DETAILED ACTION
Claims 1-8 are pending and hereby under examination.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“temperature measurement circuit” first recited in claim 1;
“determination circuit” first recited in claim 1; and
“output circuit” first recited in claim 1.
The identified structure for the corresponding claim limitations are as follows:
“temperature measurement circuit” is identified as “The determination circuit 240 or 340 may generate a second determination value for the measurement of the electrical conductivity of the medium by compensating the first determination value based on the temperature measured by the temperature sensor” (Paragraph 0124) and “In the embodiments of FIGS. 2 to 9, the known temperature sensors 250 and 350 may be added and used in various manners” (Paragraph 0192).
“determination circuit” is identified as “The determination circuit 240 may receive the first channel output signal Ch1_out and the second channel output signal Ch2_out and measure the electrical conductivity of the medium. Furthermore, the determination circuit 240 may determine whether a domestic animal is estrous based on the electrical conductivity of the medium and the temperature of the medium measured by the temperature measurement circuit 250.
A logic condition or algorithm by which the determination circuit 240 determines whether a domestic animal is estrous based on the electrical conductivity of a medium (body fluid/mucus within the body/vagina of a domestic animal/a cow) and the temperature within the medium is covered in detail by prior arts” (Paragraphs 0095-0096).
“Each of the determination circuits 240 and 340 may obtain a first determination value for the measurement of the electrical conductivity of the medium before the compensation of temperature. The determination circuit 240 or 340 may generate a second determination value for the measurement of the electrical conductivity of the medium by compensating the first determination value based on the temperature measured by the temperature sensor. In this case, although the first and second determination values are introduced for convenience of description, each channel sensing signal before being received by the determination circuit 240 or 340 may be compensated in the output circuit 430 or 530 and then provided to the determination circuit 240 or 340. In this case, each of the output circuits 430 and 530 may generate a second measured value by applying determination criteria, based on the temperature measured by the temperature sensor, to a first measured value before compensation. Since it is known that the electrical conductivity of the medium is influenced by temperature and thus the measured value thereof varies, a second measured value or second determination value for the temperature-compensated electrical conductivity of the medium may be generated by applying temperature-based electrical conductivity determination criteria to the first measurement value or first determination value before temperature compensation in the output circuit 430 or 530 and/or the determination circuit 240 or 340” (Paragraph 0124).
“output circuit” is identified as “an output circuit 430 configured to receive the first channel sensing signal via the first channel interface circuit 420, receive the second channel sensing signal via the second channel interface circuit 422, and generate a first channel output signal Ch1_out and a second channel output signal Ch2_out.
In this case, the output circuit 430 generates first channel sensing information based on the first sensing resonance frequency w1 using the first channel sensing signal, generates second channel sensing information based on the second sensing resonance frequency w2 using the second channel sensing signal, outputs the first channel output signal Ch1_out based on the first channel sensing information, and outputs the second channel output signal Ch2_out based on the second channel sensing information” (Paragraphs 0112-0113).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claims are directed towards determining estrous in a domestic animal based on electrical conductivity and temperature measured via a sensor implanted into the body of a domestic animal. However, the written description fails to convey how that determination is made.
In specification paragraph 0096, Applicant states “A logic condition or algorithm by which the determination circuit 240 determines whether a domestic animal is estrous based on the electrical conductivity of a medium (body fluid/mucus within the body/vagina of a domestic animal/a cow) and the temperature within the medium is covered in detail by prior arts … The configurations disclosed in the above prior art document, i.e., the configuration for determining whether a domestic animal is estrous based on electrical conductivity and temperature, the configuration for improving the accuracy of determination of the estrus of a domestic animal based on electrical conductivity and temperature measurement data through supervised learning using an artificial neural network, etc. may be incorporated into the configurations of the present invention to the extent that they meet the purpose of the present invention”. While Applicant may disclose how other determinations are made, it is unclear how the Applicant in the instant application determines estrous. How is estrous determined based on the electrical conductivity and temperature? Is there an algorithm or equation that uses these two values as an input from the data received from the estrous sensor? Is a comparison made, or are there weights given, with the two values?
