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
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 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.
Claims 1-4, 6, 9, and 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oosterling (WO 0035271 A1).
Regarding claim 1, Oosterling discloses a milking installation configured to milk animals (Fig. 6), the milking installation comprising:
a plurality of milking positions (milking stalls P, Q, R; Fig. 6) each configured to milk one of the animals at a time, each of the plurality of milking positions comprising:
a plurality of teat cups (Fig. 6 shows each milking stall P, Q, R has teat cups 101); and
a flow directing arrangement, comprising a valve manifold that comprises a plurality of valves corresponding to a quantity of the plurality of teat cups associated with a respective one of the plurality of milking positions (first valve block 105, change-over valves 106; Fig. 6), each of the plurality of valves comprising an inlet, a first outlet, and a second outlet (Fig. 6 shows each valve 106 has a first inlet connected to a milking hose 102, a first outlet connected to milking line 104, and a second outlet connected to discharge line 103), the flow directing arrangement comprising:
an inlet arrangement comprising the valve inlets (Fig. 6, milking hose 102 to valve 106);
a first outlet arrangement comprising the valve first outlets (Fig. 6, valve 106 to milking line 104); and
a second outlet arrangement comprising the valve second outlets (Fig. 6, valve 106 to discharge line 103);
a plurality of milk conduits, each fluidly connecting a respective one of the teat cups to a respective one of the valve inlets of the inlet arrangement (milking hose 102; Fig. 6);
a first common milk line fluidically connected to the first outlet arrangement (milking line 102; Fig. 6);
a first milk receiver (fourth storage receptacle 120; Fig. 6);
a second common milk line fluidically connected to the second outlet arrangement (discharge line 103; Fig. 6);
a second milk receiver (discharge vessel 116; Fig. 6);
a vacuum system (vacuum vessel 121, vacuum pump 122; Fig. 6);
a control arrangement (control unit 108; Fig. 6); and
at least one robot arm (page 10, lines 33-36, “This connection of the milking cups 101 can be carried out manually in a known manner. It is also possible for the milking cups 101 to be automatically connected to the teats, for which purpose an automatically controlled milking robot can be used”);
wherein the control arrangement is configured to control each said valve of the valve manifold of the flow directing arrangement at each of the milking positions to selectively fluidly connect the inlet of each given valve with one of the first outlet associated with the given valve and the second outlet associated with the given valve (page 10, line 37 – page 11, line 3, “The milking cups 101 are each connected, by means of a milking hose 102 via a change-over valve 106, to either a discharge line 103 or a milking line 104. The change-over valves 106 are combined in a first valve block 105 and are actuated by means of a control system 108”);
wherein the first common milk line is connected to the first milk receiver (milking line 104 to fourth storage receptacle 120; Fig. 6) and the second common milk line is connected to the second milk receiver (discharge line 103 to discharge vessel 116; Fig. 6), wherein
the vacuum system is connected to the first milk receiver and to the second milk receiver (page 15, lines 1-13, “Since, when using the various storage tanks, the same vacuum system is used, which is connected by means of lines 115 with low resistance to the storage tanks, it is possible to ensure that the same subatmospheric pressure prevails in the various storage tanks, so that there is no change in the subatmospheric pressure in the milking cup 101 when switching between the shut-off valves 113. In this case, the control unit 108 for the shut-off valves is designed in such a manner that there is always at least one valve 113 open during milking, so that there is always a subatmospheric pressure prevailing in the milking cup 1;” page 11, lines 7-11, “The discharge line 103 is connected to a discharge vessel 116 which, by means of a vacuum line 115, is connected to a vacuum vessel 121. The vacuum vessel 121 is kept at subatmospheric pressure in a known manner by a vacuum pump 122”); and
wherein the at least one robot arm is configured to attach the at least one teat cup of at least one of the milking positions to a teat of one of the animals (page 10, lines 33-36).
Regarding claim 2, Oosterling discloses the device of claim 1.
