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
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.
Claim(s) 35-68 is/are rejected under 35 U.S.C. 103 as being unpatentable over
n apparatus configured and adapted for gas-stunning live poultry, which
are intended for slaughter and located in containers, by a gas mixture containing a stunning gas, the apparatus comprising: at least one stunning chamber having;
at least two stunning zones; at least one input station arranged on an inlet side of the stunning chamber for the containers containing live poultry; and at least one output station arranged on an outlet side of the stunning chamber for the containers containing stunned poultry; a transport device with at least one transport conveyor configured and adapted for transporting the containers from the input station to the output station through the stunning chamber along at least one transport path; wherein;
the at least one stunning chamber is arranged above ground and the at least two
stunning zones are configured and adapted to lie substantially horizontally one above the other; the gas mixture of the at least two stunning zones has different concentrations of the stunning gas in each of the stunning zones, the concentration of the stunning gas in the gas mixture of the at least two stunning zones increasing from an uppermost of the stunning zones to a lowermost of the stunning zones; and
the transport device is configured and adapted to transport the containers on the at
least one transport path substantially horizontally in a meandering manner through the at least two stunning zones along a stunning path in the stunning chamber.
Regarding claim 36, the combination teaches the transport device, the
input station and/or the output station comprises at least one lift device for transporting the containers substantially vertically.
Regarding claim 37, the combination teaches the at least one transport conveyor of the transport device comprises a plurality of transport conveyors, wherein a number
of transport conveyors corresponds at least to the number of stunning zones provided.
Regarding claim 38, the combination teaches each of the at least one transport conveyor is configured and adapted for substantially horizontal transport of the
containers along a transport path through at least a portion of one of the stunning zones.
(Maybe allowable) Regarding claim 39, teaches the at least one lift device is provided in a course of the stunning path between the at least two stunning zones located one above the other and having at least one transport path, in order to configure and adapt a vertical transport of the containers between at least two of the stunning zones, wherein at least one of the
transport paths can be bypassed.
(Maybe allowable) Regarding claim 40, teaches the stunning path provided for transport of the containers can be reduced when at least one of the transport paths is bypassed by the lift device.
Regarding claim 41, teaches the lift device is configured and adapted in one of the stunning zones in such a manner that, when the containers are transported by means of the lift device, a distance of the corresponding stunning zone can be reduced.
Regarding claim 42, teaches the transport device and/or the at least one lift device is/are adjustable to the poultry in such a manner that a variable transport speed and/or a variable stunning path can be set, depending on a number and/or weight of the poultry in the containers, in order to provide number-specific and/or weight-specific stunning of the poultry.
103 need reference Regarding claim 43, teaches the stunning chamber is
configured and adapted as a closed stunning tunnel and the stunning path extends substantially horizontally in a meandering manner, wherein the at least two stunning zones are arranged one above the other in a substantially horizontal meandering manner.
Regarding claim 44, teaches the stunning chamber comprises a stunning compartment with the at least two stunning zones; the containers are transportable through the at least two stunning zones in each case by at least one of the at least one transport conveyor substantially horizontally; and the at least one lift device is configured and adapted for vertical transport between at least two of the at least one transport conveyors.
(New) The apparatus according to claim 35, wherein the at least one input station
45.
and/or the at least one output station comprises at least one gas barrier configured and adapted
such that the gas mixture remains substantially in the stunning chamber and/or that substantially
no ambient gas enters the stunning chamber.
(New) The apparatus according to claim 35, wherein the stunning chamber further
46.
comprises at least one gassing device, configured and adapted to provide a gas and/or a gas
mixture in the stunning chamber.
(New) The apparatus according to claim 46, wherein a stunning gas or a gas
47.
mixture containing a stunning gas can be provided in the lowermost of the at least two stunning
zones by at least one of the at least one gassing devices, in order to configure and adapt a gas
mixture with a first concentration of a stunning gas in the lowermost stunning zone.
(New) The apparatus according to claim 46, wherein oxygen and/or an oxygen-
48.
containing gas mixture can be provided in at least one of the stunning zones by at least one of the
at least one gassing devices, in order to configure and adapt an oxygen-containing gas mixture
with a concentration of a stunning gas.
(New) The apparatus according to claim 35, wherein the stunning chamber further
49.
comprises at least one gas flow device, configured and adapted to provide a gas flow of at least
one gas and/or gas mixture from a first of the stunning zones into another of the stunning zones,
preferably from the lowermost stunning zone into at least one of the stunning zones above.
(New) The apparatus according to claim 49, wherein the gas flow device is
50.
configured and adapted to provide a stunning gas and/or a gas mixture containing stunning gas
flowing in the stunning chamber, preferably in the lowermost stunning zone, wherein a gas
concentration of the stunning gas and/or of the gas mixture containing the stunning gas decreases
gradually along the meandering stunning path, starting from a maximum gas concentration of the
stunning gas.