Applicant’s specification paragraph 0159 appears to be one instance of using the data for a determination. The paragraph states “When the sensing value of each channel is equal to or larger than the first threshold, the electrical characteristic, such as the electrical conductivity, of the medium may be determined to have a valid meaning different from that of an initialized state. In this case, whether the electrical conductivity has changed sufficiently to determine whether a domestic animal is estrous may be considered for a criterion for setting the first threshold”. However, the threshold or “sufficient” change is only considered as a criterion for determining estrous. This method does not include or account for the temperature measurement. This method does not describe to one of ordinary skill in the art how a threshold applied to the change in electrical conductivity determines estrous in a domestic animal.
While essential subject matter may be incorporated by reference into the specification, an incorporation by reference of essential material to an unpublished U.S. patent application, a foreign application or patent, or to a publication is improper.
As such, the specification does not appear to reasonably convey to one of ordinary skill in the art the limitation: “determine whether the domestic animal is estrous based on the electrical conductivity of the body fluid of the domestic animal and the temperature within the body of the domestic animal” and “determine whether the domestic animal is estrous based on the third determination value and the temperature within the body of the domestic animal”.
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 1-8 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.
Regarding claims 1, 3-5, and 8, the claims are directed towards determining whether a domestic animal is estrous. However, there is no recitation of how that determination is made. For example, claims 1, 4, 5, and 8 recite “determine whether the domestic animal is estrous based on the electrical conductivity of the body fluid of the domestic animal and the temperature within the body of the domestic animal”. Similarly, claim 3 recites that the estrous determination is made “based on the third determination value and the temperature within the body of the domestic animal”. How are these values used to determine if a domestic animal is estrous? Is there a comparison to a baseline, a threshold, or some other technique, algorithm, or equation used to determine estrous? For examination purposes, a determination of whether a domestic animal is estrous or not will require the method to include electrical conductivity and temperature in said determination. For claim 3, a third determination value will also be required to determine estrous.
Additionally, claim 1 recites two determination steps for determining whether the domestic animal is estrous (lines 19 and 35). The determination step on line 19 does not include any step of input for determination or recite that the determination is based on any measurement. Thus, the metes and bounds of the claim cannot be determined of how this determination is made. Additionally, it is unclear if there are two determination steps performed by the determination circuit or only one. For examination purposes, only one determination step and one output step will be required. The determination of whether the domestic animal is estrous will be interpreted as recited in lines 35-37. Examiner suggests combining the “output circuit configured to:” starting on line 9 and “output circuit is further configured to:” starting on line 20 into one section. The Examiner further suggests combining the “determination circuit configured to:” on line 15 and the “determining circuit is further configured to:” starting on line 32 into one section. The combinations would clarify that the steps identified above are performed only once. Claims 2 and 6-7 are also rejected due to their dependence on claims 1 and 5.
Regarding claim 1, the generate step on line 12 provides no limitations as to how the first channel output signal is “generated”. Is the first channel output signal the same as or different than the first channel sensing signal? Is there a process performed on the first channel sensing signal to turn it into the first channel output signal? For examination purposes, the limitation will be interpreted such that the first channel output signal and the first channel sensing signal are the same signal.
Regarding claims 1 and 4, it is unclear what the structure of the “first channel interface circuit” is. It appears to be receiving data and then transmitting the data to the output circuit, without any processing, filtering, or manipulation of the data. Per Applicant’s specification paragraph 0144, the first channel interface circuit “may be a first channel sensing terminal connected to the first electrode 212, the first sensing resonance circuit 410, or the first oscillator circuit 410a, may be a first channel sensing port including a first channel sensing terminal and also including another electric terminal connected to a common ground wire from the first sensing resonance circuit 410, or may be implemented to include an analog or digital buffer circuit connected to a first channel sensing terminal and/or a first channel sensing port”. For examination purposes, this limitation will be interpreted such that a signal is transferred from the electrode to another circuit or element for processing.
