DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim status
2. In response to the amendments filed 09/04/2026, claims 1-2, 4-5 and 7-22 were canceled, and new claims 23-38 were added. Therefore, claims 23-38 are currently pending for examination.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
5. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “communication unit configured to - corresponding to element 180 in Fig. 5” and “control unit is configured to – corresponding to element 400 in Fig. 5” in claims 23 and 35-38.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
6. 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 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.
7. 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.
8. Claims 23-26, 29, 31 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (Yang; US 2020/0383298) in view of Bits (DE 202010008325U1; machine translation is used).
For claim 23, Yang discloses an electronic ear tag for attachment to an ear of livestock [E.g. 0014: FIG. 1A shows a perspective view of an ear tag module of an embodiment of the disclosure. FIG. 1B shows an exploded perspective view of the ear tag module of FIG. 1A. FIG. 1C shows a cross-sectional view of the ear tag module of FIG. 1A penetrating an ear], the electronic ear tag comprising:
at least one temperature sensor [Fig. 1C: temperature sensor 140a];
a processor cooperative with said at least one temperature sensor so as to receive temperature measurements from said at least one temperature sensor [E.g. 0017, 0015, 0043];
a heat transfer element [Fig. 1C: first housing portions 112a] of a pipe form adapted to be inserted into an ear hole of the livestock [E.g. 0015: an ear tag module 100a includes a rod member 110a, a spike 120, a circuit component 130a, and a temperature sensor 140a. The rod member 110a includes at least one first housing portion and a second housing portion 114 connected to the first housing portions 112a. The spike 120 is disposed on one side 111 of the rod member 110a, and the circuit component 130a is disposed on another side 113 of the rod member 110a. The temperature sensor 140a is electrically connected to the circuit component 130a. When the spike 120 penetrates an ear 10, the ear 10 is in direct contact with at least the first housing portions 112a of the rod member 110a, and the temperature sensor 140a is located in the rod member 110a to detect the temperature of the ear 10 and transmit at least one temperature sensing information to the circuit component 130a; 0028: when the spike 120 penetrates the ear 10 and the accommodating housing 160d is removably assembled in the rod member 110d, the assembly member 164d enters the rod member 110d from the other side 113 of the rod member 110d and is in contact with the first housing portion 112d of the rod member 110d, and the temperature sensor 140d is located in the rod member 110d. At this time, the cover 162d of the accommodating housing 160d may bear the sleeve member 150d. The temperature sensor 140d located in the assembly member 164d via the rod member 110d may quickly and accurately detect the temperature of the ear 10 of the livestock via the heat transfer of the first housing portion 112d and the assembly member 164d. Here, when the spike 120 penetrates the ear 10, the rod member 110d passes through the fixing portion 184 of the label component 180, and the ear 10 is located between the spike 120 and the label component 180; Figs. 1C, 4 and 5], said heat transfer area adapted to contact an inner wall of the ear hole of the livestock, the heat transfer area being formed of a heat conductive material [E.g. 0016: the rod member 110a of the present embodiment is formed by two materials, wherein the plurality of first housing portions 112a are separated from each other, and the thermal conductivity of the first housing portions 112a is greater than the thermal conductivity of the second housing portion 114. In an embodiment, the total area of the first housing portions 112a is smaller than the total area of the second housing portion 114, so that the rod member 110a has better coating structure strength and lighter weight. In particular, the material of the first housing portions 112a and the material of the second housing portion 114 of the rod member 110a are both biocompatible. For example, the material of the first housing portions 112a is, for example, stainless steel, titanium, cobalt, or ceramic, and the material of the second housing portion 114 is, for example, thermoplastic urethane (TPU), but the disclosure is not limited thereto. The material of the spike 120 is, for example, a metal with biocompatibility, and one side of the spike 120 is embedded in one side of the rod member 110a and fixed on the rod member 110a, 0021: the first housing portions 112a of the rod member 110a having a high thermal conductivity are in direct contact with the ear 10, and the temperature sensor 140a located in the rod member 110a may more quickly and accurately detect the body temperature of livestock via the first housing portions 112a. In other words, the ear tag module 100a of the present embodiment may provide instant feedback on the physiological state of livestock, 0026-0028, 0030; Figs. 4-5], said at least one temperature sensor measuring a temperature of the heat transfer area, said at least one temperature sensor contacting the heat transfer area [E.g. 0021, 0028, 0030-0031; Figs. 1C; 4 and 5]; and
a communication unit connected to said processor, said communication unit configured to send data by radio frequencies [E.g. 0017: the electronic components 134 may be, for example, radio frequency transceivers transmitting signals].
