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 .
This Office Action is in response to Applicant’s amendment filed 11/06/2025. Claims 1, 3-10, 12, 14, 16, 18, and 20-21 are currently pending in this application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-10, 12, 14, 16, 18, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Yuici et al. (JP 2021-100404 A, Machine Translation provided herewith).
Claim 1, Yuici teaches:
A health condition determination apparatus (Yuici, Paragraph [0006]), comprising:
a behavior data acquisition part that acquires behavior data indicating a behavior of an animal acquired by executing at least any one of monitoring and sensing on the animal (Yuici, Paragraph [0018], The determination unit 13 utilizes data stored in storage unit 11 to operate is counting unit (frequency measurement unit) 15 and movement analysis unit 16. For example, the frequency measurement unit 15 may be analyzed for determining the number of feedings of the livestock (see Yuici, Paragraph [0020]) and the number of times that the livestock stays in a specific area utilizing the movement analysis unit 16 (see Yuici, Paragraph [0022]). Feedings and staying in a specific area are examples of livestock behavior that is determined by monitoring and/or sensing the livestock.);
a behavior data accumulation part that accumulates the behavior data (Yuici, Paragraph [0016], The storage unit 11 stores transmitted data.); and
a health condition estimation part that estimates a health condition of the animal by using the behavior data (Yuici, Paragraph [0019], The judgement unit 13, via health management unit 14, determines the health condition of the animal(s) by utilizing the data.), and
a health condition diagnosis part that diagnoses the health condition of the animal based on the estimated health condition (Yuici, Paragraph [0022], Based on the data, e.g. the number of times or the time that the livestock stays in a specific area, the health management unit 14 determines whether the health condition of the livestock is abnormal. A notification is then generated in response to the determination (see Yuici, Paragraph [0025]).),
wherein the health condition diagnosis part performs an evaluation of the health condition, estimated by the health condition estimation part, in accordance with a predetermined reference or rules (Yuici, Paragraph [0022], Based on the data, e.g. the number of times or the time that the livestock stays in a specific area, the health management unit 14 determines whether the health condition of the livestock is abnormal. In the example of the livestock staying in a specific area, the health condition of the livestock is abnormal if the relative time or number of times that the livestock stays in the specific area versus what is normal, i.e. a predetermined reference.) and provides measures based on a result of the evaluation (Yuici, Paragraph [0025], One example of measures based on the result of the evaluation is the notification via display, voice, and/or vibration when the management unit 14 determines an abnormal condition.).
Yuici does not explicitly teach:
Measures predetermined to be necessary.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the step of notifying, via the notification unit 17, to be predetermined to be necessary, i.e. for the management unit 14 to be programmed to generate the notification in response to a determined condition, e.g. an abnormal condition. Such a modification does not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 3, Yuici further teaches:
The health condition determination apparatus according to claim 1, wherein the health condition diagnosis part calculates a health level index value, which is an index value indicating a health level of the animal, based on the estimated health condition (Yuici, Paragraphs [0045-0046], The measured temperature of a livestock is functionally equivalent to a health level index value, because the value of the temperature is compared with a specified range of temperatures for determining whether the temperature(s) is/are abnormal, i.e. to determine the health of the livestock. The abnormality of the temperatures may be indicative that the livestock is suffering from some kind of disease.).
Claim 4, Yuici further teaches:
The health condition determination apparatus according to claim 1,
wherein the behavior data acquisition part acquires a plurality of behavior data of a plurality of animals (Yuici, Paragraph [0018], The system is capable of managing a plurality of livestock, e.g. a herd (see Yuici, Paragraphs [0037-0039]).), the plurality of behavior data includes the behavior data of the animal, and the plurality of animals includes the animal (Yuici, Paragraph [0018], The system is capable of managing a plurality of livestock, e.g. a herd (see Yuici, Paragraphs [0037-0039]).);
wherein the behavior data accumulation part accumulates the behavior data of the plurality of animals (Yuici, Paragraph [0016], The storage unit 11 stores transmitted data.), and
wherein the health condition estimation part estimates health conditions of the plurality of animals by using the behavior data of the plurality of animals, the health condition is one of the health conditions (Yuici, Paragraph [0019], The judgement unit 13, via health management unit 14, determines the health condition of the animal(s) by utilizing the data. For example, normal and abnormal are health conditions.).