Regarding claims 1-2, 4-6, and 8, it is unclear what the step of “using a process of processing” is claiming. For example, in claim 1, is there a separate step of processing that is different than the “generating a first channel sensing intermediate signal having a first channel differential sensing frequency, which is a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency”? That is, is there another step occurring after taking the difference between the two values? For examination purposes, the claim will be interpreted such that the step of generating and “using a process of processing” is performed by taking a difference between the two claimed values.
Regarding claim 5, the claim is directed towards a method of determining estrus of a domestic animal. On line 8, the claim recites detecting a temperature; however, there is no structure tied to this step. Is there a thermometer or equivalent that detects the temperature within the estrous sensor? For examination purposes, the limitation will be interpreted such that a temperature sensor or equivalent detects temperature within the body of the domestic animal.
Additionally, there is no structure recited throughout the rest of the claim. On line 4, the first channel sensing signal is received from a first sensing resonance circuit connected to a first electrode. What receives the sensing signal from the resonance circuit? Where is the rest of the data processed? For examination purposes, the sensor will be interpreted to have a processor, circuit, or an equivalent structure that performs these steps. Claims 6-7 are also rejected due to their dependence on claim 5.
Regarding claim 8, the claim is directed towards a method similar to claim 5 as described above; however, there is only one recitation of a structural element (see lines 19-20 with regard to a determination circuit). Does the determination circuit perform all of these steps, or is there another structural element? For examination purposes, the claim will be interpreted such that the determination circuit performs these steps.
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.
Claims 1, 3-5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Morais et. al. (“Concept study of an implantable microsystem for electrical resistance and temperature measurements in dairy cows, suitable for estrus detection”), hereinafter Morais.
Regarding claim 1, Morais disclose an estrous sensor that is implanted into a body of a domestic animal and detects estrus of the domestic animal (Fig. 1, implantable capsule), the estrous sensor comprising:
a first channel interface circuit configured to receive a first channel sensing signal having a first sensing resonance frequency from a first sensing resonance circuit (Fig. 2, “Measurement Block” receiving signals from “Excitation Block” through electrodes A and B, through electrodes M and N, and then through to the “Measurement Block”; Page 355, last paragraph to Page 356, paragraph 1, wherein the excitation block generates an AC current at a RF frequency flowing through and sensed by the outer and inner electrodes A/B and M/N; Examiner notes that, as described above, the “first channel interface circuit” is interpreted to be a channel terminal connected to the electrode. Thus, Morais discloses this limitation by having an electrode M that receives the signal and sends the signal to the “Measurement Block”) connected to a first electrode in contact with body fluid of the domestic animal within the body of the domestic animal (Fig. 1, electrodes A, B, M, N of implantable capsule; Section “2. System overview”, paragraph 1, the device located in the cow collar);
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a temperature measurement circuit configured to detect temperature within the body of the domestic animal (Fig. 1, strip thermally connected to a temperature sensor; Fig. 2, temp sensor; Page 355, Section “2. System overview”, paragraph 2, “Temperature variations are detected by using a precision temperature sensor, thermally connected to a metal strip outside the capsule (fifth strip in Fig. 1)”); and
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an output circuit configured to:
receive the first channel sensing signal via the first channel interface circuit (Fig. 2, wherein the “Measurement Block” receives the signal data); and
generate a first channel sensing intermediate signal having a first channel differential sensing frequency, which is a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency, by using a process of processing the first channel sensing signal;
generate first channel sensing information based on the first channel differential sensing frequency;
output the first channel output signal having a magnitude corresponding to electrical conductivity of the body fluid of the domestic animal based on the first channel sensing information (Pages 356-357 under “4. Measurement methods”, wherein impedance is measured by injecting a small alternating current of constant amplitude at a fixed frequency through the tissue using two electrodes, and the measured voltage drop, amplitude, and phase shift determines the tissue impedance;
Examiner notes that by supplying the current and measuring the voltage, amplitude, and phase change across the electrodes, Morais discloses the limitation of “a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency. Morais further discloses “generating first channel sensing information based on the first channel differential sensing frequency” by measuring the impedance/electrical conductivity based on the current, voltage, amplitude, and phase change differences.
