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 Objections
Claim 2 is objected to because of the following informalities:
Examiner suggests amending the limitation “wherein, during use, exposure of the first color is indicative detector actuation” to “wherein, during use, exposure of the first color is indicative of detector actuation”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. US 12075759 B2. Although the claims at issue are not identical, they are not patentably distinct from each other, as the claims of the present application are anticipated by Patent US 12075759 B2.
Present Application 18/823,205
Patent US 12075759 B2
Claim 1: A bovine estrus detection device, comprising a generally rectangular base having sides and ends, the base having a predetermined length and a predetermined width, the width being less than the length, the base having a first side and a second side, and wherein the first side of the base has a central region having a first color and end regions having a second color, the second color being different from the first color; an adhesive disposed on the second side of the base for coupling the base to a female cow or heifer; and a removable coating disposed over the first side of the base, the removable coating being exposed for contact by male or female cows mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows, whereby the first and second colors become visible.
Claim 1: A bovine estrus detection device, comprising a generally rectangular base having sides and ends, the base having a predetermined length and a predetermined width, the width being less than the length, the base having a first side and a second side, and wherein the first side of the base has a central region having a first color and end regions having a second color, the second color being different from the first color; an adhesive disposer on the second side of the base for coupling the base to a female cow or heifer; and a removable coating disposed over the first side of the base, the removable coating being exposed for contact by male or female cows mounting the female cow or heifer which the device is attached, and adapted to being removed by such mounting mate or female cows, wherein during use, exposure of the first color or disappearance of the second color is indicative of detector actuation.
Examiner notes that the claim indicates the first and second colors being present and visible when stating “the base has a central region having a first color and end regions having a second color.”
Claim 2: The bovine estrus detection device of claim 1, wherein, during use, exposure of the first color is indicative detector actuation.
Claim 1: A bovine estrus detection device, comprising a generally rectangular base having sides and ends, the base having a predetermined length and a predetermined width, the width being less than the length, the base having a first side and a second side, and wherein the first side of the base has a central region having a first color and end regions having a second color, the second color being different from the first color; an adhesive disposer on the second side of the base for coupling the base to a female cow or heifer; and a removable coating disposed over the first side of the base, the removable coating being exposed for contact by male or female cows mounting the female cow or heifer which the device is attached, and adapted to being removed by such mounting mate or female cows, wherein during use, exposure of the first color or disappearance of the second color is indicative of detector actuation.
Claim 3: The bovine estrus detection device of claim 1, wherein the central region of the first side of the base has at least one rectilinear periphery.
Claim 2: The bovine estrus detection device of claim 1, wherein the central region of the first side of the base has at least one rectilinear periphery.
Claim 4: The bovine estrus detection device of claim 1, wherein the central region of the first side of the base has at least one curvilinear periphery.
Claim 3: The bovine estrus detection device of claim 1, wherein the central region of the first side of the base has at least one curvilinear periphery.
Claim 5: The bovine estrus detection device of claim 1, wherein the first color is solid.
Claim 4: The bovine estrus detection device of claim 1, wherein the first color is solid.
Claim 6: The bovine estrus detection device of claim 1, wherein the first color is intermittent.
Claim 5: The bovine estrus detection device of claim 1, wherein detector actuation is indicated when fifty percent (50%) or more of the first color is shown.
Claim 7: The bovine estrus detection device of claim 1, wherein the first side of the base has a predetermined first area, and wherein the central region of the first side of the base has a predetermined second area, and wherein the second area is between 40 and 55 percent of the first area.
Claim 6: The bovine estrus detection device of claim 1, wherein the first side of the base has a predetermined first area, and wherein the central region of the first side of the base has a predetermined second area, and wherein the second area is between 40 and 55 percent of the first area.
Claim 8: The bovine estrus detection device of claim 1, wherein base, adhesive, and removable coating are disposed in layers, whereby the device is a flexible patch.
Claim 7: The bovine estrus detection device of claim 1, wherein base, adhesive, and removable coating are disposed in layers, whereby the device is a flexible patch.
Claim 9: The bovine estrus detection device of claim 1, wherein the first and second colors on the first side of the base are integrated into the base.
Claim 8: The bovine estrus detection device of claim 1, wherein the first and second colors on the first side of the base are integrated into the base.
