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 § 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 8, 11-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Pohlkamp (EP 1665923) in view of Michael (GB 2583918) and Nester (US 11484004).
Regarding Claim 8, Pohlkamp discloses a milking system, comprising
at least one milking stall and
an access area to the at least one milking stall (“an installation with at least one treatment area, in particular a milking stall, at least one passage to the treatment area is proposed,” Page 4 Paragraph 3 of translation), wherein the access area has a path boundary for directing animal traffic in a movement direction (passage 3), comprising
a first boundary gate (wall 1) and a second boundary gate (wall 2), opposite the first boundary gate (Figure 1), which enclose a path between them (passage 3),
at least one guide unit projecting into the path (blocking means 7; Figure 1), wherein this guide unit has a geometry such that a spacing from the opposing boundary gate is reduced as seen in the movement direction (Figures 1-4), wherein the guide unit is freely displaceable in a horizontal plane (arrow A in Figure 3),
a positioning unit (drive 10 and actuating element 11), which is suitable and intended for altering a position of the guide unit (“For pivoting the blocking means 7 about the vertical axis 8, the blocking means 7 is connected to an actuating element 11. For actuating a drive 10 is provided.” Page 4 last Paragraph of translation).
Pohlkamp fails to disclose wherein the guide unit comprises at least one concertina grille, and wherein the guide unit comprises a bow-shaped piece, the bow shape of which is oriented in the horizontal direction.
However, Michael teaches a similar access gate wherein the guide unit comprises at least one concertina grille and is freely displaceable in a horizontal plane (“the entrance gate 110 is an inwardly opening concertina gate.” Page 21 lines 20-23; Figures 5A and 5B; the gate opens across a horizontal plane).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the guide unit of Pohlkamp, with the concertina gate of Michael, with reasonable expectation of success, in order to help decrease the amount of space needed for storage of the gate when not in use.
Additionally, Nester teaches a similar gate system comprising a first boundary gate and a second boundary gate, opposite the first boundary gate (alley 60 shown in Figure 6), which enclose a path between them (60), at least one guide unit projecting into the path (alley stop 10; Figures 6 and 8), wherein the guide unit comprises a bow-shaped piece, the bow shape of which is oriented in the horizontal direction (stop 10; Figure 8, plate 120; Figure 10)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the guide unit of Pohlkamp, with the bow shaped piece in the horizontal orientation of Nester, with reasonable expectation of success, in order to help ensure the animal is easily guided in the correct direction, while also helping prevent injury to the animal from any sharp or pinch points.
Alternatively, as explained above, the examiner outlines that Nester teaches the claimed limitation. If, however, it can be interpreted that Nester does not specifically teach wherein the guide unit comprises a bow-shaped piece, the alternative 103 rejection applies.
Nester teaches a similar gate system comprising a first boundary gate and a second boundary gate, opposite the first boundary gate (alley 60 shown in Figure 6), which enclose a path between them (60), at least one guide unit projecting into the path (alley stop 10; Figures 6 and 8), wherein the guide unit comprises a triangle-shaped piece, the triangle shape of which is oriented in the horizontal direction (stop 10; Figure 8, plate 120; Figure 10).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the guide unit of Pohlkamp, with the triangle shaped piece in the horizontal orientation of Nester, with reasonable expectation of success, in order to help ensure the animal is easily guided in the correct direction, while also helping prevent injury to the animal from any sharp or pinch points.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the triangle shaped piece of Nester, with a bow shaped piece, with reasonable expectation of success, in order to help prevent injury to the animal from any sharp corners or edges when moving through the gate system, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding Claim 11, Pohlkamp as modified teaches the milking system as claimed in claim 8. Pohlkamp further discloses wherein the guide unit is swivel-mounted (“The blocking means 7 is pivotable about a substantially vertically extending axis 8. For this purpose, for example, the blocking means 7 may be connected to the side wall 1 via at least one hinge.” Page 4 of translation).
Regarding Claim 12, Pohlkamp as modified teaches the milking system as claimed in claim 8. Pohlkamp further discloses wherein the guide unit comprises at least one joint (“The blocking means 7 is pivotable about a substantially vertically extending axis 8. For this purpose, for example, the blocking means 7 may be connected to the side wall 1 via at least one hinge.” Page 4 of translation) and one end of the guide unit is displaceable along the first boundary gate in a parallel manner (end portion 15; arrow shown in Figures 2 and 4; “The opposite end portion 15 is slidably disposed in the longitudinal direction of the passage. The displaceability of the end region 15 is represented by the arrow A.” Page 5 Paragraph 4 of translation).
Regarding Claim 13, Pohlkamp as modified teaches the milking system as claimed in claim 8. Pohlkamp further discloses wherein the guide unit comprises multiple elements (blocking means 7 and actuating element 11 Figure 1; Page 4 last Paragraph of translation) and at least one angle joint (“The blocking means 7 is pivotable about a substantially vertically extending axis 8. For this purpose, for example, the blocking means 7 may be connected to the side wall 1 via at least one hinge.” Page 4 of translation) and is displaceable relative to a boundary gate (blocking means 7 is pivotable relative to wall).
Regarding Claim 15, Pohlkamp as modified teaches the milking system as claimed in claim 8. Pohlkamp further discloses wherein the positioning unit has an arresting component (“a passage means 6 is provided, is locked by the gear 3 in a first position and released in a second position for an animal.” Page 4 of translation; per Applicant’s definition of arresting component on page 5 of the specification).
Response to Arguments
Applicant’s arguments filed 2/19/26 with respect to claim 8 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Newly added reference Nester (US 11484004), in combination with previously used references, teach the claims as amended as discussed in the currently presented rejection above.
Conclusion
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/A.K.P./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642