Yang fails to expressly disclose that said heat transfer element having a continuous circumferential heat transfer area.
Although Yang fails to expressly disclose that said heat transfer element having a continuous circumferential heat transfer area, Yang teaches a heat transfer element having a heat transfer areas [E.g. 0015-0016, 0021; also see analysis above]. However, having the heat transfer element having a continuous circumferential heat transfer area fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang to have the heat transfer element having a continuous circumferential heat transfer area in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Yang.
Yang further fails to expressly disclose a three-axis acceleration sensor; and a processor cooperative with said three-axis acceleration sensor so as to receive movement measurements from said three-axis acceleration sensor.
However, as shown by Bits, it was well known in the art of animals sensors to include a three-axis acceleration sensor; and a processor cooperative with said three-axis acceleration sensor so as to receive movement measurements from said three-axis acceleration sensor [E.g. 0010, 0004-0005, 0038].
It would have been obvious to one of ordinary skill in the art of animals tags before the effective filling date of the claimed invention modify Yang with the teaching of Bits because measuring the physical activity of the animal in addition to its temperature will provide a better picture of the animal health and thereby improve the overall monitoring of the animals, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 24, Yang discloses wherein the heat transfer area is between one end of said heat transfer element and another end of said heat transfer element [E.g. 0015: The rod member 110a includes at least one first housing and a second housing portion 114 connected to the first housing portions 112a. The spike 120 is disposed on one side 111 of the rod member 110a, and the circuit component 130a is disposed on another side 113 of the rod member 110a; Figs. 1C, 4 and 5].
For claim 25, Yang discloses wherein said at least one temperature sensor and said processor are positioned on an electronic board [E.g. 0017].
For claim 26, Yang in view of Bits further teaches wherein said processor sends measurements received from said at least one of the temperature sensor [E.g. Yang; 0015, 0017] and said three-axis acceleration sensor via said communication unit [E.g. Bits; 0010, 0005, 0038].
For claim 29, Yang discloses wherein an isolation layer encircles the electronic board [E.g. 0018: casing 150 and 160a].
For claim 31, discloses a battery connected to said processor so as to provide power to said processor [E.g. 0025].
For claim 34, Yang discloses at least one transceiver communicating with the electronic ear tag by radio frequencies; and a control unit cooperative with said at least one transceiver so as to receive measurements sent by the electronic ear tag [E.g. 0015-0017, 0003, 0005]..
9. Claims 28, 32-33 and 35-37 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Bits and further in view of Brandao et al. (Brandao; US Pat. No. 9,848,577).
For claim 28, Yang in view of Bits fails to expressly disclose wherein said at least one temperature sensor has a medium temperature sensor adapted to measure medium temperature.
However, as shown by Brandao, it was well known in the art of animals tags to include sensor unit comprises a medium temperature sensor for measuring a medium temperature (E.g. claim 1; col 5, lines 32-43).
It would have been obvious to one of ordinary skill in the art of animals tags before the effective filling date of the claimed invention modify Yang in view of Bits with the teaching of Brandao in order to provide a more accurate monitoring of the animal temperature which is crucial for assessing animal health, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 32, Yang in view of Bits fails to expressly disclose a wireless charge interface cooperative with said battery SO as to charge said battery.