Oosterling discloses wherein each of the milking positions is configured to, during milking of an individual one of the animals, conduct milk from the one animal individual via the flow directing arrangement, to the first milk receiver or to the second milk receiver (Fig. 6; page 11, lines 7-11; page 11, lines 14-22).
Regarding claim 3, Oosterling discloses the device of claim 1.
Oosterling discloses wherein each of the milking positions comprises a milk sensor arrangement fluidly connected to the at least one teat cup (sensor 110; Fig. 6), and wherein the control arrangement is configured to control the flow directing arrangement to fluidly connect the at least one teat cup via the inlet arrangement with either the first outlet arrangement or the second outlet arrangement based on animal individual milk parameters sensed by the milk sensor arrangement (page 12, lines 6-17, “The sensor 110 may be a single sensor for measuring specific properties of the milk or may be a sensor which is designed to measure the concentrations in the milk of certain types of substances or certain molecules. The concentration measured by the sensor 110 may be the fat content of the milk, if appropriate also the protein content or, if appropriate, the concentration of a specific substance or a specific protein in the milk. If appropriate, the sensor 110 is designed, for example, as a biosensor, which can be used to determine the concentration of a specific molecule, for example the concentration of lactoferrin,” page 14, lines 5-13, “The decision as to which of the storage tanks the milk is to be stored in is taken in the control unit 108. In the exemplary embodiment described above, it is possible to select the first storage tank 117 and the third storage tank 119 on the basis of the identity of the animal to be milked, if appropriate in combination with a measurement by the sensor 110, with which, for example, the conductivity of the milk is measured”).
Regarding claim 4, Oosterling discloses the device of claim 1.
Oosterling discloses wherein each of the milking positions comprises an animal identification device (sensor 110; Fig. 6), and wherein the control arrangement is configured to control the flow directing arrangement to fluidly connect the at least one teat cup via the inlet arrangement with either the first outlet arrangement or the second outlet arrangement based on animal identity provided by the animal identification device (page 10, line 37 – page 11, line 3).
Regarding claim 6, Oosterling discloses the device of claim 1.
Oosterling discloses comprising a storage container (fourth storage receptacle 120; Fig. 6), wherein the second milk receiver is connected to the storage container (Fig. 6 shows milk is stored and received in fourth storage receptacle 120 from milk line 104).
Regarding claim 9, Oosterling discloses the device of claim 1.
Oosterling discloses, wherein the at least one robot arm is configured to attach the at least one teat cup of two adjacent said milking positions to a teat of a respective one of the animals (page 10, lines 33-36).
Regarding claim 11, Oosterling discloses the device of claim 1.
Oosterling discloses wherein each of the milking positions is configured to conduct the milk directly from the one animal individual via the flow directing arrangement to the first milk receiver or to the second milk receiver, so that the milk is directly conducted from a given said teat cup to one of the first and second milk receivers without temporarily storing the milk at the milking positions (page 11, lines 7-11; page 11, lines 14-22).
Regarding claim 12, Oosterling discloses the device of claim 11.
Oosterling discloses wherein each of the milking positions comprises a milk sensor arrangement fluidly connected to the at least one teat cup (sensor 110; Fig. 6), and wherein the control arrangement is configured to control the flow directing arrangement to fluidly connect the at least one teat cup via the inlet arrangement with either the first outlet arrangement or the second outlet arrangement based on animal individual milk parameters sensed by the milk sensor arrangement (page 10, line 37 – page 11, line 3; page 12, lines 6-17; page 14, lines 5-13).
Regarding claim 13, Oosterling discloses the device of claim 12.