While Morais does not explicitly disclose outputting the signal, Morais discloses transferring collected data to a laptop computer for posterior analysis (Page 359, paragraph 1). One of ordinary skill would recognize that in order to show the result of the method, the result would be output to a user, e.g., through the laptop computer); and
a determination circuit configured to:
receive the first channel output signal; receive the temperature within the body of the domestic animal from the temperature measurement circuit (Fig. 2, “Measurement Block” with input from electrodes M/N and temperature sensor);
detect the electrical conductivity of the body fluid of the domestic animal by the first channel output signal (Pages 356-357, under “4. Measurement methods” wherein impedance is measured by injecting a small alternating current of constant amplitude at a fixed frequency through the tissue using two electrodes, and the measured voltage drop, amplitude, and phase shift determines the tissue impedance); and
determine whether the domestic animal is estrous based on the electrical conductivity of the body fluid of the domestic animal and the temperature within the body of the domestic animal (Pages 354-355, “1. Introduction”, wherein the combination of temperature and electrical resistance are combined to predict estrus; Page 359, “7. Conclusions”, paragraph 1, “The preliminary results suggests that the proposed implantable microsystem for vulvar ER and body temperature measurements can fulfill the requirements of a low-cost autonomous system to help estrus prediction in herd management”; Page 360, paragraph 3, “The key of the proposed measurement method is the correlation of the ER and temperature variation, which have been used separately to predict estrus, each one with a reasonable specificity”).
Regarding claim 3, Morais further discloses wherein the output circuit is further configured to:
generate first channel sensing additional information corresponding to an amplitude of the first channel sensing signal (Page 356, section 4.2, paragraph 1, wherein the voltage drop is measured in part by the amplitude of the signal); and
output a first channel additional output signal having a magnitude corresponding to the electrical conductivity of the body fluid of the domestic animal based on the first channel sensing additional information (Page 356, section 4.2, paragraph 1, wherein the amplitude is measured between the injected current and the measured voltage to calculate the value of the impedance), and wherein the determination circuit is further configured to:
cross-verify a first determination value corresponding to the electrical conductivity of the body fluid of the domestic animal detected by the first channel output signal by using a second determination value corresponding to the electrical conductivity of the body fluid of the domestic animal detected by the first channel additional output signal (Page 356, section 4.2, paragraph 1, wherein the phase shift is also measured between the injected current and the measured voltage to determine the impedance; Examiner notes that Morais discloses the “cross-verifying” step by measuring both the amplitude and the phase shift to determine that there is a voltage drop across the electrode);
generate a third determination value of the electrical conductivity of the body fluid of the domestic animal based on results of the cross-verification (Page 356, section 4.2, paragraph 1, wherein the amplitude and phase shift characterizes the voltage drop); and
determine whether the domestic animal is estrous based on the third determination value and the temperature within the body of the domestic animal (Page 356, section 4.2, paragraph 1, wherein the voltage drop is used to measure the impedance; Pages 354-355, Introduction, wherein the combination of temperature and electrical resistance are combined to predict estrus; Page 359 “7. Conclusions”, paragraph 1, “The preliminary results suggests that the proposed implantable microsystem for vulvar ER and body temperature measurements can fulfill the requirements of a low-cost autonomous system to help estrus prediction in herd management”; Page 360, paragraph 3, “The key of the proposed measurement method is the correlation of the ER and temperature variation, which have been used separately to predict estrus, each one with a reasonable specificity”; Examiner notes that both the impedance measurements and temperature measurements are sent to the “Measurement Block” of Fig. 2, wherein the data is processed and a determination of whether the domestic animal is estrous or not is made).
