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 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.
Claim(s) 1-14 is/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.
With respect to Claim(s) 1, the limitation states
“A system
for
estimating live and carcass weight from the length of the chest circumference of cattle by the table method,
comprising
an embedded system box”.
With respect to Claim(s) 2-14, the limitation states
“A method according to claim…”.
Dependent claim(s) 2-14 are dependent on independent claim 1. Dependent claim(s) 2-14 lack antecedent basis. Independent claim 1 is directed towards “A system”, therefore the dependent claims should be further limiting “The system of claim…”.
Further, independent claim 1 is directed towards “A system…comprising an embedded system box” intended to be used for “for estimating live and carcass weight from the length of the chest circumference of cattle by the table method”. Independent claim 1 fails to provide any details to how the claimed ‘embedded system box’ achieves the intended use of the system. For examination purposes, Examiner’s BRI of the an embedded system box capable of achieving the intended use would be generic computer structure.
Further, ‘the table method’ lacks antecedent basis and a clear definition of scope.
With respect to Claim(s) 5, the limitation states
“it is based on the principle that a person standing at a certain distance from the animal for measurement moves the embedded system box in his/her hand slowly upwards from the ground aligned with the chest region”.
With respect to Claim(s) 6, the limitation states
“it can operate independently of the distance at which the measurement is to be made”.
With respect to Claim(s) 7, the limitation states
“it calculates a new weight based on carcass weight by deducting 8% toughness wastage from the estimated live weight calculated by the aforementioned system”.
With respect to Claim(s) 10, the limitation states
“it transforms each point coordinate between the starting point and the last point of the chest circumference of the animal to be measured into a new pair of values with reference to the origin”.
It is unclear what “it” is and how it further limits the structure and function of the claimed system of claim 1. Examiner should state which particular component is ‘configured to’ perform the claimed function.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1, 7, 8, 12-14 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more (See 2019 Update: Eligibility Guidance).
Independent Claim(s) 1 recites
estimating live and carcass weight from the length of the chest circumference of cattle by the table method
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
In combination with Independent Claim(s) 1, Claim(s) 7, 8, 12-14 recite(s)
it calculates a new weight based on carcass weight by deducting 8% toughness wastage from the estimated live weight calculated by the aforementioned system.
calculates provisions for yield values between 50% and 60% of the estimated live weight minus 8% toughness wastage
and thus
provides the user with information on possible carcass weights
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)) (i.e. A system for, comprising an embedded system box; said system is fully automatic; said system is contactless);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generic computer structure/functions: generic data acquisition and display [e.g., on the LCD display; said system is based on ultrasonic distance sensors]); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. said system is based on ultrasonic distance sensors).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)) (i.e. See Alice Corp. and cited references for evidence of additional elements (i.e., generic computer structure)).
Examiner’s Note - 35 USC § 101
Claim(s) 2 states:
“said embedded system box comprising:
a microcontroller, which comprises the table containing estimated live weight data corresponding to the length of the chest circumference to be measured, reads data from ultrasonic distance sensors positioned on the horizontal and vertical axes, determines the starting and end point of the animal's chest circumference to be measured, converts horizontal and vertical distances measured by ultrasonic distance sensors into point coordinates in two-dimensional space, calculates the distance between two consecutive points, calculates the animal's chest circumference by adding up all the distances it calculates, finds the estimated live weight corresponding to the chest circumference calculated in centimeters from the table embedded therein, converts the estimated live weight into estimated carcass weight and delivers all this information to the LCD display as output,
an LCD display that reflects the estimated live and carcass weight information detected by the microcontroller .to the user,
a laser pointer used to mark the area where the animal's chest circumference is to be measured and thus avoid inaccurate measurements,
an ultrasonic distance sensor measuring distance in the horizontal axis,
and
an ultrasonic distance sensor measuring distance in the vertical axis.”
Claim(s) 2 provides a particular arrangement of parts and functions that practically apply the identified abstract idea. Examiner advises applicant that incorporating claim(s) 2 into the independent claims would cure the standing 101 rejection(s).
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.
(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.
Claim(s) 1, 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KRIESEL ET AL. (US 20050257748 A1) (hereinafter “KRIESEL”).
With respect to Claim(s) 1, KRIESEL teaches ‘A method and apparatus for measuring the physical characteristics of livestock animals such as cattle and hogs. The apparatus of the invention includes a plurality of strategically positioned cameras that are used to obtain data concerning volumetric, curvilinear (surface) and linear measurements of livestock animals such as cattle and hogs and the full carcasses thereof. In accordance with the method of the invention, the data is analyzed to provide information that substantially assists the commercial producer of livestock animals in producing a high-quality end-product for the consumer while adding profitability to the enterprise.’ and the BRI of:
A system (See, e.g., ¶ ABSTRACT; See also, e.g., Fig(s). 1-1 : 2-38)
for estimating live and carcass weight from the length of the chest circumference of cattle by the table method (intended use),
comprising
an embedded system box (See, e.g., ¶ ABSTRACT; See also, e.g., Fig(s). 1-1 : 2-38).
With respect to Claim(s) 12, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
KRIESEL further teaches the BRI of:
said system is based on ultrasonic distance sensors (See, e.g., ¶ 0180-0192; See also, e.g., Fig(s). 1-1 : 2-38).
With respect to Claim(s) 13, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
KRIESEL further teaches the BRI of:
said system is fully automatic (See, e.g., ¶ ABSTRACT; See also, e.g., Fig(s). 1-1 : 2-38).
With respect to Claim(s) 14, the cited reference(s) of the parent claim(s) teaches the BRI of the parent claim(s).
KRIESEL further teaches the BRI of:
said system is contactless (See, e.g., ¶ ABSTRACT; See also, e.g., Fig(s). 1-1 : 2-38).
Allowable Subject Matter (over prior art)
The following is a statement of reasons for the indication of allowable subject matter over prior art:
None of the cited prior art alone or in combination provides motivation to explicitly teach:
“said embedded system box comprising:
a microcontroller,
which comprises the table containing estimated live weight data corresponding to the length of the chest circumference to be measured,
reads data from ultrasonic distance sensors positioned on the horizontal and vertical axes,
determines the starting and end point of the animal's chest circumference to be measured,
converts horizontal and vertical distances measured by ultrasonic distance sensors into point coordinates in two-dimensional space,
calculates the distance between two consecutive points,
calculates the animal's chest circumference by adding up all the distances it calculates,
finds the estimated live weight corresponding to the chest circumference calculated in centimeters from the table embedded therein,
converts the estimated live weight into estimated carcass weight
and
delivers all this information to the LCD display as output,
an LCD display
that
reflects the estimated live and carcass weight information detected by the microcontroller .to the user,
a laser pointer
used to
mark the area where the animal's chest circumference is to be measured and thus avoid inaccurate measurements,
an ultrasonic distance sensor
measuring distance in the horizontal axis,
and
an ultrasonic distance sensor
measuring distance in the vertical axis”
of claim(s) 2 (including dependent claim(s));
“it calculates a new weight based on carcass weight by deducting 8% toughness wastage from the estimated live weight calculated by the aforementioned system”
of claim(s) 7 (including dependent claim(s)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANDREW SCHECHTER can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit
Prosecution Insights