Oosterling discloses wherein the control arrangement is configured to separately control the flow directing arrangement for each of the teat cups to fluidly connect each of the teat cups separately via the inlet arrangement with either the first outlet arrangement or the second outlet arrangement, based on the individual milk parameters of the milk flowing from a given said teat cup (page 10, line 37 – page 11, line 7, “The milking cups 101 are each connected, by means of a milking hose 102 via a change-over valve 106, to either a discharge line 103 or a milking line 104. The change-over valves 106 are combined in a first valve block 105 and are actuated by means of a control system 108. In each milking stall, there is an identification system 107, with which the identity of the animal present can be established in a known way, for example by recognition of a transponder which the animal is wearing,” page 12, lines 6-17, page 14, lines 5-13).
Regarding claim 14, Oosterling discloses the device of claim 13.
Oosterling discloses wherein the control arrangement is configured be able to put the flow directing arrangement in a shut off position, such that the at least one teat cup is fluidly connected via the inlet arrangement with neither the first outlet arrangement nor the second outlet arrangement (page 10, line 37 – page 11, line 7, page 12, lines 6-17, page 14, lines 5-13).
Regarding claim 15, Oosterling discloses a milking installation configured to milk animals (Fig. 6), the milking installation comprising:
a plurality of milking positions configured to milk one of the animals at a time (milking stalls P, Q, R; Fig. 6), each of the milking positions comprising:
a plurality of teat cups (milking cups 101; Fig. 6);
a plurality of milk conduits, each said milk conduit connected to a respective one of the teat cups (Fig. 6 shows each milking position P, Q, R has several milking cups 101 connected individually through milk hoses 102), each of the milk conduits including a milk sensor configured to sense at least one milk parameter of the milk flowing through the milk conduit that can be used to determine whether the milk flowing through the conduit is suitable for human consumption (page 12, lines 6-17, page 14, lines 5-13); and
a flow directing arrangement, comprising a valve manifold that comprises a plurality of valves (first valve block 105, change-over valves 106; Fig. 6), each of the valves having an inlet connected to a respective one of the milk conduits (Fig. 6 shows each valve 106 has a first inlet connected to a milking hose 102), each of the valves further comprising first and second outlets (Fig. 6 shows each valve 106 has a first outlet connected to milking line 104 and a second outlet connected to discharge line 103);
a first milk receiver connected by a first common milk line to each of the first outlets of the valves (milking line 104 to fourth storage receptacle 120; Fig. 6);
a second milk receiver connected by a second common milk line to each of the second outlets of the valves (discharge line 103 to discharge vessel 116; Fig. 6);
a vacuum system connected to the first and second milk receivers (vacuum vessel 121, vacuum pump 122; Fig. 6); and
a control arrangement connected to each of the milk sensors and to each of the valves (control unit 108; Fig. 6),
wherein the control arrangement is configured to control each of the valves of the valve manifold of the flow directing arrangement to control whether the inlet of a given said valve is fluidly connected to the first outlet or the second outlet of the given valve based on whether the at least one parameter associated with the milk flowing to the given valve indicates that the milk is suitable for human consumption (page 10, line 37 – page 11, line 3; page 12, lines 6-17, page 14, lines 5-13), such that the milk received in a given said teat cup is passed to the first milk receiver if said milk is suitable for human consumption (page 13, line 38 – page 14, line 13, “The best milk is stored in the fourth storage receptacle 120. This milk is then not mixed with milk from infected cows and consequently has an improved shelf life or can be more successfully processed in the milk factory. Therefore, an improvement in quality is achieved by storing the milk separately. The decision as to which of the storage tanks the milk is to be stored in is taken in the control unit 108. In the exemplary embodiment described above, it is possible to select the first storage tank 117 and the third storage tank 119 on the basis of the identity of the animal to be milked, if appropriate in combination with a measurement by the sensor 110, with which, for example, the conductivity of the milk is measured”), and the milk received in a given said teat cup is passed to the second milk receiver if said milk is not suitable for human consumption (page 12, line 31 – page 13, line 9, “The device operates as follows: an animal which is to be milked enters a milking stall, for example the first milking stall P, where it is identified by the identification system 107. The milking cups 101 are connected to the teats of the udder. The change-over valves 106 are set in such a manner that the milking hose 102 is connected to the discharge vessel 116. After milking has started, so that a pulsating movement is exerted on the teats in the milking cups 101 in a known way, the first jets of milk flow out of a teat to the discharge vessel 116 under the influence of the subatmospheric pressure prevailing in the discharge vessel 116. This first milk usually contains contaminants, such as dried milk and bacteria, and is therefore discharged separately. If appropriate, water is metered into the milking cup 101, by means of which water this contaminated first milk is rinsed out of the milking hose 102”), and
wherein the milking installation is configured so that the milk is directly conducted from a given said teat cup to one of the first and second milk receivers, without temporarily storing milk at the milking positions (page 11, lines 7-11; page 11, lines 14-22).