Claim 10: The bovine estrus detection device of claim 1, wherein the first and second colors are disposed in layers on the base, the second color being disposed in a first layer over the entire first side of the base, the second color being disposed in a second layer over the first layer, at the central region.
Claim 9: The bovine estrus detection device of claim 1, wherein the first and second colors are disposed in layers on the base, the second color being disposed in a first layer over the entire first side of the base, the second color being disposed in a second layer over the first layer, at the central region.
Claim 11: A bovine estrus detection device, comprising a generally rectangular base having sides and ends, the base having a predetermined length and a predetermined width, the width being less than the length, the base having a first side and a second side, and wherein the first side of the base has a first color; an adhesive disposed on the second side of the base for coupling the base to a female cow or heifer; a first removable coating disposed over the first side of the base at a central region of the first side, the first removable coating having a second color, the second color being different from the first color; a second removable coating disposed over the first side of the base at end regions of the first side, the second removable coating having a third color; the first and second removable coatings being exposed for contact by male or female cows mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows, whereby the first color becomes visible.
Claim 10: A bovine estrus detection device, comprising a generally rectangular base having sides and ends, the base having predetermined length and a predetermined width, the width being less than the length, the base having a first side and a second side, and wherein the first side of the base has a first color; an adhesive disposed on the second side of the base far coupling the base to a female cow or heifer; a first removable coating disposed over the first side of the base at a central region of the first side, the first removable coating having a second color, the second color being different from the first color; and a second removable coating disposed over the first side of the base at end regions of the first side, the second removable coating having a third color; the first and second removable coatings being exposed for contact by male or female cow mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows, whereby the first color becomes visible; wherein, during use, exposure of the first color or disappearance of the second color is indicative of detector actuation.
Claim 12: The bovine estrus detection device of claim 11, wherein, during use, exposure of the first color is indicative detector actuation.
Claim 10: A bovine estrus detection device, comprising a generally rectangular base having sides and ends, the base having predetermined length and a predetermined width, the width being less than the length, the base having a first side and a second side, and wherein the first side of the base has a first color; an adhesive disposed on the second side of the base far coupling the base to a female cow or heifer; a first removable coating disposed over the first side of the base at a central region of the first side, the first removable coating having a second color, the second color being different from the first color; and a second removable coating disposed over the first side of the base at end regions of the first side, the second removable coating having a third color; the first and second removable coatings being exposed for contact by male or female cow mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows, whereby the first color becomes visible; wherein, during use, exposure of the first color or disappearance of the second color is indicative of detector actuation.
Claim 13: The bovine estrus detection device of claim 12, wherein, during use, disappearance of the second color is indicative detector actuation.
Claim 10: A bovine estrus detection device, comprising a generally rectangular base having sides and ends, the base having predetermined length and a predetermined width, the width being less than the length, the base having a first side and a second side, and wherein the first side of the base has a first color; an adhesive disposed on the second side of the base far coupling the base to a female cow or heifer; a first removable coating disposed over the first side of the base at a central region of the first side, the first removable coating having a second color, the second color being different from the first color; and a second removable coating disposed over the first side of the base at end regions of the first side, the second removable coating having a third color; the first and second removable coatings being exposed for contact by male or female cow mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows, whereby the first color becomes visible; wherein, during use, exposure of the first color or disappearance of the second color is indicative of detector actuation.
Claim 14: The bovine estrus detection device of claim 11, wherein the central region of the first side of the base has at least one rectilinear periphery.
Claim 11: The bovine estrus detection device of claim 10, wherein the central region of the first side of the base has at least one rectilinear periphery.
Claim 15: The bovine estrus detection device of claim 11, wherein the central region of the first side of the base has at least one curvilinear periphery.
Claim 12: The bovine estrus detection device of claim 10, wherein the central region of the first side of the base has at least one curvilinear periphery.
Claim 16: The bovine estrus detection device of claim 11, wherein the first color is solid.
Claim 13: The bovine estrus detection device of claim 10, wherein the first color is solid.
Claim 17: The bovine estrus detection device of claim 11, wherein the first side of the base has a predetermined first area, and wherein the central region of the first side of the base has a predetermined second area, and wherein the second area is between 40 and 55 percent of the first area.