Claim 5, Yuici further teaches:
The health condition determination apparatus according to claim 4, further comprising:
a herd detection part that detects a herd of animals (Yuici, Paragraphs [0037-0039], The system is capable of managing a plurality of livestock, e.g. a herd.),
wherein the behavior data acquisition part acquires the plurality of behavior data of the plurality of animals as belonging to a same herd (Yuici, Paragraphs [0037-0039], The monitored animals may also be for a herd made up of multiple livestock.).
Claim 6, Yuici further teaches:
The health condition determination apparatus according to claim 4, further comprising:
a particular individual extraction part that extracts, by using the plurality of behavior data of the plurality of animals, an individual animal in a particular state from among the plurality of animals (Yuici, Paragraph [0045], In the example of detecting body temperature, the livestock having temperatures not within a specified range may be identified. The temperature determination is performed in accordance to tracking the locations of the livestock, i.e. the behavior (see Yuici, Paragraph [0042]).).
Claim 7, Yuici further teaches:
The health condition determination apparatus according to any one of claim 4, further comprising:
an animal basic information reception part that receives animal basic information including at least any one of information about attributes, information about physiques, and information about treatment records of the plurality of animals (Yuici, Paragraph [0038], One example attribute regarding the livestock includes body temperatures and specific ranges of body temperatures.);
an animal basic information accumulation part that accumulates the animal basic information (Yuici, Paragraph [0038], The predetermined range is accessed via the storage unit 11.); and
a similar individual extraction part that extracts, based on the animal basic information and the health conditions of the plurality of animals, an individual as a similar individual whose animal based information value falls within a predetermined range relative to the animal basic information (Yuici, Paragraph [0045], The body temperatures of the same animal would be similar to other animals that are the same, e.g. pigs, and would be determined by the health management unit 14. Thus, the similarities between an animal would fall within a predetermined range of another animal that is the same animal.).
Claim 8, Yuici further teaches:
The health condition determination apparatus according to claim 7,
wherein the similar individual extraction part extracts the individual as the similar individual and as similar to one animal, selected from the plurality of animals (Yuici, Paragraph [0045], The body temperatures of the same animal would be similar to other animals that are the same, e.g. pigs.), based on the animal basic information value falling within the predetermined range relative to the animal basic information (Yuici, Paragraph [0045], The body temperatures of the same animal would be similar to other animals that are the same, e.g. pigs, and would be determined by the health management unit 14. Thus, the similarities between an animal would fall within a predetermined range of another animal that is the same animal.); and
wherein the health condition determination apparatus further comprises a health condition prediction part that predicts a health condition of the one animal based on the animal basic information and a health condition of the similar individual (Yuici, Paragraphs [0045-0046], Based on the measured temperature of the livestock and the predetermined range of temperatures known by the health management unit 14, the determination that temperature of the livestock is abnormal and that the livestock is suffering some kind of disease is functionally equivalent to predicting a health condition of the at least one livestock.).
Claim 9, Yuici teaches:
A health condition determination method (Yuici, Paragraph [0006]), comprising:
acquiring behavior data indicating a behavior of an animal acquired by executing at least any one of monitoring and sensing on the animal (Yuici, Paragraph [0018], The determination unit 13 utilizes data stored in storage unit 11 to operate is counting unit (frequency measurement unit) 15 and movement analysis unit 16. For example, the frequency measurement unit 15 may be analyzed for determining the number of feedings of the livestock (see Yuici, Paragraph [0020]) and the number of times that the livestock stays in a specific area utilizing the movement analysis unit 16 (see Yuici, Paragraph [0022]). Feedings and staying in a specific area are examples of livestock behavior that is determined by monitoring and/or sensing the livestock.);
storing the behavior data in a storage area so as to accumulate the behavior data (Yuici, Paragraph [0016], The storage unit 11 stores transmitted data.); and
estimating a health condition of the animal by using the behavior data (Yuici, Paragraph [0019], The judgement unit 13, via health management unit 14, determines the health condition of the animal(s) by utilizing the data.);
diagnosing the health condition of the animal based on the estimated health condition (Yuici, Paragraph [0022], Based on the data, e.g. the number of times or the time that the livestock stays in a specific area, the health management unit 14 determines whether the health condition of the livestock is abnormal. A notification is then generated in response to the determination (see Yuici, Paragraph [0025]).);
performing an evaluation of the health condition in accordance with a predetermined reference or rules (Yuici, Paragraph [0022], Based on the data, e.g. the number of times or the time that the livestock stays in a specific area, the health management unit 14 determines whether the health condition of the livestock is abnormal. In the example of the livestock staying in a specific area, the health condition of the livestock is abnormal if the relative time or number of times that the livestock stays in the specific area versus what is normal, i.e. a predetermined reference.); and
providing measures based on a result of the evaluation (Yuici, Paragraph [0025], One example of measures based on the result of the evaluation is the notification via display, voice, and/or vibration when the management unit 14 determines an abnormal condition.).