Regarding claim 4, Morais discloses an estrous sensor that is implanted into a body of a domestic animal and detects estrus of the domestic animal (Fig. 1, implantable capsule), the estrous sensor comprising:
a first channel interface circuit configured to receive a first channel sensing signal having a first sensing resonance frequency from a first sensing resonance circuit (Fig. 2, “Measurement Block” receiving signals from “Excitation Block” through electrodes A and B, through electrodes M and N, and then through to the “Measurement Block”; Page 355, last paragraph to Page 356, paragraph 1, wherein the excitation block generates an AC current at a RF frequency flowing through and sensed by the outer and inner electrodes A/B and M/N; Examiner notes that, as described above, the “first channel interface circuit” is interpreted to be a channel terminal connected to the electrode. Thus, Morais discloses this limitation by having an electrode M that receives the signal and sends the signal to the “Measurement Block”) connected to a first electrode in contact with body fluid of the domestic animal within the body of the domestic animal (Fig. 1, electrodes A, B, M, N of implantable capsule; Section “2. System overview”, paragraph 1, the device located in the cow collar);
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an output circuit configured to:
receive the first channel sensing signal via the first channel interface circuit (Fig. 2, wherein the “Measurement Block” receives the signal data); and
generate a first channel output signal;
wherein the output circuit is further configured to:
generate a first channel sensing intermediate signal having a first channel differential sensing frequency, which is a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency, by using a process of processing the first channel sensing signal; generate first channel sensing information based on the first channel differential sensing frequency (Pages 356-357, under “4. Measurement methods” wherein impedance is measured by injecting a small alternating current of constant amplitude at a fixed frequency through the tissue using two electrodes, and the measured voltage drop, amplitude, and phase shift determines the tissue impedance;
Examiner notes that by supplying the current and measuring the voltage, amplitude, and phase change across the electrodes, Morais discloses the limitation of “a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency. Morais further discloses “generating first channel sensing information based on the first channel differential sensing frequency” by measuring the impedance/electrical conductivity based on the current, voltage, amplitude, and phase change differences).
output the first channel output signal having a magnitude corresponding to electrical conductivity of the body fluid of the domestic animal based on the first channel sensing information (While Morais does not explicitly disclose outputting the signal, Morais discloses transfer collected data to a laptop computer for posterior analysis (Page 359, paragraph 1). One of ordinary skill would recognize that in order to show the result of the method, the result would be output to a user, e.g., through the laptop computer); and
transfer the first channel output signal to a determination circuit configured to detect temperature within the body of the domestic animal by a temperature measurement circuit (Fig. 1, strip thermally connected to a temperature sensor; Fig. 2, temp sensor; Page 355, Section “2. System overview”, paragraph 2, “Temperature variations are detected by using a precision temperature sensor, thermally connected to a metal strip outside the capsule (fifth strip in Fig. 1)”) so that the determination circuit detects the electrical conductivity of the body fluid of the domestic animal by the first channel output signal and determines whether the domestic animal is estrous based on the electrical conductivity of the body fluid of the domestic animal and the temperature within the body of the domestic animal (Pages 354-355, Introduction, wherein the combination of temperature and electrical resistance are combined to predict estrus; Page 359, “7. Conclusions”, paragraph 1, “The preliminary results suggests that the proposed implantable microsystem for vulvar ER and body temperature measurements can fulfill the requirements of a low-cost autonomous system to help estrus prediction in herd management”; Page 360, paragraph 3, “The key of the proposed measurement method is the correlation of the ER and temperature variation, which have been used separately to predict estrus, each one with a reasonable specificity”; Examiner notes that both the impedance measurements and temperature measurements are sent to the “Measurement Block” of Fig. 2, wherein the data is processed and a determination of whether the domestic animal is estrous or not is made).