However, as shown by Brandao, it was well known in the art of providing power to include a wireless charge interface cooperative with said battery SO as to charge said battery (E.g. Col 9, line 63 – Col 10, line 3).
It would have been obvious to one of ordinary skill in the art of providing power before the effective filling date of the claimed invention modify Yang in view of Bits with the teaching of Brandao in order to provide a system that does not require battery replacement and thereby ensuring constant power supply, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 33, Yang in view of Bits fails to expressly disclose wherein said processor has a sleep mode, the sleep mode being when no measurements are received from said at least one temperature sensor or said three-axis acceleration sensor.
However, as shown by Brandao, it was well known in the art of providing power to include processor unit configured to operate in sleep mode in cases where no measurement signal are received from at least one sensor (E.g. Col 7, lines 44-58).
It would have been obvious to one of ordinary skill in the art of providing power before the effective filling date of the claimed invention modify Yang in view of Bits with the teaching of Brandao in order to reduce power consumption, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 35, Yang in view of Bits fails to expressly disclose wherein said control unit is configured to determine a distance of the electronic ear tag with respect to said at least one transceiver in accordance with a power of a signal received by said at least one transceiver from the electronic ear tag and to determine a current position in accordance with the determined distance.
However, as shown by Brandao, it was well known in the art of animals tags to include a control unit configured to determine distance of an electronic ear tag with respect to a transceiver unit in accordance with power of the signal received by the transceiver unit from the electronic ear tag and to determine a current position in accordance with the determined distance (E.g. Col 6, lines 44-50, Col 13, line 32 – Col 14, line 11; Fig. 1).
It would have been obvious to one of ordinary skill in the art of animals tags before the effective filling date of the claimed invention modify Yang in view of Bits with the teaching of Brandao in order to accurately determine the location of the tagged animal and thereby improve the overall locating system, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 36, Yang in view of Bits fails to expressly disclose wherein said at least one transceiver comprises at least a pair of transceivers, said control unit is configured to determine a distance of the electronic ear tag with respect to the at least a pair of transceivers in accordance with a power of a signal received by said at least one transceiver from the electronic ear tag and to determine a current position in accordance with the determined distance.
However, as shown by Brandao, it was well known in the art of animals tags to include at least a pair of transceivers, said control unit is configured to determine a distance of the electronic ear tag with respect to the at least a pair of transceivers in accordance with a power of a signal received by said at least one transceiver from the electronic ear tag and to determine a current position in accordance with the determined distance (E.g. Col 6, lines 44-50, Col 13, line 32 – Col 14, line 11; Fig. 1).
It would have been obvious to one of ordinary skill in the art of animals tags before the effective filling date of the claimed invention modify Yang in view of Bits with the teaching of Brandao in order to accurately determine the location of the tagged animal and thereby improve the overall locating system, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 37, Yang in view of Bits fails to expressly disclose wherein said control unit is configured to generate a signal relative to a body temperature and a rut period of the livestock.
However, as shown by Brandao, it was well known in the art of animals tags to include a control unit configured to generate a signal relative to a body temperature and a rut period of the livestock (E.g. Col 5, lines 36-41, Col 6, lines 18-62, Col 9, line 48 – Col 10, line 25).
It would have been obvious to one of ordinary skill in the art of animals tags before the effective filling date of the claimed invention modify Yang in view of Bits with the teaching of Brandao in order to accurately determine the animal health condition by preciously determine its temperature and rut period so that a better picture of the animal health is provided, also it is merely combining prior art elements according to known methods to yield predictable results.
10. Claims 27, 30 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Bits and further in view of admitted prior art (“APA”).
For claim 27, Yang in view of Bits fails to expressly disclose wherein said processor sends measurements after said processor receives a predetermined number of measurements.
