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 .
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 8 and 11 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.
Claim 8 recites “the pressure of milk flowing”. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 and 11 recites the limitation "the milked animal information" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 2, 5-7 and 9-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dunn et al (US 20070289536).
Regarding claim 1, Dunn et al teach (Figs. 1-4) a milk measuring device for determining at least one parameter of milk flowing through a flow line provided between an inlet opening and an outlet opening, wherein said flow line comprises: a firs circuit board (printed circuit board [0026] connecting to emitters) and a second circuit board (printed circuit board [0026] where detectors connected to) configured to remain there between; said first circuit board comprises a plurality of infrared transmitters (see figure 2, top/bottom emitters IR [0029]) directed towards said flow line (figure 2 – where milk flow) for emitting infrared ray; said second circuit board comprises a plurality of infrared receivers (Top/Bottom detector) directed toward first circuit board for detecting the infrared ray emitted by said infrared transmitters and generating a signal according to the detected infrared ray; the infrared ray emitted by each infrared transmitter is detected by at least two infrared receivers ([0037-0038] “if two light beams of different, selected wavelengths traverse the same optical path”) that comprise a processor unit (see figure 3, main microprocessor) for ensuring simultaneous operation of the infrared transmitter and the infrared receivers; and the processor unit is configured to determine at least one flow parameter (fat content see [0037-0038]) of the milk flowing through the flow line according to the signal generated by the infrared receivers.
Regarding claim 2, Dunn et al teach (Fig. 2) the infrared transmitters provided on the first circuit board and the infrared receivers provided on the second circuit board are arranged in equal numbers and opposite each other.
Regarding claim 5, Dunn et al teach a conductivity sensor (thermistor – see figure 2 where heat is CONDUCTED) for measuring the conductivity of milk, configured to be at least partially in contact with milk flowing through the flow line; wherein the processor unit is configured to determine at least one conductivity parameter of milk flowing through the flow line according to the signal it receives from said conductivity sensor.
Regarding claim 6, Dunn et al teach a heat sensor (thermistor) for measuring the temperature of milk flowing through the flow line; wherein the processor unit is configured to determine at least one heat parameter of milk flowing through the flow line according to a signal it receives from said heat sensor.
Regarding claim 7, Dunn et al teach the first circuit board comprises a light source (image illumination) directed towards the flow line for emitting visible light wavelength; the second circuit board comprises an optical sensor (camera) directed towards the first circuit board for detecting the light emitted by said light source and generating a signal according to the detected light; wherein the processor unit is configured to determine at least one color parameter of milk flowing through the flow line according to the signal it receives from the said optical sensor.
Regarding claim 9, Dunn et al teach the flow line is made of infrared ray transmitting material.
Regarding claim 10, Dunn et al teach ([0079]) at least part of said flow line is configured to transmit visible light wavelength.
Regarding claim 11, Dunn et al teach ([0049]) the processor unit is configured to store the determined parameters in the said memory unit by associating it with the milked animal information.
Regarding claim 12, Dunn et al teach a communication unit (video output section of microprocessor) for enabling external industrial device (User display see figure 3) to communicate with the milk measuring device.
Regarding claim 13, Dunn et al teach a user interface (user control – see figure 3) for enabling the user to read out parameters determined by the processor unit.
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.
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dunn et al in view of Handique (US 20140329301).
Regarding claims 3 and 4, Dunn et al teach the invention set forth above. Dunn et al do not the infrared transmitters provided on the first circuit board and the infrared receivers provided on the second circuit board are arranged in two rows of five. Handique teaches (Figs. 8) transmitter provided on a first circuit board and the receivers provided on the second circuit board arranged in two rows of five ([0104]-two by six which includes 2x5). It would have been obvious at the time of invention to use two by 5 detector array to expand the detection areas wherein the infrared receivers provided opposite thereto and at least five infrared receivers closest to the infrared receiver provided opposite thereto.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TONY KO whose telephone number is (571)272-1926. The examiner can normally be reached Monday-Friday 9-5pm.
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/TONY KO/Primary Examiner, Art Unit 2878
TK