DETAILED ACTION
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
Claims 1-2, 4-5 and 7-22 are currently pending for examination.
Claim Objections
Claim 1 is objected to because of the following informalities: the word “and” in line 2 should be deleted . Appropriate correction is required.
Claim Interpretation
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.
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.
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: “processor unit configured to - corresponding to element 130 in Fig. 5”, “transceiver unit configured to – corresponding to element 300 in Fig. 5”, “control unit is configured to – corresponding to element 400 in Fig. 5” in claims 1, 8, 9, 16-22.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, the phrase "wherein the heat transfer element the heat transfer area is positioned…" renders the claim indefinite because it is unclear whether the intentions are that the “the heat transfer element” or “the heat transfer area” is positioned between the opposite ends. The scope of the claim could not be determined. See MPEP § 2173.05(d).
Regarding claim 19, the claim recite a single “the transceiver unit” after reciting “at least two transceiver unit”, it is not clear whether the Applicant intended to claim that each transceiver unit receive the signal or at least one of the transceiver unit receive the signal. See MPEP § 2173.05(d).
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 1-2, 4, 7-8, 12, 14 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (Yang; US 2020/0383298).
For claim 1, Yang discloses an electronic ear tag for fixing to the ears 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] and, the electronic ear tag comprising:
at least one temperature sensor [Fig. 1C: temperature sensor 140a];
a processor unit configured 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] which has a heat transfer area [see Figs. 1A and 1C] arranged to contact the ear 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 (schematically showing a plurality of first housing portions 112a) 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, 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, and may achieve precise livestock farming (PLF)], wherein said heat transfer element comprises a rod [E.g. 0015: rod member 110a], and wherein the heat transfer area comprises a heat conductive material and extends around an entire circumference of the heat transfer element [E.g. 0016: 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; as shown in Fig. 1A and 1B the first housing portions 112a are distributed around circumference of the rod member 110a];
a communication unit in communication with the processor unit and configured to send data by radio waves [E.g. 0017: the electronic components 134 may be, for example, radio frequency transceivers transmitting signals]; and
wherein said temperature sensor is provided in an associated manner to the heat transfer element for measuring the temperature of said heat transfer area [E.g. 0015: 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, 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, and may achieve precise livestock farming (PLF), 0032] .
For claim 2, Yang discloses wherein said temperature sensor contacts the heat transfer area [Fig. 1C: element 140a contacting elements 112a; 0021].
For claim 4, Yang discloses wherein said heat transfer element is hollow [E.g. 0028, 0030, Figs. 4-5; the rod member 110d/110e receive member 164d/164e, it is inherent that a rod that receive the members is hollow] .
For claim 7, Yang discloses wherein said temperature sensor and said processor unit are provided on an electronic board [E.g. 0017].
For claim 8, Yang discloses wherein the electronic ear tag comprises a sensor unit associated with the processor unit and comprising at least one sensor, the processor unit is configured to send the measurements received from at least one of the temperature sensor and the sensor unit by means of the communication unit [E.g. 0024-0025, 0017-0018].
For claim 12, Yang discloses wherein an isolation layer is provided for encircling said electronic board [E.g. 0018: casing 150 and 160a].
For claim 14, Yang discloses wherein a battery is provided for providing power to electronic components [E.g. 0025].
For claim 17, Yang discloses an animal tracking system for tracking livestock, wherein said animal tracking system comprises: at least one electronic ear tag according to claim 1; at least one transceiver unit configured to communicate with the electronic ear tag by radio waves; and a control unit associated with the transceiver unit for receiving the measurements sent by the electronic ear tag [E.g. 0015-0017, 0003, 0005].
Claim Rejections - 35 USC § 103
12. 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.
13. 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.
14. Claims 5, 10-11, 15-16, 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Brandao et al. (Brandao; US Pat. No. 9,848,577).
For claim 5, Yang fails to expressly disclose wherein opposing ends of the heat transfer element comprise a heat insulator material, wherein the heat transfer element the heat transfer area is positioned between the opposing ends.
However, as shown by Brandao, it was well known in the art of animals tags to include wherein opposing ends of the heat transfer element comprise a heat insulator material, wherein the heat transfer element the heat transfer area is positioned between the opposing ends (E.g. Col 5, line 65 – Col 6, line 17; the ear aperture 165 is part of the shaft assembly “heat transfer element”, this addresses the heat insulator material at opposing ends).
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 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 10, Yang fails to expressly discloses wherein said sensor unit comprises a medium temperature sensor for measuring a 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 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 11, Yang fails to expressly discloses wherein said sensor unit comprises an acceleration sensor.
However, as shown by Brandao, it was well known in the art of animals tags to include a sensor unit that comprises an acceleration sensor (E.g. 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 with the teaching of Brandao because acceleration sensors can detect behavioral changes in animals, which can indicate health issues or changes in behavior patterns and thereby the user can act accordingly, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 15, Yang fails to expressly disclose wherein a wireless charge interface is provided in order to provide charging of said battery.
However, as shown by Brandao, it was well known in the art of providing power to include a wireless charge interface is provided in order to provide charging of a 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 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 16, Yang fails to expressly disclose wherein the processor unit is configured to operate in sleep mode in cases where no measurement signal comes from the sensors.