(New) The apparatus according to claim 49, wherein the gas flow of a gas and/or
51.
a gas mixture is flowable through the stunning tunnel along the meandering stunning path via at
least one lift device from the lowermost stunning zone into at least one of the stunning zones
above the lowermost stunning zone.
(New) The apparatus according to claim 36, further comprising a control unit
52.
and/or a regulation unit by which a transport speed of the or each transport conveyor, the use of
the at least one lift device and a composition of the gas mixture with regard to the concentration
of the stunning gas in the gas mixture can be controlled and/or regulated in at least one of the
stunning zones.
(New) The apparatus according to claim 35, wherein the or cach input station is
53.
configured and adapted for vertically and/or horizontally feeding the containers onto the at least
one transport path.
(New) The apparatus according to claim 35, wherein the or each output station is
54.
configured and adapted for vertically and/or horizontally discharging the containers from the
stunning chamber.
(New) The apparatus according to claim 36, wherein one of the lift devices is
55.
provided at a beginning and/or at an end of the transport path of each of the at least one transport
conveyor, in order to configure and adapt a vertical transport of the containers.
(New) A method for gas-stunning live poultry which are intended for slaughter
56.
and are located in containers, by a gas mixture containing a stunning gas, comprising the steps:
feeding the containers containing the live poultry to a stunning chamber by at least one
input station, wherein the stunning chamber is arranged above ground;
Application No. National Stage of PCT/EP2021/086220
Docket No.: BAAF0004PA
10
Amendment dated June 12, 2024
Preliminary Amendment
transporting the containers through at least two stunning zones of the stunning chamber,
which are arranged substantially horizontally one above the other, by a transport device having at
least one transport conveyor;
wherein;
the gas mixture of the at least two stunning zones has different concentrations of
the stunning gas in each of the stunning zones; and
the concentration of the stunning gas in the gas mixture of the at least two
stunning zones increases, starting from an uppermost of the stunning zones to a
lowermost of the stunning zones;
discharging the containers containing stunned poultry by an output station;
wherein;
the containers are transported by the transport device on the at least one transport
path through the at least two stunning zones in a substantially horizontally meandering
manner along a stunning path into the stunning chamber.
(New) The method according to claim 56, wherein the containers are transported
57.
substantially vertically, at least in sections, by at least one lift device comprising the transport
device, the input station and/or the output station.
(New) The method according to claim 56, wherein the containers are transported
58.
on the stunning path substantially horizontally in a meandering manner, wherein the at least two
Application No. National Stage of PCT/EP2021/086220
Docket No.: BAAF0004PA
11
Amendment dated June 12, 2024
Preliminary Amendment
stunning zones are arranged substantially horizontal one above the other in a meandering
manner.
(New) The method according to claim 57, wherein the containers are transported
59.
substantially horizontally through the at least two stunning zones, each by at least one of the
transport conveyors, wherein the at least one lift device transports the containers substantially
vertically between at least two of the transport conveyors.
(New) The method according to claim 57, wherein, in a course of the stunning
60.
path, the containers are transported by the at least one lift device between at least two of the
stunning zones located one above the other and having at least one transport path, in order to
configure and adapt a vertical transport of the containers between at least two stunning zones,
wherein at least one of the transport paths is bypassed.
(New) The method according to claim 60, wherein bypassing the containers of at
61.
least one of the transport paths reduces the stunning path provided for transport of the containers.
(New) The method according to claim 56, wherein a gas and/or a gas mixture is
62.
provided in the stunning chamber by at least one gassing device.
(New) The method according to claim 62, wherein a gas mixture with a first
63.
concentration of a stunning gas is provided in the lowermost of the at least two stunning zones by
the at least one gassing device.
Regarding claim 62, teaches in at least one of the stunning
zones, preferably in the lowermost of the stunning zones, oxygen and/or an oxygen-containing gas mixture is provided by the at least one gassing device, in order to configure and adapt an oxygen-containing gas mixture with a concentration of the stunning gas.
Regarding claim 65, teaches in the stunning chamber, a gas flow of at least one gas and/or a gas mixture is provided from a first one of the stunning zones to
another of the stunning zones by at least one gas flow device, preferably from the lowermost stunning zone to at least one of the stunning zones above the lowermost stunning zone.
Regarding claim 66, teaches the containers each pass through at least three stunning zones one after the other along the stunning path in a substantially horizontal direction, namely a first phase I with a concentration of 5-25% stunning gas in the gas mixture, a second phase II with a concentration of 25-50% stunning gas in the gas mixture and a third phase III with a concentration of 50-100% stunning gas in the gas mixture.
Regarding claim 67, teaches in in the stunning zones with compensated by increasing or reducing the concentration of stunning gas in the gas mixture, preferably by feeding in at least one gas and/or gas mixture using at least one gassing device.
Regarding claim 68, teaches the gas concentration of the
stunning gas in the gas mixture is monitored in at least one of the at least two stunning zones.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD T. PRICE JR whose telephone number is (571)272-6892. The examiner can normally be reached Monday-Friday 7AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M. Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643