Yuici does not explicitly teach:
Measures predetermined to be necessary.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the step of notifying, via the notification unit 17, to be predetermined to be necessary, i.e. for the management unit 14 to be programmed to generate the notification in response to a determined condition, e.g. an abnormal condition. Such a modification does not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 10, Yuici teaches:
A non-transitory computer readable recording medium storing a program (Yuici, Paragraph [0018]), causing a computer to execute:
processing of acquiring behavior data indicating a behavior of an animal acquired by executing at least any one of monitoring and sensing on the animal (Yuici, Paragraph [0018], The determination unit 13 utilizes data stored in storage unit 11 to operate is counting unit (frequency measurement unit) 15 and movement analysis unit 16. For example, the frequency measurement unit 15 may be analyzed for determining the number of feedings of the livestock (see Yuici, Paragraph [0020]) and the number of times that the livestock stays in a specific area utilizing the movement analysis unit 16 (see Yuici, Paragraph [0022]). Feedings and staying in a specific area are examples of livestock behavior that is determined by monitoring and/or sensing the livestock.);
processing of storing the behavior data in a storage area so as to accumulate the behavior data (Yuici, Paragraph [0016], The storage unit 11 stores transmitted data.); and
processing of estimating a health condition of the animal by using the behavior data (Yuici, Paragraph [0019], The judgement unit 13, via health management unit 14, determines the health condition of the animal(s) by utilizing the data.);
processing of diagnosing the health condition of the animal based on the estimated health condition (Yuici, Paragraph [0022], Based on the data, e.g. the number of times or the time that the livestock stays in a specific area, the health management unit 14 determines whether the health condition of the livestock is abnormal. A notification is then generated in response to the determination (see Yuici, Paragraph [0025]).);
processing of performing an evaluation of the health condition in accordance with a predetermined reference or rules (Yuici, Paragraph [0022], Based on the data, e.g. the number of times or the time that the livestock stays in a specific area, the health management unit 14 determines whether the health condition of the livestock is abnormal. In the example of the livestock staying in a specific area, the health condition of the livestock is abnormal if the relative time or number of times that the livestock stays in the specific area versus what is normal, i.e. a predetermined reference.); and
processing of providing measures based on a result of the evaluation (Yuici, Paragraph [0025], One example of measures based on the result of the evaluation is the notification via display, voice, and/or vibration when the management unit 14 determines an abnormal condition.).
Yuici does not explicitly teach:
Measures predetermined to be necessary.
However, it would have been obvious to one of ordinary skill in the art, at the time of filing, for the step of notifying, via the notification unit 17, to be predetermined to be necessary, i.e. for the management unit 14 to be programmed to generate the notification in response to a determined condition, e.g. an abnormal condition. Such a modification does not change the principal operation of the system, as a whole, and would yield predictable results.
Claim 12, Yuici further teaches:
The health condition determination apparatus according to claim 3,
wherein the behavior data acquisition part acquires a plurality of behavior data of a plurality of animals (Yuici, Paragraph [0018], The system is capable of managing a plurality of livestock, e.g. a herd (see Yuici, Paragraphs [0037-0039]).), the plurality of behavior data includes the behavior data of the animal, and the plurality of animals includes the animal (Yuici, Paragraph [0018], The system is capable of managing a plurality of livestock, e.g. a herd (see Yuici, Paragraphs [0037-0039]).);
wherein the behavior data accumulation part accumulates the plurality of behavior data of the plurality of animals (Yuici, Paragraph [0016], The storage unit 11 stores transmitted data.), and
wherein the health condition estimation part estimates health conditions of the plurality of animals by using the plurality of behavior data of the plurality of animals (Yuici, Paragraph [0019], The judgement unit 13, via health management unit 14, determines the health condition of the animal(s) by utilizing the data. For example, a body temperature of the livestock that is not within a specified range may be determined to be abnormal, which could be indicative that the livestock is suffering from some kind of disease (see Yuici, Paragraphs [0045-0046]).), the health condition is one of the health conditions (Yuici, Paragraph [0019], The judgement unit 13, via health management unit 14, determines the health condition of the animal(s) by utilizing the data. For example, normal and abnormal are health conditions.).