Regarding claim 5, Morais discloses an estrus determination method using an estrous sensor that is implanted into a body of a domestic animal and detects estrus of the domestic animal (Fig. 1, implantable capsule), the estrus determination method comprising:
receiving a first channel interface circuit configured to receive a first channel sensing signal having a first sensing resonance frequency from a first sensing resonance circuit (Fig. 2, “Measurement Block” receiving signals from “Excitation Block” through electrodes A and B, through electrodes M and N, and then through to the “Measurement Block”; Page 355, last paragraph to Page 356, paragraph 1, wherein the excitation block generates an AC current at a RF frequency flowing through and sensed by the outer and inner electrodes A/B and M/N; Examiner notes that, as described above, the “first channel interface circuit” is interpreted to be a channel terminal connected to the electrode. Thus, Morais discloses this limitation by having an electrode M that receives the signal and sends the signal to the “Measurement Block”) connected to a first electrode in contact with body fluid of the domestic animal within the body of the domestic animal (Fig. 1, electrodes A, B, M, N of implantable capsule; Section “2. System overview”, paragraph 1, the device located in the cow collar);
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detecting temperature within the body of the domestic animal (Fig. 1, strip thermally connected to a temperature sensor; Fig. 2, temp sensor; Page 355, Section “2. System overview”, paragraph 2, “Temperature variations are detected by using a precision temperature sensor, thermally connected to a metal strip outside the capsule (fifth strip in Fig. 1)”);
generating a first channel sensing intermediate signal having a first channel differential sensing frequency, which is a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency, by using a process of processing the first channel sensing signal; generating first channel sensing information based on the first channel differential sensing frequency (Pages 356-357 under “4. Measurement methods” wherein impedance is measured by injecting a small alternating current of constant amplitude at a fixed frequency through the tissue using two electrodes, and the measured voltage drop, amplitude, and phase shift determines the tissue impedance;
Examiner notes that by supplying the current and measuring the voltage, amplitude, and phase change across the electrodes, Morais discloses the limitation of “a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency. Morais further discloses “generating first channel sensing information based on the first channel differential sensing frequency” by measuring the impedance/electrical conductivity based on the current, voltage, amplitude, and phase change differences).
generating the first channel output signal having a magnitude corresponding to electrical conductivity of the body fluid of the domestic animal based on the first channel sensing information (While Morais does not explicitly disclose outputting the signal, Morais discloses transfer collected data to a laptop computer for posterior analysis (Page 359, paragraph 1). One of ordinary skill would recognize that in order to show the result of the method, the result would be output to a user, e.g., through the laptop computer);
detecting the electrical conductivity of the body fluid of the domestic animal by the first channel output signal; and determining whether the domestic animal is estrous based on the electrical conductivity of the body fluid of the domestic animal and the temperature within the body of the domestic animal (Pages 354-355, Introduction, wherein the combination of temperature and electrical resistance are combined to predict estrus; Page 359, “7. Conclusions”, paragraph 1, “The preliminary results suggests that the proposed implantable microsystem for vulvar ER and body temperature measurements can fulfill the requirements of a low-cost autonomous system to help estrus prediction in herd management”; Page 360, paragraph 3, “The key of the proposed measurement method is the correlation of the ER and temperature variation, which have been used separately to predict estrus, each one with a reasonable specificity”; Examiner notes that both the impedance measurements and temperature measurements are sent to the “Measurement Block” of Fig. 2, wherein the data is processed and a determination of whether the domestic animal is estrous or not is made).
Regarding claim 7, Morais further discloses before detecting the electrical conductivity of the body fluid of the domestic animal, generating first channel sensing additional information corresponding to an amplitude of the first channel sensing signal (Page 356, section 4.2, paragraph 1, wherein the voltage drop is measured in part by the amplitude of the signal); and
outputting a first channel additional output signal having a magnitude corresponding to the electrical conductivity of the body fluid of the domestic animal based on the first channel sensing additional information (Page 356, section 4.2, paragraph 1, wherein the amplitude is measured between the injected current and the measured voltage to calculate the value of the impedance), and
wherein detecting the electrical conductivity of the body fluid of the domestic animal comprises:
cross-verifying a first determination value corresponding to the electrical conductivity of the body fluid of the domestic animal detected by the first channel output signal by using a second determination value corresponding to the electrical conductivity of the body fluid of the domestic animal detected by the first channel additional output signal (Page 356, section 4.2, paragraph 1, wherein the phase shift is also measured between the injected current and the measured voltage to determine the impedance; Examiner notes that Morais discloses the “cross-verifying” step by measuring both the amplitude and the phase shift to determine that there is a voltage drop across the electrode); and
generating a third determination value of the electrical conductivity of the body fluid of the domestic animal as a final determination value of the electrical conductivity of the body fluid of the domestic animal based on results of the cross-verification (Page 356, section 4.2, paragraph 1, wherein the amplitude and phase shift characterizes the voltage drop).
