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 .
Claims 1-24 are currently pending, with claims 15-24 withdrawn from consideration and claims 1-14 considered.
Claim Objections
The claims objected to because of the following informalities:
Claim 12, “into receptacle” should read “into a receptacle”.
Appropriate correction is required.
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.
Claim 9-11 are 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 9 is indefinite because it appears that a word is missing between “the plurality of mounts” and “the carrier”. It is unclear what the limitation is requiring. One of ordinary skill in the art would not be able to reasonably ascertain the metes and bounds of the claimed subject matter.
In view of the rejections above under 35 USC § 112, claims 10-11, dependent on rejection claim 9, are rejected the same.
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, 8; machine translation, paragraphs [0066]-[0067] and figs. 2 and 5) including:
a frame (8; fig. 5) securable to a subject to be tracked (fig. 5) while exposing surfaces of the subject to be tracked located beneath the transmitter (e.g., figs. 2 and 5 showing openings 7 that expose surfaces of a subject located beneath elements 1, 2, and 3); and
a plurality of mounts protruding upwardly from the frame that removably receive the transmitter (machine translation, paragraphs [0067]-[0068] teaching a upright portion of element 5 that is a snap-fit, and fig. 2 showing that there are two elements 5 that snap in to secure element 1).
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 frame of the carrier (5, 8) and the transmitter (1, 2, 3) have 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 frame of the carrier (5, 8) includes a mounting surface (bottom surface of 5; fig. 2) positionable against 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 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 defined by the plurality of mounts of the carrier (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 frame of the carrier (machine translation, paragraph [0067]).
Regarding claim 14, Zhou discloses the tracking system of claim 1, and further discloses that the carrier is one of 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 plurality of mounts the carrier space the transmitter apart from the surface of the subject to be tracked.
Shi teaches a tracking system (figs. 1-10) including a plurality of mounts (6) and a carrier (1; fig. 4) space 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 plurality of mounts the carrier 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 plurality of mounts of the carrier (5 of Zhou) reduce 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 plurality of mounts of the carrier (5 of Zhou) thermally isolate 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).
Response to Arguments
Applicant's arguments filed 5/13/26 have been fully considered but they are not persuasive. As discussed above Zhou teaches each and every element of claims 1-8 and 12-14, and Zhou in view of Shi teaches each and every element of claims 9-11.
Conclusion
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.
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
/MARISA V CONLON/Primary Examiner, Art Unit 3643
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