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
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Mostert (US 2015/0000601).
Regarding claim 1, Mostert discloses a vacuum supply source (100) for providing a vacuum pressure to a milking system (Fig. 3), the vacuum supply source ([0062] a vacuum and atmospheric pressure are alternately applied) comprising: a vacuum conduit (12) connected to provide vacuum pressure to the milking system (Fig. 3): a first vacuum pump (V2) connected to the vacuum conduit (12) and configured for providing a maximum vacuum pressure at a first maximum vacuum level ([0017]) to the milking system (Fig. 3) via the vacuum conduit (12); a second vacuum pump (V1) connected to the vacuum conduit (12) and configured for providing a maximum vacuum pressure at a second maximum vacuum level ([0017]) to the milking system (Fig. 3) via the vacuum conduit (12), wherein the first vacuum pump (V2) has a larger capacity than a capacity ([0017]) of the second vacuum pump (V1), and the first maximum vacuum level of vacuum pressure equals less pressure below atmospheric pressure than the second maximum vacuum level ([0017]); an adjustable flow limiter valve ([0097] three way valve) arranged on the vacuum conduit (12) between the first vacuum pump (V2) and the second vacuum pump (V1); at least one controller (40) communicatively connected to the first vacuum pump (V2) and the second vacuum pump (V1), wherein the at least one controller (40) is configured to: obtain a request for a desired vacuum level (upon connected teat cup) to be provided to the milking system (Fig. 3), monitor the vacuum level and determine a required pump speed of the first vacuum pump (V2) and/or the second vacuum pump (V1) in order to provide a vacuum pressure at the desired vacuum level ([0073]-[0076]), and adjust a pump speed of the first vacuum pump (V2) and/or the second vacuum pump (V1) according to the determined respectively required pump speed, via a control signal (via controller element 40), and thereby provide vacuum pressure at the desired vacuum level ([0073]-[0076]) to the milking system (Fig. 3).
Regarding claim 19, Mostert discloses further comprising at least one vacuum sensor (25) located on the vacuum conduit (12), wherein the at least one vacuum sensor (25) is connected to the at least one controller (40).
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.
Claims 7-10, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mostert (US 2015/0000601).
Regarding claims 7-9, Mostert discloses the invention substantially as set forth above, but does not expressly disclose wherein the first vacuum pump comprises a lobe vacuum pump and the second vacuum pump comprises a vane vacuum pump, wherein the first vacuum pump comprises a lobe vacuum pump and the second vacuum pump comprises a claw vacuum pump, wherein both the first vacuum pump and the second vacuum pump comprises a claw vacuum pump.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention/application to use any of a lobe, vane or claw vacuum pump to achieve the desired pressures within the vacuum lines for optimal outcomes, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claims 10, 18, Mostert discloses the invention substantially as set forth above, but does not expressly disclose the first maximum vacuum level is within a range of -45 kPa to -50 kPa below atmospheric pressure, and wherein the second maximum vacuum level is within a range of at least 5 to 10 kPa additionally lower than the first maximum vacuum level below atmospheric pressure, wherein the first maximum vacuum level is -50 kPa below atmospheric pressure, and wherein the second maximum vacuum level is in a range of -70 kPa to -80 kPa.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention/application, to contrive any number of desirable ranges for the first and second vacuum levels in order to operate the system at high efficiency, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claim 2-6, 11-17, 20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm.
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/AARON M RODZIWICZ/Examiner, Art Unit 3642
/MONICA L PERRY/Primary Examiner, Art Unit 3644
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