Regarding claim 8, Morais discloses an estrus determination method using an estrous sensor that is implanted into a body of a domestic animal and detects estrus of the domestic animal (Fig. 1, implantable capsule), the estrus determination method comprising:
receiving a first channel interface circuit configured to receive a first channel sensing signal having a first sensing resonance frequency from a first sensing resonance circuit (Fig. 2, “Measurement Block” receiving signals from “Excitation Block” through electrodes A and B, through electrodes M and N, and then through to the “Measurement Block”; Page 355, last paragraph to Page 356, paragraph 1, wherein the excitation block generates an AC current at a RF frequency flowing through and sensed by the outer and inner electrodes A/B and M/N; Examiner notes that, as described above, the “first channel interface circuit” is interpreted to be a channel terminal connected to the electrode. Thus, Morais discloses this limitation by having an electrode M that receives the signal and sends the signal to the “Measurement Block”) connected to a first electrode in contact with body fluid of the domestic animal within the body of the domestic animal (Fig. 1, electrodes A, B, M, N of implantable capsule; Section “2. System overview”, paragraph 1, the device located in the cow collar);
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generating a first channel sensing intermediate signal having a first channel differential sensing frequency, which is a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency, by using a process of processing the first channel sensing signal; generating first channel sensing information based on the first channel differential sensing frequency (Pages 356-357, under “4. Measurement methods” wherein impedance is measured by injecting a small alternating current of constant amplitude at a fixed frequency through the tissue using two electrodes, and the measured voltage drop, amplitude, and phase shift determines the tissue impedance;
Examiner notes that by supplying the current and measuring the voltage, amplitude, and phase change across the electrodes, Morais discloses the limitation of “a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency. Morais further discloses “generating first channel sensing information based on the first channel differential sensing frequency” by measuring the impedance/electrical conductivity based on the current, voltage, amplitude, and phase change differences);
outputting the first channel output signal having a magnitude corresponding to electrical conductivity of the body fluid of the domestic animal based on the first channel sensing information (While Morais does not explicitly disclose outputting the signal, Morais discloses transfer collected data to a laptop computer for posterior analysis (Page 359, paragraph 1). One of ordinary skill would recognize that in order to show the result of the method, the result would be output to a user, e.g., through the laptop computer); and
transferring the first channel output signal to an estrous determination circuit so that the estrous determination circuit detects the electrical conductivity of the body fluid of the domestic animal by the first channel output signal and determines whether the domestic animal is estrous based on the electrical conductivity of the body fluid of the domestic animal and the temperature within the body of the domestic animal (Pages 354-355, Introduction, wherein the combination of temperature and electrical resistance are combined to predict estrus; Page 359, “7. Conclusions”, paragraph 1, “The preliminary results suggests that the proposed implantable microsystem for vulvar ER and body temperature measurements can fulfill the requirements of a low-cost autonomous system to help estrus prediction in herd management”; Page 360, paragraph 3, “The key of the proposed measurement method is the correlation of the ER and temperature variation, which have been used separately to predict estrus, each one with a reasonable specificity”; Examiner notes that both the impedance measurements and temperature measurements are sent to the “Measurement Block” of Fig. 2, wherein the data is processed and a determination of whether the domestic animal is estrous or not is made).