Claim 14: The bovine estrus detection device of claim 10, wherein the first side of the base has a predetermined first area, and wherein the central region of the first side of the base has a predetermined second area, and wherein the second area is between 40 and 55 percent of the first area.
Claim 18: The bovine estrus detection device of claim 11, wherein base, adhesive, and first and second removable coatings are disposed in layers, whereby the device is a flexible patch.
Claim 15: The bovine estrus detection device of claim 10, wherein base, adhesive, and first and second removable coatings are disposed in layers, whereby the device is a flexible patch.
Claim 19: The bovine estrus detection device of claim 11, wherein the first color is integrated into the base.
Claim 16: The bovine estrus detection device of claim 10, wherein the first color is integrated into the base.
Claim 20: The bovine estrus detection device of claim 11, wherein the first, second and third and second colors are disposed in layers on the base, the first color being disposed in a layer over the entire first side of the base, the second color being disposed at the central region, and the third color being disposed at the end regions.
Claim 17: The bovine estrus detection device of claim 10, wherein the first, second and third colors are disposed in layers on the base, the first color being disposed in a layer over the entire first side of the base, the second color being disposed at the central region, and the third color being disposed at the end regions.
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 10 and 20 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 10, the limitations of “wherein the first and second colors are disposed in layers on the base, the second color being disposed in a first layer over the entire first side of the base, the second color being disposed in a second layer over the first layer, at the central region” are unclear, as it is interpreted to indicate that the layers are all of the second color and there is no mention of which layer is the first color.
Regarding claim 20, the limitation “wherein the first, second and third and second colors are disposed in layers on the base” is unclear. Examiner notes that Applicant did not mean to include the underlined portion of the limitation.
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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Williamson et al. (AU2003238759 B2), hereinafter Williamson.
Regarding claim 1, Williamson discloses a bovine estrus detection device [responsive patch 10, see in Fig. 1 and ¶ 0016], comprising a generally rectangular base having sides and ends, the base having a predetermined length and a predetermined width, the width being less than the length [patch 200 is rectangular with a predetermined length and width, the width being less than the length, see in Fig. 2], the base having a first side and a second side [see Fig. 3, first side near layer 204 and second side near layer 210], and wherein the first side of the base has a central region having a first color and end regions having a second color, the second color being different from the first color [patch 200 has two different colors in areas 202 and 204, with 202 on the ends of the patch and 204 in the central region, wherein 202 is reflective and 204 is non-reflective and preferably black, see in Fig. 2 and ¶ 0020 – ¶ 0021]; an adhesive disposed on the second side of the base for coupling the base to a female cow or heifer [The fabric layer 206 is configured to be secured to the animal. The fabric layer 206 could have an adhesive layer 208 attached to the fabric layer 206, see in Fig. 3 and ¶ 0025]; and a removable coating disposed over the first side of the base, the removable coating being exposed for contact by male or female cows mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows [The non-reflective coating 204 is formed from a suitable material so that it can be scraped or rubbed off the patch 200 through friction caused by a mounting animal, see in ¶ 0023], whereby the first and second colors become visible [The nonreflective coating 204 is designed to be at least partly removed from the indicator patch due to friction rather than adherence to the mounting animal, see in ¶ 0023; Examiner notes that both first and second colors would be visible since the non-reflective coating is the only layer to be partly removed, leaving both the reflective and non-reflective portions to remain].
Regarding claim 2, Williamson discloses the bovine estrus detection device of claim 1, wherein, during use, exposure of the first color is indicative detector actuation [non-reflective coating 204 needs to be exposed in order to actuate the detector, as it needs to be exposed on the surface of targeted cow in order to later on be rubbed off by the mounting cow, see in ¶ 0023].
Regarding claim 3, Williamson discloses the bovine estrus detection device of claim 1, wherein the central region of the first side of the base has at least one rectilinear periphery [patch can have border 406, see Fig. 4].
Regarding claim 4, Williamson discloses the bovine estrus detection device of claim 1, wherein the central region of the first side of the base has at least one curvilinear periphery [In one form both the non-reflective coating 204 and the reflective layer 202 are generally rectangular in shape, see in ¶ 0021; Under BRI, Williamson does not indicate that the shape of the patch needs to be rectangular with sharp corners. Examiner notes that having the border 206 of the patch and the 202/204 layers having at least one curvilinear periphery would not change the functionality of the patch and could still keep the layers having a generally rectangular shape].
