066);
moving the guide end of the cylinder through the first guide part so that the cylinder releases the teat cups and/or milk hoses, wherein the milking device is moved into the milking state (teat cup lifting devices 7, 9, lifting cylinder 30; Figs. 1a-1c; ¶ 0057, lines 2 and 3; ¶ 0066; ¶ 0076 “Starting from the situation shown in Fig. 1d, the teat cups can be attached to the udder [not shown]. During milking, the hoses can move freely in the slots 23, 24 along the animal to be milked. In this way, it is achieved that essentially no leverage forces are exerted on the teats by the tubes, which could lead to the teat cups falling off”)
arranging the teat cups on teats of the animal for milking (¶ 0076); and
milking the animal for milking (¶ 0076).
Regarding claim 21, Krone discloses the method of claim 20.
Krone discloses further comprising:
releasing a vacuum from the teat cups (¶ 0004, line 4, “The central teat chamber is connected to a milk line and is placed under a certain vacuum;” ¶ 0006, “The pulsation causes the teat rubber in the teat cup to open and close periodically, promoting milk flow and periodically relieving pressure on the teat;” ¶ 0077, “At the end of milking, when the milk flow decreases, the teat cups are removed from the teats and returned to the position shown in Fig. 1d. This preferably happens so quickly that the teat cups 4, 8 do not touch the bottom surface 2, which is supported by the certain stiffness of the milk tubes”);
moving the guide end of the cylinder through the first guide part for the purpose of taking back the milk hoses, whereby the teat cups are removed from the teats of the animal for milking (teat cup lifting devices 7, 9, lifting cylinder 30; Figs. 1a-1c; ¶ 0057, lines 2 and 3; ¶ 0066; ¶ 0076; ¶ 0077); and
moving the guide end of the cylinder through the second guide part so that the teat cup carrier is pivoted relative to the frame, wherein the milking device is moved into the rest state (teat cup lifting devices 7, 9, lifting cylinder 30; Figs. 1a-1c; ¶ 0057, lines 2 and 3; ¶ 0066; ¶ 0076; ¶ 0077; Fig. 1a shows a rest state).
Claim Rejections - 35 USC § 103
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Krone (DE 102007009606 A1), as applied to claim 1.
Regarding claim 13, Krone discloses the device of claim 1, however, Krone fails to specifically disclose wherein the guide angle lies in the range of 5°-45°. However, it would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to provide the guide with a guide angle that lies in the range of 5°-45° in order to provide the teat cups and milk hoses with a suitable range of motion along their paths of travel. Additionally, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Claims 2, 3, 5, 6, 8, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Krone (DE 102007009606 A1), as applied to claim 1, and further in view of Regelink (WO 2009123436 A2).
Regarding claim 2, Krone discloses the device of claim 1, however, Krone fails to specifically disclose wherein the guide comprises a first guide part for moving the teat cups and/or milk hoses vertically, a second guide part for pivoting the teat cup carrier relative to the frame, and a connecting part for connecting the first guide part to the second guide part
Regelink is in the field of milking devices and teaches wherein the guide comprises a first guide part for moving the teat cups and/or milk hoses vertically, a second guide part for pivoting the teat cup carrier relative to the frame, and a connecting part for connecting the first guide part to the second guide part (grove 28; Figs. 6a-6c show that groove 28 has a vertical component that facilitates vertical movement of milking cup 4, as well as a horizontal component that facilitates horizontal movement of the milking cup 4, both of which allow for pivoting relative to the frame, and both vertical and horizontal groove components are connected).
Therefore, it would have been obvious to one of ordinary skill in the art of milking devices before the effective filing date of the claimed invention to modify the device of Krone such that the guide comprises a first guide part for moving the teat cups and/or milk hoses vertically, a second guide part for pivoting the teat cup carrier relative to the frame, and a connecting part for connecting the first guide part to the second guide part, as taught by the guide of Regelink. The grove would provide the teat cups and milk hoses with a greater range of motion, which would improve the adaptability of the device. The modification would have a reasonable expectation of success.
Regarding claim 3, Krone in view of Regelink discloses the device of claim 2.
Krone discloses wherein the cylinder comprises milk hose co displacing elements for co-displacing the milk hoses during movement through the first guide part (rollers 34; Fig. 1b; ¶ 0059, line 1, “The reference numeral 34 refers to deflection rollers for the milking hoses”).
Regarding claim 5, Krone discloses the device of claim 4, however, Krone fails to specifically disclose wherein the first guide part has a directional component in a vertical direction, wherein the second guide part has a directional component in a horizontal direction, and wherein the connecting part comprises a curved guide part.
Regelink teaches wherein the first guide part has a directional component in a vertical direction, wherein the second guide part has a directional component in a horizontal direction, and wherein the connecting part comprises a curved guide part (grove 28; Figs. 6a-6c show that curved groove 28 has a vertical component that facilitates vertical movement of milking cup 4, as well as a horizontal component that facilitates horizontal movement of the milking cup 4, both of which allow for pivoting relative to the frame, and both vertical and horizontal groove components are connected).
Therefore, it would have been obvious to one of ordinary skill in the art of milking devices before the effective filing date of the claimed invention to modify the device of Krone such that the first guide part has a directional component in a vertical direction, wherein the second guide part has a directional component in a horizontal direction, and wherein the connecting part comprises a curved guide part, as taught by the guide of Regelink. The grove would provide the teat cups and milk hoses with a greater range of motion, which would improve the adaptability of the device. The modification would have a reasonable expectation of success.