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 comes from a sensors (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 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 18, Yang fails to expressly disclose wherein the control unit is configured to determine the distance of the electronic ear tag with respect to the transceiver unit in accordance with the 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.
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 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 19, Yang fails to expressly disclose wherein at least two transceiver units are provided; the control unit is configured to determine the distance of the electronic ear tag with respect to the transceiver unit in accordance with the power of the signal received by the transceiver unit from the electronic ear tag and to determine a current position related to the electronic ear tag by using the determined distances.
However, as shown by Brandao, it was well known in the art of animals tags to include at least two transceiver units are provided; control unit is configured to determine distance of an electronic ear tag with respect to transceiver unit in accordance with the power of the signal received by the transceiver unit from the electronic ear tag and to determine a current position related to the electronic ear tag by using the determined distances (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 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 20, Yang fails to expressly disclose wherein the electronic ear tag comprises a sensor unit associated with the processor unit and comprising at least one sensor, the processor unit is configured to send the measurements received from at least one of the temperature sensor and the sensor unit by means of the communication unit, wherein said sensor unit comprises a medium temperature sensor for measuring the medium temperature, wherein the control unit is configured to generate signal related to body temperature and rut period of the animal, to which the electronic ear tag is fixed, in accordance with the medium temperature measurements received from the medium temperature sensor and the temperature measurements received from the temperature sensor.
However, as shown by Brandao, it was well known in the art of animals tags to include an electronic ear tag comprises a sensor unit associated with a processor unit and comprising at least one sensor (E.g. Col 5, lines 32-36), the processor unit is configured to send measurements received from at least one of temperature sensor and sensor unit by means of communication unit (E.g. Col 1, lines 45-48), wherein said sensor unit comprises a medium temperature sensor for measuring the medium temperature (E.g. Col 5, lines 32-44), wherein the control unit is configured to generate signal related to body temperature and rut period of the animal, to which the electronic ear tag is fixed, in accordance with the medium temperature measurements received from the medium temperature sensor and the temperature measurements received from the temperature sensor (E.g. Col 5, lines 36-41, Col 6, lines 18-62)
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 Brandao in order to accurately determine the animal health condition by preciously determine its temperature by taking into consideration ambient temperature conditions, also it is merely combining prior art elements according to known methods to yield predictable results.
For claim 21, Yang fails to expressly disclose wherein said electronic ear tag comprises a sensor unit associated with the processor unit and comprising at least one sensor, the processor unit is configured to send the measurements received from at least one of the temperature sensor and the sensor unit by means of the communication unit, wherein said sensor unit comprises a medium temperature sensor for measuring the medium temperature, wherein said sensor unit comprises an acceleration sensor; wherein the control unit is configured to generate signal related to the rut period, body temperature, movement condition of the animal, to which the electronic ear tag is fixed, in accordance with the medium temperature measurements received from the medium temperature sensor, acceleration measurements received from the acceleration sensor and temperature measurement received from the temperature sensor.
However, as shown by Brandao, it was well known in the art of animals tags to include an electronic ear tag comprises a sensor unit associated with processor unit and comprising at least one sensor (E.g. Col 5, lines 32-36), the processor unit is configured to send measurements received from at least one of temperature sensor and the sensor unit by means of the communication unit (E.g. Col 1, lines 45-48), wherein said sensor unit comprises a medium temperature sensor for measuring the medium temperature (E.g. Col 5, lines 32-44), wherein said sensor unit comprises an acceleration sensor (E.g. Col 9, line 48 – Col 10, line 25); wherein the control unit is configured to generate signal related to the rut period, body temperature, movement condition of the animal, to which the electronic ear tag is fixed, in accordance with the medium temperature measurements received from the medium temperature sensor, acceleration measurements received from the acceleration sensor and temperature measurement received from the temperature sensor (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 with the teaching of Brandao in order to accurately determine the animal health condition by preciously determine its temperature by taking into consideration ambient temperature conditions, also it is merely combining prior art elements according to known methods to yield predictable results.
15. Claims 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Official Notice.
For claim 9, Yang fails to expressly disclose wherein the processor unit is configured to realize the measurement sending process when it receives predetermined numbers of measurements.
However, examiner takes official notice that having a processor unit configured to realize measurement sending process when it receives predetermined numbers of measurements is well-known in the art of measurement and would have been obvious to one of ordinary skill in the art because it offer better resource utilization and reduce overall power consumption.
For claim 13, Yang fails to expressly disclose wherein pluralities of temperature sensors are provided for making measurements from different points on the heat transfer area.
However, examiner takes official notice that having pluralities of temperature sensors provided for making measurements from different points on a heat transfer area is well-known in the art of temperature measurement and would have been obvious to one of ordinary skill in the art because it offer enhanced measurement accuracy.
16. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Brandao and further in view of Official Notice..
For claim 22, Yang in view of Brandao fails to expressly disclose wherein the control unit is configured to generate signal by means of machine learning in accordance with the taken measurements.
However, examiner takes official notice that having a control unit configured to generate signal by means of machine learning in accordance with taken measurements is well-known in the art of machine learning and would have been obvious to one of ordinary skill in the art because machine learning would provide continuous Learning and self-Optimization.
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: see PTO-892 Notice of Reference Cited.
18. 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
Prosecution Insights