Claim 14, Yuici further teaches:
The health condition determination apparatus according to claim 12, further comprising:
a herd detection part that detects a herd of animals (Yuici, Paragraphs [0037-0039], The system is capable of managing a plurality of livestock, e.g. a herd.),
wherein the behavior data acquisition part acquires the plurality of behavior data of the plurality of animals as belonging to a same herd, which is the herd (Yuici, Paragraphs [0037-0039], The monitored animals may also be for a herd made up of multiple livestock.).
Claim 16, Yuici further teaches:
The health condition determination apparatus according to claim 12, further comprising:
a particular individual extraction part that extracts, by using the plurality of behavior data of the plurality of animals, an individual animal in a particular state from among the plurality of animals, the individual animal is the animal (Yuici, Paragraph [0045], In the example of detecting body temperature, the livestock having temperatures not within a specified range may be identified. The temperature determination is performed in accordance to tracking the locations of the livestock, i.e. the behavior (see Yuici, Paragraph [0042]).).
Claim 18, Yuici further teaches:
The health condition determination apparatus according to claim 14, further comprising:
a particular individual extraction part that extracts, by using the behavior data of the plurality of animals, an individual animal in a particular state from among the plurality of animals, the individual animal is the animal (Yuici, Paragraph [0045], In the example of detecting body temperature, the livestock having temperatures not within a specified range may be identified. The temperature determination is performed in accordance to tracking the locations of the livestock, i.e. the behavior (see Yuici, Paragraph [0042]).).
Claim 20, Yuici further teaches:
The health condition determination apparatus according to claim 12, further comprising:
an animal basic information reception part that receives animal basic information including at least any one of information about attributes, information about physiques, and information about treatment records of the plurality of animals (Yuici, Paragraph [0038], One example attribute regarding the livestock includes body temperatures and specific ranges of body temperatures.);
an animal basic information accumulation part that accumulates the animal basic information (Yuici, Paragraph [0038], The predetermined range is accessed via the storage unit 11.); and
a similar individual extraction part that extracts, based on the animal basic information and the health conditions of the plurality of animals, an individual as a similar individual whose animal basic information value falls within a predetermined range relative to the animal basic information (Yuici, Paragraph [0045], The body temperatures of the same animal would be similar to other animals that are the same, e.g. pigs, and would be determined by the health management unit 14. Thus, the similarities between an animal would fall within a predetermined range of another animal that is the same animal.).
Claim 21, Yuici further teaches:
The health condition determination apparatus according to claim 1, wherein the health condition diagnosis part diagnoses the health condition of the animal further based on at least one of:
at least one change in the behavior data of the animal over time (Yuici, Paragraph [0022], Based on the data, e.g. the number of times or the time that the livestock stays in a specific area, the health management unit 14 determines whether the health condition of the livestock is abnormal. If the number of times or the time that the livestock stays in a specific area changes over time, the livestock may be determined to continue to be abnormal or return back to normal.), and
comparing at least a portion of the behavior data of the animal with at least a portion of behavior data of a different individual animal, the portion of the behavior data of the animal and the portion of the behavior data of the different individual animal indicating a same date and time as each other (Yuici, Paragraph [0090], One example of behavior data that is compared among a plurality of different animals is the step of comparing the average values of data for each section in a livestock management system (see Yuici, Fig. 10). Because the data of each group is collected and compared at the same time, it would have been obvious to one of ordinary skill in the art for the average values to be taken on the same date and time as each other.).
Response to Arguments
Applicant's arguments filed 11/06/2025 have been fully considered but they are moot in view of the new grounds of rejection, necessitated by the Applicant’s amendments.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J YANG whose telephone number is (571)270-5170. The examiner can normally be reached 9:30am-6:00p M-F.
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/JAMES J YANG/ Primary Examiner, Art Unit 2686