Examiner took official notice in the action mailed 8 June 2026, to the fact that it is old and a known expedient in the art of measurement to have a processor that sends measurements when the processor receives a predetermined number of measurements. As per MPEP § 2144.03(C), the statement that it is old and a known expedient in the art of measurement having a processor sends measurements after the processor receives a predetermined number of measurements is taken to be admitted prior art (APA) because Applicant failed to traverse the assertion of official notice or the traverse was inadequate because Applicant's response or remarks fails to reference Examiner's assertion of official notice. Reliance on APA does not constitute new ground(s) of rejection.
Therefore, it would have been obvious to one of ordinary skills in the art of measurement before the effective filing date of the claimed invention to modify Yang in view of Bits to include the teaching of APA because it offer better resource utilization and reduce overall power consumption.
For claim 30, Yang in view of Bits fails to expressly disclose wherein said at least one temperature sensor comprises a plurality of temperature sensors cooperative with said heat transfer element so as to take measurements from different points of the continuous circumferential heat transfer area.
Examiner took official notice in the action mailed 8 June 2026, to the fact that it is old and a known expedient in the art of temperature measurement to have pluralities of temperature sensors provided for making measurements from different points on a heat transfer area. As per MPEP § 2144.03(C), the statement that it is old and a known expedient in the art of temperature measurement that having pluralities of temperature sensors provided for making measurements from different points on a heat transfer area is taken to be admitted prior art (APA) because Applicant failed to traverse the assertion of official notice or the traverse was inadequate because Applicant's response or remarks fails to reference Examiner's assertion of official notice. Reliance on APA does not constitute new ground(s) of rejection.
Therefore, it would have been obvious to one of ordinary skills in the art of temperature measurement before the effective filing date of the claimed invention to modify Yang in view of Bits to include the teaching of APA because it offer enhanced measurement accuracy.
Furthermore, Yang in view of Bits and APA fails to expressly disclose that the measurements from different points are from a continuous circumferential heat transfer area.
Although Yang in view of Bits and APA fails to expressly disclose that the measurements from different points are from a continuous circumferential heat transfer area, Yang in view of Bits and APA teaches pluralities of temperature sensors provided for making measurements from different points on a heat transfer area [see analysis above]. However, having the measurements from different points are from a continuous circumferential heat transfer area fails to yield unexpected results; it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang in view of Bits and APA to have the measurements from different points are from a continuous circumferential heat transfer area in order to satisfy system needs and/or environment requirement, also because such modification would have been considered a mere design consideration which fails to patentable distinguish over Yang in view of Bits and APA.
For claim 38, Yang in view of Bits fails to expressly disclose wherein said control unit is configured to generate a signal relative to a body temperature and a rut period of the livestock.
Examiner took official notice in the action mailed 8 June 2026, to the fact that it is old and a known expedient in the art of machine learning to have a control unit configured to generate signal by means of machine learning in accordance with taken measurements. As per MPEP § 2144.03(C), the statement that it is old and a known expedient in the art of machine learning that having a control unit configured to generate signal by means of machine learning in accordance with taken measurements is taken to be admitted prior art (APA) because Applicant failed to traverse the assertion of official notice or the traverse was inadequate because Applicant's response or remarks fails to reference Examiner's assertion of official notice. Reliance on APA does not constitute new ground(s) of rejection.
Therefore, it would have been obvious to one of ordinary skills in the art of machine learning before the effective filing date of the claimed invention to modify Yang in view of Bits to include the teaching of APA in order to improve user engagement and overall communication experience.
Response to Remarks
11. The Applicant's remarks regarding the rejection have been considered but are moot because the arguments do not apply to the new ground of rejection.
Conclusion
12. 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 extension fee 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 date of this final action.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED BARAKAT whose telephone number is (571)270-3696. The examiner can normally be reached on 9:00am-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED BARAKAT/
Primary Examiner, Art Unit 2689