Regarding claim 5, Williamson discloses the bovine estrus detection device of claim 1, wherein the first color is solid [204 central region is black and nonreflective, see in ¶ 0020-¶ 0021].
Regarding claim 6, Williamson discloses the bovine estrus detection device of claim 1, wherein the first color is intermittent [layer 204 can be partly removed after mounting, causing the color to be intermittent, see in ¶ 0023].
Regarding claim 7, Williamson discloses the bovine estrus detection device of claim 1, wherein the first side of the base has a predetermined first area, and wherein the central region of the first side of the base has a predetermined second area, and wherein the second area is between 40 and 55 percent of the first area [predetermined first area can include all of the first side of patch 400, central region of the first side can include all of 404 as the predetermined second area, see in Fig. 4; The dimensions of each indicator patch are preferably 150 x 50mm. It is envisaged that the specific dimensions of the strip could be varied slightly, see in ¶ 0038; Examiner notes that the area of layer 204 can be varied to be between 40 and 55 percent of the entire patch area].
Regarding claim 8, Williamson discloses the bovine estrus detection device of claim 1, wherein base, adhesive, and removable coating are disposed in layers, whereby the device is a flexible patch [fabric layer 206 makes patch flexible, see in Fig. 3 and ¶ 0024].
Regarding claim 9, Williamson discloses the bovine estrus detection device of claim 1, wherein the first and second colors on the first side of the base are integrated into the base [202 and 204 layers are integrated into the base of the first side, wherein both colors are visible, see in Fig. 3].
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is the following:
Williamson et al. (AU2003238759 B2), hereinafter Williamson
Prior art Williamson discloses a bovine estrus detection device [responsive patch 10, see in Fig. 1 and ¶ 0016], comprising a generally rectangular base having sides and ends, the base having a predetermined length and a predetermined width, the width being less than the length [patch 200 is rectangular with a predetermined length and width, the width being less than the length, see in Fig. 2], the base having a first side and a second side [see Fig. 3, first side near layer 204 and second side near layer 210], and wherein the first side of the base has a first color [patch 200 has layer 202 on the first side, wherein 202 is reflective, see in Fig. 2 and ¶ 0020 – ¶ 0021]; an adhesive disposed on the second side of the base for coupling the base to a female cow or heifer [The fabric layer 206 is configured to be secured to the animal. The fabric layer 206 could have an adhesive layer 208 attached to the fabric layer 206, see in Fig. 3 and ¶ 0025]; a first removable coating disposed over the first side of the base at a central region of the first side [patch 200 has 204 in the central region that can be removable by friction, see in Fig. 2 and ¶ 0023], the first removable coating having a second color, the second color being different from the first color [patch 200 has two different colors in areas 202 and 204, with 202 on the ends of the patch and 204 in the central region, wherein 202 is reflective and 204 is non-reflective and preferably black, see in Fig. 2 and ¶ 0020 – ¶ 0021]; the first removable coating being exposed for contact by male or female cows mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows [The non-reflective coating 204 is formed from a suitable material so that it can be scraped or rubbed off the patch 200 through friction caused by a mounting animal, see in ¶ 0023], whereby the first color becomes visible [The nonreflective coating 204 is designed to be at least partly removed from the indicator patch due to friction rather than adherence to the mounting animal, see in ¶ 0023]. Williamson fails to disclose the limitations of a second removable coating disposed over the first side of the base at end regions of the first side, the second removable coating having a third color and both the first and second removable coatings being exposed for contact by male or female cows mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows. In Williamson’s invention, only one removable coating is necessary for heat detection.
As such, the closest art of record fails to teach, either alone or in combination, the limitations of a second removable coating disposed over the first side of the base at end regions of the first side, the second removable coating having a third color and both the first and second removable coatings being exposed for contact by male or female cows mounting the female cow or heifer to which the device is attached, and adapted to being removed by such mounting male or female cows.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
• Anderson et al. (US 20080110406 A1)
• Stampe (US 20030066491 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HY KHANH DOAN whose telephone number is (703)756-5434. The examiner can normally be reached Monday - Friday 8:00 a.m. - 5 p.m..
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/HY KHANH DOAN/Examiner, Art Unit 3791 /TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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