DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is the first Office Action on the merits. Claims 1-24 are currently pending, with claims 15-24 withdrawn from consideration and claims 1-14 considered.
Election/Restrictions
Claims 15-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/01/2025.
Claim Rejections - 35 USC § 112(b)
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.
Claim 14 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 14 is indefinite because it is unclear whether the carrier recited in claim 1 is part of “a plurality of carriers” recited in line 1.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al. (CN 108617545 A), hereafter referred to as “Zhou”.
Regarding claim 1, Zhou discloses a tracking system (figs. 1-2, 5), comprising:
a transmitter (tracker including elements 1, 2, 3; see attached machine translation, paragraphs [0004], [0007], [0009], [0013], [0013]-[0015], [0053]); and
a carrier (5; machine translation, paragraphs [0066]-[0067] and figs. 2 and 5) including:
a carrier body (5; fig. 5) with a receptacle (5; machine translation, paragraph [0067]) that removably receives the transmitter (machine translation, paragraph [0066]); and
a mount (machine translation, paragraphs [0067]-[0068] teaching a groove) coupled to the carrier body (machine translation, paragraph [0067]-[0068]) and securable to a subject to be tracked (machine translation, paragraph [0067] teaching that element 5 attached to a bird in a “backpack” manner as shown in fig. 5).
Regarding claim 2, Zhou discloses the tracking system of claim 1, and further discloses that the carrier (5) is designed for use with a particular type of subject to be tracked (machine translation, paragraph [0015]).
Regarding claim 3, Zhou discloses the tracking system of claim 2, and further discloses that the transmitter (tracker including elements 1, 2, 3; see attached machine translation, paragraphs [0004], [0007], [0009], [0013], [0013]-[0015], [0053]) has a configuration that enables it to be used with a plurality of different carriers (machine translation, paragraphs [0004], [0007], [0009], [0013], [0013]-[0015] teaching standard, existing transmitters to be used with a plurality of different carriers as shown in multiple embodiments of figs. 1-8) designed for use with a plurality of different subjects to be tracked (machine translation, paragraphs [0011], [0015], [0018], and [0063]).
Regarding claim 4, Zhou discloses the tracking system of claim 1, and further discloses that the subject to be tracked is an animal (fig. 5 and machine translation, paragraph [0015]).
Regarding claim 5, Zhou discloses the tracking system of claim 1, and further discloses that the animal is a bird (fig. 5 and machine translation, paragraph [0015]).
Regarding claim 6, Zhou discloses the tracking system of claim 5, and further discloses that the carrier body (5) and the transmitter (1, 2, 3) has shapes that prevent features of the bird from obstructing a solar panel (2) of the transmitter (fig. 2; machine translation, paragraph [0055]).
Regarding claim 7, Zhou discloses the tracking system of claim 1, and further discloses that the carrier body (5) includes a mounting surface (bottom surface of 5; fig. 2) positionable against a surface of the subject to be tracked (where element 5 is mounted in a manner similar to fig. 5, machine translation, paragraphs [0067] and [0055]).
Regarding claim 8, Zhou discloses the tracking system of claim 7, and further discloses that a shape of the mounting surface (bottom surface of 5, fig. 2) is tailored to be positioned on the surface of the subject to be tracked (where element 5 is mounted in a manner similar to fig. 5, machine translation, paragraphs [0067] and [0055]).
Regarding claim 12, Zhou discloses the tracking system of claim 1, and further discloses that the transmitter (1, 2, 3) snaps into the receptacle of the carrier body (5; fig. 2 and machine translation, paragraphs [0067]-[0068]).
Regarding claim 13, Zhou discloses the tracking system of claim 12, and further discloses that the carrier (5) further comprises: a fastener (machine translation, paragraphs [0067]-[0068] teaching an extended protrusion) that further couples the transmitter (1, 2, 3; fig. 2) to the carrier body (machine translation, paragraph [0067]).
Regarding claim 14, Zhou discloses the tracking system of claim 1, and further discloses a plurality of carriers of different configurations (figs. 1-8) that enable the transmitter to be used with a corresponding plurality of different types of subjects (fig. 1-8 disclosing various carriers, machine translation, paragraphs [0058]-[0059], [0060], [0066]-[0074]).
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.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou as applied to claim 7 above, and further in view of Shi et al. (CN 214407511 U), hereafter referred to as “Shi”.
Regarding claim 9, Zhou teaches the tracking system of claim 7, but does not explicitly teach that the carrier body spaces the mounting surface apart from the surface of the subject to be tracked.
Shi teaches a tracking system (figs. 1-10) including a carrier body (1; fig. 4) spacing a mounting surface (bottom surface of 1; fig. 4) apart from a surface of a subject to be tracked (via elements 10; fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Shi, such that the carrier body spaces the mounting surface apart from the surface of the subject to be tracked, as taught by Shi, in order to provide ventilation between the tracker and the bird’s skin, mitigating wear on the skin (see attached machine translation of Shi, page 3, paragraph 2).
Regarding claim 10, the combined teachings of Zhou in view of Shi teach the tracking system of claim 9, and further teaches that the carrier body (5 of Zhou) reduces thermal conductivity between the transmitter (1, 2, 3 of Zhou) and the subject (via elements 10 as relied on Shi; fig. 4 of Shi).
Regarding claim 11, the combined teachings of Zhou in view of Shi teach the tracking system of claim 9, and further teaches that the carrier body (5 of Zhou) thermally isolates the transmitter from the subject (via elements 10 as relied on Shi; fig. 4 of Shi and machine translation of Shi, page 3, paragraph 2).
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
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/H.J.B./Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643