Allowable Subject Matter
Regarding claims 2 and 6, Morais discloses a second channel interface circuit (Fig. 2, wherein electrode M is the “first channel interface circuit” and electrode N is the “second channel interface circuit”) configured to receive a second channel sensing signal (Fig. 2, receiving a signal from excitation block, through electrode B, and through to electrode N) having a second sensing resonance frequency from a second sensing resonance circuit connected to a second electrode in contact with the body fluid of the domestic animal within the body of the domestic animal (Fig. 1, electrodes A, B, M, N of implantable capsule; Section 2, paragraph 1, the device located in the cow collar; Fig. 2, wherein the electrodes send two different signals to the “Measurement Block”),
[AltContent: textbox (First channel interface circuit receiving a first channel sensing signal having a first sensing resonance frequency from a first sensing circuit)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (Second channel interface circuit receiving a second channel sensing signal having a second sensing resonance frequency from a second sensing circuit)]
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wherein the output circuit is further configured to:
receive the second channel sensing signal via the second channel interface circuit, and generate a second channel output signal (Fig. 2, wherein the “Measurement Block” receives the signal data from electrode N);
generate a second channel sensing intermediate signal having a second channel differential sensing frequency, which is a difference between a second reference resonance frequency, at which the second channel sensing signal has been initialized, and the second sensing resonance frequency using a process of processing the second channel sensing signal; generate second channel sensing information based on the second channel differential sensing frequency (Pages 356-357 under “4. Measurement methods” wherein impedance is measured by injecting a small alternating current of constant amplitude at a frequency through the tissue using two electrodes, and the measured voltage drop, amplitude, and phase shift determines the tissue impedance;
Examiner notes that by supplying the current and measuring the voltage, amplitude, and phase change across the electrodes, Morais discloses the limitation of “a difference between a first reference resonance frequency at which the first channel sensing signal has been initialized and the first sensing resonance frequency. Morais further discloses “generating first channel sensing information based on the first channel differential sensing frequency” by measuring the impedance/electrical conductivity based on the current, voltage, amplitude, and phase change differences); and
output the second channel output signal based on the second channel sensing information (While Morais does not explicitly disclose outputting the signal, Morais discloses transfer collected data to a laptop computer for posterior analysis (Page 6, paragraph 1). One of ordinary skill would recognize that in order to show the result of the method, the result would be output to a user, e.g., through the laptop computer), and
wherein the determination circuit is further configured to:
receive the second channel output signal (Fig. 2, wherein the “Measurement Block” receives the signal data);
generate channel sensing value difference information, which is a difference between the first channel sensing information and the second channel sensing information (Page 355, section “2. System overview”, paragraph 2, wherein the potential difference between electrodes M and N are measured, see equation (1)); and
detect the electrical conductivity of the body fluid of the domestic animal based on a ratio between the channel sensing value difference information (Page 355, section “2. System overview”, wherein the difference between the voltages of electrodes N and M are measured and used to determine electrical resistance ER and ER variation), and determine whether the domestic animal is estrous based on the electrical conductivity of the body fluid of the domestic animal and the temperature within the body of the domestic animal (Pages 354-355, Introduction, wherein the combination of temperature and electrical resistance are combined to predict estrus; Page 359, “7. Conclusions”, paragraph 1, “The preliminary results suggests that the proposed implantable microsystem for vulvar ER and body temperature measurements can fulfill the requirements of a low-cost autonomous system to help estrus prediction in herd management”; Page 360, paragraph 3, “The key of the proposed measurement method is the correlation of the ER and temperature variation, which have been used separately to predict estrus, each one with a reasonable specificity”; Examiner notes that both the impedance measurements and temperature measurements are sent to the “Measurement Block” of Fig. 2, wherein the data is processed and a determination of whether the domestic animal is estrous or not is made).
However, Morais fails to disclose a second reference resonance frequency and generating channel interval information, which is a difference between the first reference resonance frequency and the second reference resonance frequency. Morais discloses applying the same frequency to each electrode and measuring the voltage difference across each electrode for comparison. Thus, Morais does not disclose determining estrous of a domestic animal based on the comparison between a first and second reference resonance frequency.
Conclusion
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/NOAH M HEALY/Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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