Regarding claim 6, Krone in view of Regelink discloses the device of claim 5 including a curved groove (Regelink; groove 28), however, the modified reference fails to specifically disclose wherein the curvature of the connecting part between the first and second guide part lies between 20°-150°. However, it would have been obvious to one having ordinary skill in the art at the earliest effective filing date of the invention to provide the groove with a curvature of the connecting part between the first and second guide part lies between 20°-150° in order to provide the teat cups and milk hoses with a suitable range of motion along their paths of travel. Additionally, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Regarding claim 8, Krone in view of Regelink discloses the device of claim 6.
Krone discloses wherein the teat cups are positioned under the ground surface in the rest state and are positioned at least partially above the ground surface in the milking state, wherein the milking device can be moved from the rest state to the milking state by means of a tilting movement over the pivot shaft (¶ 0057, lines 2 and 3; ¶ 0066; Fig. 1a shows a rest state and Fig. 1c shows a milking state with teat cups displaced above surface 2).
Regarding claim 12, Krone discloses the device of claim 1, however, Krone fails to specifically disclose wherein the first guide part is arranged at a guide angle to a vertical plane.
Regelink teaches wherein the first guide part is arranged at a guide angle to a vertical plane (grove 28; Figs. 6a-6c show that curved groove 28 is arranged at an angle to a vertical plane).
Therefore, it would have been obvious to one of ordinary skill in the art of milking devices before the effective filing date of the claimed invention to modify the device of Krone such that the first guide part is arranged at a guide angle to a vertical plane, as taught by the guide of Regelink. The grove would provide the teat cups and milk hoses with a greater range of motion, which would improve the adaptability of the device. The modification would have a reasonable expectation of success.
Claims 10, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Krone (DE 102007009606 A1), as applied to claim 1, and further in view of Dessing (EP 1447002 A1).
Regarding claim 10, Krone discloses the device of claim 7, however, Krone fails to specifically disclose a balancing element which is operatively connected to the pivot shaft.
Dessing is in the field of milking devices and teaches a balancing element which is operatively connected to the pivot shaft (counterweight 4; Fig. 1; ¶ 0018, lines 18-23, “a counterweight 4 is arranged in the sleeve 3, the counterweight being connected, by means of a belt [not shown] and via a diverting roll, to the carriage 6. This allows displacement in the vertical direction without difficulty, while the influence of friction means that the height is constant in the absence of any load”).
Therefore, it would have been obvious to one of ordinary skill in the art of milking devices before the effective filing date of the claimed invention to modify the device of Krone to include a balancing element which is operatively connected to the pivot shaft, as taught by the counterweight of Dessing. The counterweight would provide the device with more overall stability. The modification would have a reasonable expectation of success.
Regarding claim 11, Krone in view of Dessing discloses the device of claim 10, and furthermore, the modified reference teaches wherein the balancing element comprises a counterweight (Dessing; counterweight 4; Fig. 1; ¶ 0018, lines 18-23).
Regarding claim 15, Krone discloses the device of claim 1, however, Krone fails to specifically disclose wherein at least one of the number of receiving elements is provided with sensors for determining the position of the teat cup.
Dessing teaches wherein at least one of the number of receiving elements is provided with sensors for determining the position of the teat cup (¶ 0025, lines 1-5, “A sensor which can detect whether there is a teat in the milking cup 13 is installed in the milking cup 13. A sensor of this type is known and operates, for example, on the basis of a change in the capacitance of a capacitor plate fitted around a teat opening”).
Therefore, it would have been obvious to one of ordinary skill in the art of milking devices before the effective filing date of the claimed invention to modify the device of Krone such that at least one of the number of receiving elements is provided with sensors for determining the position of the teat cup, as taught by the sensors of Dessing. The sensors would give the user more visibility over the operation of the system, leading to improved operation. The modification would have a reasonable expectation of success.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Krone (DE 102007009606 A1), as applied to claim 16, and further in view of Bucker (GB 2083590 A).
Regarding claim 17, Krone discloses the device of claim 16, however, Krone fails to specifically disclose wherein the flushing device comprises a spring element for biasing the flushing device in the direction of the teat cup carrier, and wherein the flushing device has a number of flushing outlets positioned at an angle to a flushing plane of the flushing device.
Bucker is in the field of milk device cleaning and teaches wherein the flushing device comprises a spring element for biasing the flushing device in the direction of the teat cup carrier, and wherein the flushing device has a number of flushing outlets positioned at an angle to a flushing plane of the flushing device (Fig. 3; Abstract, “The injection chamber is mounted within a vessel and can receive either acid or alkaline cleaning liquid from respective storage vessels and subsequently discharge the cleaning liquid into the vessel there to be mixed with water and to be fed to a ring pipe to flush out the milk passages of a milking installation. A cover [8] [shown upside down] of the injection chamber has two connections [22,23] connected to respective ones of the storage vessels with ports of the connections closed by valve members [e.g 30] biased to closed positions by the limbs [37,38] of a spring [32]”).
Therefore, it would have been obvious to one of ordinary skill in the art of milking devices before the effective filing date of the claimed invention to modify the device of Krone such that the flushing device comprises a spring element for biasing the flushing device in the direction of the teat cup carrier, and wherein the flushing device has a number of flushing outlets positioned at an angle to a flushing plane of the flushing device, as taught by the spring and flushing mechanism of Bucker. The spring would allow for more control over the entry and exit of fluids, leading to improved flushing operation. The modification would have a reasonable expectation of success.
Response to Arguments
Applicant’s arguments filed 08/22/2025 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
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Van der Lely et al., US 4805559 A, discusses an implement for milking animals.
Van der Berg et al., US 20100186676 A1, discusses a milking implement.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/S.T.C./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642