Regarding claim 16, Oosterling discloses the device of claim 15.
Oosterling discloses wherein the control arrangement is further configured to control whether a given said valve is placed in a shut off position, in which the inlet of the given valve is connected neither to the first outlet nor the second outlet of the given valve (page 10, line 37 – page 11, line 7, page 12, lines 6-17, page 14, lines 5-13).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Oosterling (WO 0035271 A1) as applied to claim 1.
Regarding claim 5, Oosterling discloses the device of claim 1, however, the first embodiment of Oosterling (Fig. 6) fails to specifically disclose a milk cooling tank, wherein the first milk receiver is fluidly connected to the milk cooling tank.
The second embodiment of Oosterling (Fig. 1) discloses comprising a milk cooling tank (cooling chamber A; Fig. 1), wherein the first milk receiver (milk tank 11; Fig. 1) is fluidly connected to the milk cooling tank (page 8, lines 35-37, “he milk tank 11 is in the cooling chamber A, and the port 29 which corresponds to the milk inlet 13 and milk discharge 14”).
Therefore, it would have been obvious to one of ordinary skill in the art of milking before the effective filing date of the claimed invention to modify the device of the first embodiment of Oosterling to include a milk cooling tank, wherein the first milk receiver is fluidly connected to the milk cooling tank, as taught by the cooling tank of the second embodiment of Oosterling. The cooling tank would ensure that the milk in the milk tank is immediately at the correct storage temperature, which is of benefit to the quality of the milk. The modification would have a reasonable expectation of success.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Oosterling (WO 0035271 A1) as applied to claim 1, and further in view of van den Berg (WO 2017034396 A1).
Regarding claim 7, Oosterling discloses the device of claim 1, however, Oosterling fails to specifically disclose comprising a holding area configured to temporarily house a group of the animals prior to being milked, wherein each said milking position of the number of milking positions is arranged with direct access from the holding area.
Van den Berg teaches a holding area configured to temporarily house a group of the animals prior to being milked, wherein each said milking position of the number of milking positions is arranged with direct access from the holding area (Fig. 1 shows animals housed in holding area with direct access to milking stations 10)
Therefore, it would have been obvious to one of ordinary skill in the art of milking before the effective filing date of the claimed invention to modify the device of Oosterling to include a holding area configured to temporarily house a group of the animals prior to being milked, wherein each said milking position of the number of milking positions is arranged with direct access from the holding area, as taught by holding area of van den Berg. The holding area would allow for animals to be accommodated in a large area prior to milking, which would increase the number of animals the system could process, which would increase the potential supply of milk. The modification would have a reasonable expectation of success.
Regarding claim 8 Oosterling in view of van den Berg discloses the device of claim 7, and furthermore, the modified reference teaches wherein the holding area is configured for the group of the animals to move freely therein (van den Berg; Fig. 1).
Response to Arguments
Applicant’s arguments filed 09/04/2025 have been considered but are moot because the new ground of rejection necessitated by the amended claims does not rely on any structure applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, the second valve block structure 112 is no longer relied upon to disclose the valve manifold as currently claimed, but instead, the first valve block structure 105 is relied upon to disclose the amended subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Van de Meerendonk, US 20210137066 A1, discusses a milking system.
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.
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/S.T.C./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642